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HomeMy WebLinkAbout05. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN AUGUST 13, 2019 REGULAR MEETING held Tuesday, August 13, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Steven Herman, Matt Mugerauer, Jake Krause, Bob Poeschl, Sill Miller, Deb Allison-Aasby and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager;Angela Joeckel, Deputy City Clerk;Lynn Lorenson, City Attorney and Allen Davis, Director of Community Development Council Member Herman read the Invocation. The Pledge of Allegiance was led by Council Member Herman. PROCLAMATION Mayor Palmeri proclaimed August 2019 to be Civility Month in the City of Oshkosh. Karen Bowen and Michael Rust of the Oshkosh Civility Project accepted the proclamation. CITIZEN STATEMENTS Ronald Chaplin, 411 Ohio Street, explained he was concerned about the billing cycle for the water department. He stated he had received a bill on July 111h with a due date of August 1st, and had received a delinquent notice on August 51h. He explained his landlord had contacted him and indicated that if he was delinquent again, he would be evicted. He stated he was not paid until the 51h of every month and would not be able to meet the due date. He explained that he was concerned about the lack of flexibility within the system, and City staff was unable to adjust his billing date. He requested Council review the policy to adjust the date and allow him to pay the bill on time. He stated it had previously been a longer period of time between the due date and the date a delinquent notice was sent. PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Mayor Palmeri questioned if his billing date had changed with the new monthly billing cycles. Mr. Chaplin stated he was unsure; he did not believe it changed. He explained the bill due date was not consistent therefore it was difficult to pre-plan. He stated he was able to pay his bill, however, would request a longer time period prior to receiving a delinquency notice. Mr. Rohloff explained City staff would follow up with Mr. Chaplin. He stated Russ Van Gompel, interim Finance Director, had been reviewing the process related to the switch to monthly billing and would identify areas that could be adjusted. Council Member Poeschl questioned if there was flexibility within the finance department related to due dates. Mr. Rohloff stated City staff worked cooperatively with citizens and utilized payment plans. He explained it was his understanding that Mr. Chaplin was looking for a change to his due date and he would follow up with City staff. Council Member Krause questioned why four days had been selected for a delinquency notice as it seemed like a short period of time. Mr. Rohloff stated he would review the process with City staff as he agreed four days was a short window. Council Member Krause questioned if customers would be scheduled for the same due date each month. He explained citizens had reached out to him indicating they had been charged early and received a non-sufficient funds fee from their financial institution. Mr. Rohloff stated it was dependent on the district. Council Member Krause questioned if customers would have a consistent due date. Mr. Rohloff stated yes. Travis Brand, 451 Hazel Street, thanked the Council Members who had voted for the transportation utility fee, and the City staff who had worked to put the proposal together. He stated according to a mailing he had received the average lifespan of a City street was 30 years. He explained under the proposed fee, he would be paying a quarter of what he would now be required to pay under the existing plan. He stated he believed Council 2 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 needed to be motivated to change the policy. He explained he believed an ad-hoc committee was redundant and prone to bias. Mayor Palmeri stated the ad-hoc committee was listed for discussion later on the Council agenda. She questioned Council if Mr. Brand should be permitted to continue. Several Council Members stated yes. Mr. Brand explained he believed the solution provided by the long range finance committee was equitable. He stated he opposed a wheel tax as it would unfairly benefit commercial interests and others who could register vehicles in different municipalities. He explained there needed to be a fair solution and finding one should be a priority for Council. Eric Endres, 3071 Fond du Lac Road, stated he had previously spoken out against the City's policy on feral cats. He explained the police department had reached out to the Oshkosh Area Humane Society, who informed him he should have been told that someone would come to his property to pick up the trapped cats and would assist him in trapping the remaining cats. He stated he appreciated that follow up. He explained after he had trapped kittens and taken them to the Humane Society, he had begun to experience gastrointestinal distress. He stated after five days he went to the emergency room where he was diagnosed with a parasite infection. He explained coming into close contact with animals or animal feces was one of the ways the parasite was transmitted. He stated he had been prescribed a medication that cost $800 dollars for six pills, however, had been able to find a manufacturers coupon and obtain the medication for $500 dollars. He explained he had also received a charge for the emergency room visit. He stated he believed it was likely he had contracted the parasite from the feral cats. He explained he had been exposed due to the City's policy on feral cats. He questioned why the City did not provide enough resources to the Humane Society to allow their staff to trap the feral cats. He stated the City's policy was a health and financial burden to the citizens. He explained he had learned of volunteers who may assist with feral cat trapping for a fee. He stated the City needed to make citizens aware of their existence and involve them in the solution. Mayor Palmeri thanked Mr. Endres for sharing his experience. Mr. Rohloff explained he would follow up with Dean Smith, police chief, to identify the group of volunteers and share the information. 3 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of the Library Board Minutes from June 27, 2019 Receipt & Filing of Museum Board Minutes from June 61h&July 111h 2019 Receipt & Filing of Common Council Minutes from July 23, 2019 Receipt of Claims filed with the City's Insurance Company: A) Karen Russell for alleged injuries due to an accident with a City bus B) Wisconsin DOT for alleged damages to a sign by a squad car Resolution 19-445 Approve Conditional Use Permit to Establish an Outdoor Storage Use at 2825 Bowen Street (Plan Commission Recommends Approval) Resolution 19-446 Award Bid for Public Works Contract No. 18-16 to August Winter & Sons, Inc. for Waste Water Treatment Plant Digester Mixing Upgrade ($1,699,850.00) Resolution 19-447 Award Bid for Public Works Contract No. 19-22 to Vinton Construction Company for Oshkosh Avenue/North Koeller Roundabout Modifications ($198,864.01) Council Member Mugerauer questioned if City staff had been concerned about receiving a single bid for both the waste water treatment plant digester mixing upgrade (Resolution 19-446) and the roundabout modifications for Oshkosh Avenue and North Koeller Street (Resolution 19-447). James Rabe, Director of Public Works, explained anytime there was only a single bidder on a project City staff reviewed the bid to ensure it was within the realm of expectations and was not inflated. He stated both of the bids had been in line with estimates for the projects. He explained the City had worked with both contractors in the past and had an excellent track record. He stated while he would prefer to receive more than one bid on a project he was not concerned. Resolution 19-448 Award Bid to B&H Foto & Electronics Corp. for Oshkosh Media A/V Equipment ($39,384.88) 4 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Resolution 19-449 Approve Purchase from Hach for Turbidimeters for Water Filtration Division($42,531.69) Resolution 19-450 Approve Purchase from Interstate Power Systems for Hybrid Sus Battery Pack for Transit Department ($59,372.35) Resolution 19-451 Approve Initial Resolution for Special Assessments for Asphalt Overlay Relating to Contract No. 19-23 A) Madison Street (Merritt Avenue to Northwestern Avenue) B) Northwestern Avenue (Madison Street to Mount Vernon Street) C) West 101h Avenue (Oregon Street to Minnesota Street) Resolution 19-452 Approve Change Order No. 1 for Digester Cleaning Services for the Wastewater Treatment Plant / Full Service Organics Management, LLC (+40,562.00) Resolution 19-453 Approve Professional Services Agreement for Design & Construction Engineering Services for the Southwest Industrial Park / Strand Associates, Inc. ($489,700.00) Resolution 19-454 Approve Granting Privilege in Street to The Sigma Group, Inc. for a Groundwater Monitoring Well at East Custer Avenue & Grand Street (Plan Commission Recommends Approval) Resolution 19-455 Accept Traffic Control & Lighting Control Easement at Oregon Street & West 201h Avenue (Plan Commission Recommends Approval) Resolution 19-456 Accept Dedication of Street Right of Way on the West Side of North Koeller Street between Rath Lane & Oshkosh Avenue (Plan Commission Recommends Approval) Resolution 19-457 Approve Specific Implementation Plan for New Garages & Parking Lot Reconstruction at 207 East Irving Avenue (Plan Commission Recommends Approval) Resolution 19-458 Approve Specific Implementation Plan Amendment for a Mixed- Use Site at 851 South Main Street (Plan Commission Recommends Approval) 5 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Resolution 19-459 Approve Amendment to 2019 Operation Budget A) Pollock Pool Concessions ($17,000.00) B) Contract Services for Inspections ($20,000.00) Mayor Palmeri questioned if City staff was requesting additional funds for inspections. Mr. Davis explained City staff was requesting additional funds as there was additional revenue coming in. He stated the City offered a commercial plan review as an alternative to the State commercial plan review, and charged the same fee as the State. He explained the fee revenue would pay the architect engineer resulting in a neutral budget item. He stated while there was a need for additional funding for the architect engineer it would be recouped by the plan review revenue. Mayor Palmeri questioned if customers preferred the City's plan review service as it expedited their project. Mr. Davis stated that was correct. Resolution 19-460 Approve Appointment to Advisory Parks Board Resolution 19-461 Disallowance of Claim by David Stamborski Resolution 19-462 Approve Combination "Class B" License, Agent Change for Combination "Class A" License, Special Class "B" Licenses, Operator Licenses & Taxi-Cab Driver License MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 19-409 (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-463 Approve Amendment to Chapter 19 Section 19-4(T) of the City of Oshkosh Municipal Code Defining Bowen Street Fishing Dock Park MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri 6 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Ordinance 19-464 Designate Bike Lanes & Restrict Parking on Portions of North Westfield & North Koeller Streets MOTION: ADOPT (Mugerauer; second, Miller) CARRIED: Ayes (7) Herman, Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri Ordinance 19-465 Approve Temporary Closure of Harrison Street from Nicolet Avenue to East Packer Avenue MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Herman, Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri Mayor Palmeri asked for an explanation of the closure. James Rabe, Director of Public Works, explained the closure was a request from the contractor working for Oshkosh Corporation to replace a water service going into their building. He stated the closure would be a small portion of Harrison Street and building access would remain. He explained he believed the duration of the closure would be approximately two weeks. Mayor Palmeri questioned if it would be a full closure or lane restrictions. Mr. Rabe stated it would be closed to traffic, however, access would remain open to the property. Council Member Herman explained he understood the closure would last one week. Mr. Rabe stated he could not remember the exact duration of the closure. Ordinance 19-466 Approve Zone Change from Suburban Mixed-Use District (SMU) to Duplex Residential — 6 District (DR-6) for Property Located at the South 2400 Block of Omro Road (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES 7 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Ordinance 19-467 Approve Zone Change from Urban Industrial District (UI) to Urban Industrial District with a Planned Development Overlay (UI-PD) at 1016 Witzel Avenue (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-468 Approve Appointment of Alternates to City Boards & Commissions FIRST READING; LAID OVER UNDER THE RULES Resolution 19-469 Approve Development Agreement with Merge, LLC for Redevelopment of Parcels H, I & J within the Marion Road Redevelopment Area MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (7) Herman, Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri Mayor Palmeri asked for an explanation. Mr. Davis explained these were the three remaining parcels on Marion Road. He explained the developer had gone through the site planning process and a tax increment financing (TIF) plan. He stated the development plan would implement the TIF, which was a'pay-go', and pay up to 25 percent of the development cost for all three parcels. He explained there would be a look back clause after ten years and City staff anticipated keeping the TIF open long enough to pay the developer and any potential public projects, specifically the Oregon Street Bridge. He stated the developers would be responsible for remediation of the current environmental conditions and liability protections for the City. Mayor Palmeri questioned how many total units would be in the development. Mr. Davis stated 240 residential units. Council Member Poeschl stated the agreement included a section titled 'submission of rental information'. He explained he found the collection of such information interesting, however, he had been surprised to see it in the developers agreement. He questioned if it was a new addition. Mr. Davis stated it was. 8 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Council Member Poeschl stated it was good information to request on an annual basis. He explained it meant each year Merge would need to submit the total amount of collected rent, number of leases and vacancies. Resolution 19-470 Approve Development Agreements with Rogan Stores Oshkosh LLC, Reilly Real Estate, LLC & Masters Oshkosh, LLC for Redevelopment of the Aviation Plaza MOTION: ADOPT (Herman; second, Poeschl) CARRIED: Ayes (7) Herman, Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri Mayor Palmeri requested an explanation. Mr. Davis stated the site plan and the tax increment financing (TIF) plan had been reviewed by Council. He explained the developers agreement would implement the 'pay-go' TIF for a duration of approximately ten years. He stated significant public improvements would be necessary to support the three businesses. He explained the businesses included Extreme Customs, the Mineshaft and Rogans Shoes. He stated City staff had worked diligently to keep the developments as a cohesive project. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Palmeri explained the second budget workshop was scheduled for Wednesday, August 21s' at 5:00 p.m. in room 404 and would be open to the public for viewing purposes. She stated she understood the joint meeting with the Oshkosh Area School Board had been delayed. Mr. Rohloff explained there was a schedule conflict and he would follow up with Council when he had additional information. Council Member Allison-Aasby explained Council frequently received communication from constituents utilizing the web contact form on the City website. She stated she believed that there should be required fields, as Council had received emails that lacked contact information. She explained she would like to have both email address and phone number be mandatory. Mayor Palmeri agreed. She explained it was difficult to respond to a citizen who did not provide contact information. She clarified if Council Member Allison-Aasby was requesting City staff add required fields. 9 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Council Member Allison-Aasby stated yes; name, phone number and email address. Council Member Poeschl agreed. He stated he had learned that when a citizen contacts Council with the web form, they did not receive a copy. He explained he would request that the email that was sent to Council also be provided to the citizen. Mayor Palmeri questioned if he meant an acknowledgement. Council Member Poeschl explained they received an acknowledgement;he was referring to what would typically be located in a 'sent' email box when a message was sent. Council Member Allison-Aasby stated there had been instances in which she thought she had replied to a constituent, as she had selected 'reply', however, that sent the reply back to the web form. She explained it was necessary to click on their email address. She stated Council Member Miller suggested adding address as a required field. Mayor Palmeri questioned if it would be possible to provide that direction to City staff. John Fitzpatrick, Assistant City Manager, explained City staff would be happy to accommodate Council. He stated there may be some individuals who did not have an email address and may have utilized the web contact form at the library. He explained that would put people in that situation at a disadvantage. Council Member Miller questioned if there could be two fields; one that requested an email address, and a second in which they could select'not available' if they did not have one. Mr. Fitzpatrick stated he would review the available options with information technology. He explained it was structured with citizens in mind and to not exclude anyone. Council Member Poeschl suggested instead of requiring specific fields, allowing a citizen to select their preferred method of contact. Council Member Allison-Aasby stated she struggled reaching individuals by phone at times, and suggested requiring the citizen's address to allow Council to follow up with a note. Mr. Rohloff explained he would like City staff to review the available options. 10 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Mr. Fitzpatrick stated he believed after City staff presented Council with the available options they would be able to work together to achieve what Council wished to accomplish. Council Member Poeschl stated he enjoyed receiving email from citizens who utilized the City's website. Mayor Palmeri explained citizens and business owners needed to understand that emails, phone calls or written correspondence were the appropriate form of communication with Council. She stated she had been aware of Council Member names being mentioned in various social media threads, and they may or may not be aware of the discussion. She explained sometimes it appeared as though they were requests for them to participate in the discussion, and Council did not have the time or resources to monitor social media. She stated a recent discussion had occurred regarding term limits for boards and commissions as well as Council. Council Member Herman explained he did not believe the City needed term limits until the State and Federal government changed term limit laws. He stated he believed Council Members should be allowed to continue to run, and if the constituents did not believe they should continue as an elected official they would vote accordingly. He stated he did not believe term limits were appropriate for boards and commissions. He explained he believed if there was a concern with a particular member it could be addressed. Council Member Mugerauer agreed. He stated he believed term limits were imposed indirectly through the election process. He explained he believed imposing term limits on the boards and commissions was essentially telling citizens that the City did not want their service. He stated he did not support disengaging a citizen and therefore would not be supportive of term limits. Mayor Palmeri explained she believed it had been brought up as a discussion point that term limits would make room for new applicants to have an opportunity to serve. She stated since that time, Council had added alternate positions to the boards/commissions, which would increase opportunities to serve. She explained it did not seem as though Council wished to pursue term limits at this time. She stated Council had received a memo from the City Manager in regards to forming an ad-hoc committee to investigate alternatives to special assessments. Council Member Mugerauer stated the framework that City staff had recommended related to the committee was inclusive of multiple aspects of the community including 11 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 residential, business, non-profit and institutional property owners. He explained he supported the recommended framework and believed the success of the committee would be determined by the level of effort members were willing to put into the process. Mayor Palmeri stated she believed one or two Council Members should be part of the committee. Council Member Mugerauer explained there was a note for one Council Member to be included. Mr. Rohloff explained he had included a Council Member under the residential representation category. Council Member Herman agreed with Council Member Mugerauer in regards to the framework. He stated he would recommend that the committee not be too large, and questioned who would appoint the members. He questioned if Council would provide the committee with specific tasks and determine how long the committee would meet. He stated he believed a solution was needed in the near future and he was in favor of an alternative to special assessments for pavement and sidewalks. He believed it needed to be communicated that property owners would still be responsible for utility work as he did not think citizens recognized that during previous discussions. Council Member Miller stated he understood there was a group of business owners and community leaders forming a committee to come up with a solution, and he believed Council should give them enough time to come up with a proposal. Council Member Krause stated he appreciated the idea of receiving a proposal from the community, however, believed that without firm deadlines some members may intentionally drag out the process. Mayor Palmeri agreed that the committee would need a time limit and some form of application or letter of interest. Council Member Allison-Aasby questioned if City staff was aware that another committee was in the process of forming. Mr. Rohloff stated he had not been aware of it. Mayor Palmeri questioned if Council Member Allison-Aasby had indicated that there was another committee forming. 12 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Council Member Allison-Aasby explained Council Member Miller had indicated there was a committee of business owners and community leaders forming a committee to provide a proposal to the City. She stated she had wanted to clarify if City staff had been aware. Mayor Palmeri questioned if other Council Members had been aware. Several Council Members stated no. Council Member Miller explained he had just met with Sill Wyman of the Community Foundation earlier in the week and apologized for not sharing the information earlier. Council Member Herman questioned if would be appropriate to reach out to the Community Foundation. Mayor Palmeri stated the framework for the ad-hoc committee included participation from members of the non-profit and institutional communities. Council Member Herman questioned if the goal of the community group was to provide a solution or gather volunteers to serve on the City's ad-hoc committee. Council Member Miller stated he was uncertain if Mr. Wyman intended to involve the Community Foundation or if he had an interest in dedicating his personal time. Council Member Herman explained he believed Council should establish what Mr. Wyman's intentions were. Mr. Rohloff stated he would follow up with Mr. Wyman. Council Member Allison-Aasby explained she believed it would be a benefit to have interested individuals submit either an application or a letter of interest. Mr. Rohloff questioned if Council had direction in regards to tasks or a goal for the ad- hoc committee. Council Member Herman stated the discussion related to the transportation utility fee had been related to pavement and sidewalks. He explained it made sense that investigating options related to those charges would be the goal of the committee. 13 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Council Member Mugerauer stated there needed to be an established timeline and specific purpose. He explained a significant portion of the work had already been completed by the long range finance committee and City staff. He stated the data existed and could be analyzed to come up with a proposal. He explained he believed a 90 day window was sufficient. He stated he believed the goal should be to identify a proposal to eliminate special assessments for concrete work. Mayor Palmeri explained she believed 90 days seemed like a reasonable amount of time. She stated she believed September 61h was an appropriate deadline for submitting applications or letters of interest. She reviewed the various groups of representation the framework recommended and questioned if Council was satisfied with the recommended membership. Several Council Members agreed. Mayor Palmeri questioned if an application deadline of September 61h was enough time. Mr. Rohloff stated the committee would need to be created at the August 271h Council meeting, and members would be appointed at September 101h Council meeting. He explained he believed a deadline of September 61h would be tight as it would not leave much time to narrow down applicants. Mayor Palmeri questioned if moving the application deadline to August 271h would be sufficient. Mr. Rohloff questioned if it was Council's goal to appoint the members during the September 101h Council meeting. Mayor Palmeri stated Council wished to appoint the members on September 101h and give them 90 days to complete their task. Mr. Rohloff stated based on the indication it was likely Council would vote to approve the ad-hoc committee during the August 271h meeting, City staff would be able to begin recruitment at this time. Council Member Herman questioned if City staff would like applicants to provide a letter of interest and where they should be submitted. Mr. Rohloff stated it would function like the other boards/commissions and submissions would go through his office. 14 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Mayor Palmeri explained Council would receive copies of what an applicant submitted. She questioned if there needed to be an application or if a letter of interest was sufficient. Council Member Herman stated for an ad-hoc committee he believed a letter of interest was appropriate. He questioned if it would be easier for interested individuals to visit the boards/commissions section of the City website and apply. Mr. Rohloff stated City staff would set a deadline of August 301h to allow Council to review the submissions and appoint members at the September 101h Council meeting. Mayor Palmeri questioned if he was comfortable with applicants utilizing the boards/commissions application with an indication of'ad-hoc' for the limited purpose of recruiting members. Mr. Rohloff stated City staff would be able to make it work. Council Member Allison-Aasby questioned if holding a special meeting to vote on the formation of the committee would help expedite the process. Mr. Rohloff stated Council would first need to provide direction related to the goal and tasks of the committee. Council Member Krause suggested holding a special meeting around the time of the budget workshop on August 21st Council Member Allison-Aasby stated she would not be able to attend as she would be at a conference, however, explained she could provide a Council colleague or City Manager Rohloff with input. Council Member Herman stated he believed the goal of the committee was simple. He explained their task would be to come up with a proposal to replace special assessments related to concrete work in 90 days. Council Member Allison-Aasby stated the proposal should be an equitable solution for all sectors of the community. Council Member Herman clarified that interested parties would not be required to submit an application and a letter of interest would suffice. Mayor Palmeri stated that was correct. 15 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Mr. Rohloff explained the proposed transportation utility fee covered concrete in the streets, curb and gutter, sidewalks and asphalt. He stated he wanted to be specific with the committee and questioned if it was still the intent of Council to come up with a replacement to special assessment charges for those items. He questioned if the options should be limited to items that had been previously discussed. Mayor Palmeri explained she did not believe the options should be limited as she believed it would defeat the purpose of creating the committee to come up with a solution. Mr. Rohloff stated he wanted to ensure Council wanted the committee to consider replacing all four items previously addressed by the transportation fee as opposed to eliminating an item from being included in the proposal. He explained the resolution for creating the ad-hoc committee would be added as an additional item to the meeting on Wednesday, August 21s' so that recruitment could begin. He stated August 301h would be the deadline for applicants to indicate interest in the committee and Council would appoint members at the Council meeting on September 101h. He explained the 90 day deadline would result in a proposal being due at the December 101h Council meeting, which was historically the last Council meeting of the year. Mayor Palmeri stated she wanted to ensure those interested in applying to the ad-hoc committee understood that they would need to be able to commit to multiple meetings during the aggressive timeline. Council Member Poeschl explained it was his understanding that the committee would look at providing special assessment relief beginning in 2019. Mr. Rohloff stated he did not believe it would be possible to provide special assessment relief in 2019. He explained City staff was already behind due to the delay related to the transportation utility fee. He stated he believed a solution could be in place for 2020. Mayor Palmeri questioned if that was because of the current budget cycle. Mr. Rohloff stated the City would not have the funds to cover the 2019 special assessment costs and would have to borrow/special assess for the projects this year. Council Member Mugerauer explained to expect something to be implemented in 2019 was unrealistic and would be irresponsible due to the negative budgetary implications. 16 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Council Member Poeschl stated he wanted to be clear and not raise hope in the community that because of the 90 day timeline they may expect relief this year. He explained he was not certain that a 90 day timeline was realistic as the long range finance committee and City staff had dedicated years to coming up with a solution. He stated he believed a strict deadline would not lead to the success of the committee. Council Member Miller explained he did not believe the topic should be forced through a 90 day process. He stated he believed it may result in another proposal that did not pass. Council Member Allison-Aasby stated while she understood the viewpoint about providing false hope, City staff had sent out special assessment estimates, which would have not been sent had it been guaranteed that citizens would not be charged this year. She stated without a deadline the process could continue to drag out. She explained she believed to be fair to the citizens it was important to come up with a solution or decide to leave current policy in place by the end of the year, so that going into 2020 citizens knew what to expect. Council Member Mugerauer agreed. He stated he believed deadlines spurred action, and by leaving it open-ended, it had the potential to drag on. Council Member Herman questioned when City staff sent 2020 notices to property owners. He stated that may be an appropriate deadline, and agreed the process should not be delayed. James Rabe, Director of Public Works, explained letters would begin going out to property owners for work in 2020 within weeks. He stated the initial readings for street reconstruction projects would likely occur during the first January Council meeting. He explained the public hearing for the construction bidding process would likely occur at the first meeting in February. Council Member Herman stated it was possible to extend the deadline to the first meeting in January, however, citizens would need to be notified again that there was potential for the policy to change. He explained he believed there should be a deadline, however, it needed to be realistic for the committee members. Council Member Poeschl agreed that there needed to be some level of a report from the committee within a specific time. He explained his concern was that he was uncertain that a committee would be able to successfully create a new plan within 90 days. He stated he believed a report to Council within 90 days was realistic. 17 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Mayor Palmeri stated five members of Council wished to have a specific timeframe and while she appreciated the input from Council Members Poeschl and Miller, she believed the significant amount of time that Council and City staff had already dedicated to the research would be of benefit to the committee. Council Member Krause explained he was in support of a 90 day deadline as he believed it gave the committee members a specific time commitment. He stated the people who would come together for the committee were problem solvers and community leaders. He explained the committee would be able to utilize the existing groundwork to come up with a solution. Mayor Palmeri questioned if City residency would be a requirement of the committee members. Council Member Allison-Aasby stated as that was a requirement for the other boards/commissions she believed that would be appropriate. Council Member Miller stated he did not believe the notices for 2020 would be a problem, as he interpreted it as preparing citizens for the 'worst case' scenario. Mr. Rabe explained at the neighborhood meeting, City staff would be able to share that there was a committee looking at an alternative to the special assessment charges. He stated City staff would evaluate what type of communication to send with notices, dependent on the progress of the committee. Council Member Miller explained he would prefer not to mention the potential alternative. Mr. Rabe stated the neighborhood meetings did not present specific financial information to property owners. He explained they presented the capital improvement program information including total project cost and City/special assessment costs. Council Member Herman questioned if the committee would look at replacing special assessments charges for the items Mr. Rohloff listed. Council Member Allison-Aasby explained she believed those were items to be discussed by the committee. She stated the committee may decide to come up with a solution that does not involve all of the items. 18 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Mayor Palmeri explained it would be an advisory committee and although they would provide Council a recommendation, Council would maintain the authority to approve or amend their proposal. She questioned if City staff had enough direction. Mr. Rohloff clarified that the committee would be formed to look at special assessment relief funding options and implementation options. He recommended asking for a report from the committee no later than December 151h. He stated he understood Council wanted residency to be a requirement for committee members. Council Member Miller explained there were business owners who did not live in the City. Council Member Mugerauer stated he was comfortable opening the committee to non- residents who were invested in the community. He explained he was uncertain that senior leadership with institutions such as UW Oshkosh resided in the proper City limits, however, believed their input would be a benefit. Mayor Palmeri stated she could understand allowing a limited number of non-residents to serve, however, it was a significant financial decision specific to Oshkosh. She explained while she appreciated the investments in the community, for that significant of a decision, she believed the majority of the committee should be residents. Mr. Rohloff stated within the City's municipal code, there were exceptions, such as not requiring the school representative for the library board to live within City limits. He explained the business improvement district board was comprised of property owners, however, not necessarily residents. He stated Council would be able to include a provision that indicated a maximum of two business owners may be involved who may not live in City, yet owned property in Oshkosh. Council Member Krause explained he would agree with allowing a business owner or a residential property owner serving as a member. He stated he would not agree with a business having a representative who was not an owner and did not live in the City. Mr. Rohloff explained he believed it would provide Council flexibility. Council Member Poeschl questioned who would decide how many resident versus non- resident members would serve from each section of the community. 19 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 Mr. Rohloff explained he would recommend Council be flexible in the institutional, non- profit and business categories. He stated he did not believe residency would be a concern in the other categories. Mayor Palmeri indicated she would propose two non-resident appointees; one from the governmental/non-profit/institutional category and one from the business category. Council Member Herman agreed with allowing participation of business owners who resided outside of the City limits, as they had a stake in the discussion. He explained Council would receive the applications and make the final decision. Mr. Rohloff stated City staff would prepare a draft of the resolution for Council. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Miller complimented Auto Authority's renovation. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated if Council had questions regarding the Oshkosh Corporation update or outstanding issues to let him know. He explained the pavement condition report and environmental conditions were related to the 2020 capital improvement projects. He stated with recent discussion surrounding the arena he had requested City staff put together some clarification. Ms. Lorenson explained City staff had been notified that there were two lawsuits filed related to the construction and financing of the arena. She explained the redevelopment authority (RDA) still owned the property that was located in TIF district 31, which provided development incentives to the private developer, Fox Valley Pro Basketball, related to extraordinary site development costs. She stated there had been upfront public infrastructure costs that the developer had paid and the City had been reimbursing them for. She explained the City was not involved in the construction of the arena itself; that had been privately developed and financed. She stated while the RDA still owned the property, neither the RDA nor the City had been named in either lawsuit. She explained City staff was monitoring the lawsuits and had been in contact with Bayland Buildings, one of the plaintiffs, as well as the Wisconsin Herd. She stated City staff remained optimistic that the financing issue will be resolved. She explained the Menominee Nation 20 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2019 had recently expressed their continued support for the operation of the arena. She stated City staff had been in contact with the involved parties and would continue to monitor the situation. She explained a hearing was scheduled Monday that would likely appoint a receiver. Mayor Palmeri asked for an explanation of the role of a receiver. Ms. Lorenson stated it was an individual who would step in and continue to operate the arena during the course of the court action that had been filed. Council Member Poeschl asked for an explanation of what the RDA owned. Ms. Lorenson stated the RDA owned the real property, which referred to the land underneath the arena. She explained the arena and the public improvements were owned by Fox Valley Pro Basketball. She stated the City had needed to remain the owner of the property for environmental remediation to occur, and while that had been completed, City staff was still waiting for the completion certificate from the Wisconsin Department of Natural Resources. Council Member Mugerauer questioned if the City was exposed to any liability. Ms. Lorenson stated neither the RDA nor the City had been named in either of the lawsuits. She explained they were not a party to the financing, which was what the lawsuit related to. She stated related to the TIF, because it was a 'pay-go', when the developer paid their taxes, a portion of the funds would be returned to the developer to repay a portion of the extraordinary development and public infrastructure costs the developer had paid up front. Council Member Mugerauer questioned what occurred when a developer was not in compliance with the developer agreement. He stated he understood there were remedies in place for protection of the City. Ms. Lorenson stated that was correct. Mr. Rohloff indicated City Attorney Lorenson had sent a letter indicating that the developer was in default, and unless those defaults were corrected, the City would not make the 'pay-go' payment. He explained the developer had made their tax payment, however, it had been motivated by maintaining their liquor license. He stated their foreclosure issues immediately put the developer back in default. 21 PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 13, 2019 Mayor Palmeri indicated she had provided Council with notes from the Urban Alliance event in Racine that she and Mr. Rohloff had attended. MOTION: ADJOURN (Mugerauer; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:34 p.m. ANGELA J. JOECKEL DEPUTY CITY CLERK 22