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HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN FEBRUARY 14, 2017 REGULAR MEETING held Tuesday, February 14,2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison- Aasby, and Mayor Steve Cummings EXCUSED: Council Members Benjamin Stepanek and Caroline Panske ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Steve Gohde, Assistant Director of Public Works Council Member Herman read the Invocation. The Pledge of Allegiance was led by Destiny Lo from ALPS Charter School; and, Katrina Hoeppner from Perry Tipler Middle School. PUBLIC HEARING Resolution 17-48 Approve of Final Resolution for Special Assessments Paving, Sidewalk, Driveway & Utilities / First Local Street Concrete Paving Program Near East Side — Contract No. 17-04 MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Paul Schmidt, 1025 Bay Shore Drive, stated he was present at the December 131h Council meeting and believed Council intended to approve sidewalk installation from Bowen Street to Frankfort Street. He explained he believed there had been confusion regarding the recommendation from the bike and pedestrian committee. He read excerpts from the committee meeting minutes and explained the committee had only recommended sidewalk installation from 1001 Bay Shore Drive to Bowen Street;not to the east. He 1 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 stated the current sidewalk installation did not lead anywhere. He explained he had conversations with his neighbors who were not in favor of the sidewalk installation. He stated he believed the sidewalks would take away from this historic aesthetic and greenspace. He explained he had witnessed only one individual cross the street to utilize the north side sidewalk. He requested Council reconsider what he believed would be a worthless extension of the sidewalk. Council Member Herman questioned if the sidewalk installation would reach Frankfort Street. Mr. Gohde stated yes. Council Member Herman stated he believed that had been the recommendation from Council. He explained they had reached that decision to allow individuals walking on the south side sidewalk to cross safely at Frankfort Street. He stated the area had more traffic than the rest of the Bay Shore Drive. CITIZEN STATEMENTS Tim Ernst, 23 E. Melvin Avenue, stated he was present to represent the Oshkosh Renter's Coalition in support of the residential rental inspection ordinance. He explained he had hoped to address concerns with landlords at the Winnebago Apartment Association meeting the previous evening as he had been invited, however, he was subsequently asked to leave. He stated many landlords had claimed the ordinance was an assault on renters' rights. He explained a federal judge had decided the ordinance did not violate any renters' rights and there was legal literature distinguishing administrative services from a criminal investigation related to entering a dwelling. He stated the limited scope of the inspections mean individuals rights would not be violated. He explained he believed there was no coherent statement from the landlords related to renters' rights. He stated the yellow sign campaign around the City advertised that renters had rights although there was no efforts to explain what the rights were. He explained landlords promoted the fact that there were very few parking violations to support the claim that rental units were being well maintained. He stated parking violations had no impact on items such as heat, water and infestations. He explained the landlords claimed that renters already had a right to an inspection and while that may be true there was no information on the tenant's right to inspection on the websites of Midwest Realty Management, Schwab Properties or Ultimate Properties. He stated the information was 2 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 also not present in Discovery Properties' website, student handbook, frequently asked questions or their online listings aside from a disclaimer on the website and lease agreement that stated by the renter moving in the property was 'ok'. He explained both Don Lord,president of the WAA,and the organization itself did not have a website where information was available. He stated that there were assumptions from the landlords that renters were not aware of their rights and would not pursue them. He explained landlords claimed that the inspections would destroy their business and the cost would have to be passed on to the tenants. He stated no specific information had been provided detailing how the inspections would have a significant financial impact on landlords. He explained that the cost of the inspections over the five year period amounted to approximately $3.00 per month. He stated if the cost of the resulting repairs for unsafe or unsanitary conditions would bankrupt landlords perhaps their business model was flawed. He explained a local landlord, Edward Wilcox had stated if tenants did not like their conditions they were able to move. He stated tenants should not have to move and were contributing members of the community. He explained he believed the landlords' arguments were vague, scattered and unsupported. He stated he believed renters' rights did not include the burden to supply landlords with profits. He explained due to the increase in long term rentals in the Oshkosh community, specifically by millennials, it was a crucial time to establish protections for renters and correct the imbalance in power between tenant and landlord. He thanked the landlords who supported the inspection program. He explained the Oshkosh Renter's Coalition sought to promote renters' rights and did not seek antagonism between landlords and tenants. Council Member Palmeri asked for the official name of the organization to be repeated. Mr. Ernst stated it was the Oshkosh Renter's Coalition otherwise known as ORC. He explained there was advocacy and educational information available on their Facebook page. Eric Smiltneek, 1855 Hickory Lane, and Steve Eliasen, 1528 Grove Street, stated they were present to promote winter sports activities for youth in Oshkosh. Mr. Eliasen stated he and Dr. Smiltneek had been working with skating and skiing programs through area schools. He explained any student would be able to experience skating on nearby natural ice or skiing on school grounds in addition to City properties such Menominee and Red Arrow Park. He stated last year they had been able to provide a skiing experience to over 1000 students. He explained Dr. Smiltneek had founded 'Dr. Erik's Skate Club' and had experienced success in getting children out to skate on Miller's Bay. 3 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 Dr. Smiltneek thanked Chad Dallman and Tom Bauer from the parks department for their efforts in keeping the ice surface clean. He stated throughout the day on Thursdays they had been able to bring out a number of Oshkosh youth to experience skating on a natural ice surface. He explained from 11:00 a.m. until 4:00 p.m. there would be youth skating on the ice and invited members of the Council and public to experience the event. He stated as a physician he recognized the importance of revitalizing winter sports in the community as too many children spent too much time indoors looking at screens. Mr. Eliasen stated any student from any demographic was able to participate in skiing on school grounds. He explained they began with a small 18 inch hill and then encouraged students to join them at Garbage Hill on Saturdays to safely ski with appropriate gear and instructors. He stated they would then recommend Ski Club at Nordic Mountain on Sundays. He explained it was rewarding to watch kids progress through the different levels of the program. He stated he believed there was a social benefit to skiing as well;being amongst doctors and engineers and other individuals with aspirations and a global perspective. He explained he had provided posters to Council that demonstrate the potential Oshkosh had to attain the same atmosphere that Ottawa had in the winter months. He stated he hoped Council would consider possible future requests for public facilities such as a tent or a temporary bathroom to help the program succeed. He explained Oshkosh was lacking in winter sports infrastructure compared to Green Bay and Appleton. He stated it was a good time to build on the existing program. Dr. Smiltneek stated he had attended Steamboat Springs' winter carnival that was run by a winter sports club. He explained there had been thousands in attendance and he believed Oshkosh would be able to have similar events with the support of the local government. Richard Bast, 51 Cherry Park Court Apartment 11, stated he had been a renter in various locations for more than 30 years. He explained he had always been aware of the laws, his rights and resources available to him as a renter. He questioned why the City would move from having no program to 'invading his privacy' in his apartment. He stated he did not think it was appropriate that the City would be able to obtain a warrant to enter his apartment. He questioned why there had not been an information campaign for renters in the City. He recommended if people were dissatisfied with their landlords that they take them to court. He stated he had experienced tax assessors who had acted unethically and aggressively towards his mother. He explained he believed he had the 4 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 right to refuse an inspection and did not believe the City should be able to obtain a warrant. Abby Amacher, 535 Central Street, stated she was a member of the Oshkosh Renter's Coalition. She explained she had lived in Oshkosh for nearly 12 years and hoped to purchase a home in Oshkosh in the future. She stated she had rented from five different landlords and had experienced issues such as windows being painted and nailed shut in addition to non-working smoke detector and had received no response from Discovery Properties in regards to her safety concerns. She explained the dumpster across the street from her home was set on fire and although she smelled smoke her smoke alarm did not go off. She stated she had a friend who experienced medical issues related to toxic mold in a different Discovery Properties rental. She explained the heat malfunctioned on a daily basis in another rental and the response from the landlord had been to 'flip the switch' in the basement and if it did not work he would address it the following day. She stated it was not acceptable in the winter to repeatedly be without heat. She explained in her present rental there had been no working plumbing for five days due to three sewage backups in the basement. She stated it wasn't until after the fifth day that the landlord brought in a plumber. She explained she would like people to consider if they would live in an environment with similar conditions. She stated in response to the advice to taking a landlord to court that it was not a financially feasible option for her. She explained there were individuals with limited educations, lack of access to internet and limited transportation who would struggle to access information on renters' rights. She stated if an individual had items in their home that they were afraid of others seeing they had the option to remove it prior to the inspection. She explained she would support an inspector coming into her home and advising the landlord to make it safer. CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Museum Board Minutes from January 12, 2017 Receipt & Filing of Library Board Minutes from December 22, 2016 Receipt of Claim filed with City's Insurance Company A) Chloe Wandschneider for alleged damages to her property from the Street Department 5 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 Resolution 17-49 Authorize Submitting Application to Wisconsin Economic Development Corporation for Community Development Investment Grant for South Main Street Improvements by the Arena; Accept Funds Resolution 17-50 Award Bid for Public Works Contract No. 17-17 to Ptaschinski Construction, Inc. for Hemlock Court & Fraser Drive Concrete Paving ($169,180.99) Resolution 17-51 Grant Noise Variance Request to AT&T for Utility Repairs in the Jackson Street & Murdock Avenue Roundabout Between February 23, 2017& March 3, 2017 Resolution 17-52 Award Bid for Three Year Agreement for Uniform Replacement Services for Police Department to Lark Uniform Outfitters (Award bid based on 2017-2019 unit pricing) Resolution 17-53 Approve Purchase Pursuant to State of Wisconsin Cooperative Purchase for 2017 Police Vehicles for Police Department to Ewald Automotive Group ($208,328.00) Resolution 17-54 Approve Purchase of Flooring for the Oshkosh Public Museum to Creative Edge Master Shop, Inc. ($28,216.00) Resolution 17-55 Rescind Personal Property Taxes - Pluswood Group Credit Union, located at 302 State Street ($7.68) Resolution 17-56 Rescind Personal Property Taxes - Hertz Rental Car, located at 525 W 201h Avenue ($133.19) Resolution 17-57 Approve License Transfer & Combination "Class B" License, Class "B" Fermented Malt & Class "C" Wine License, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Allison-Aasby) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings 6 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-58 Amend Residential Rental Contact Registration Required Ordinance to Clarify Registration Requirements, To Delete Remedy of Withholding Occupancy; to Amend the Residential Inspection Ordinance to Delete the Requirement for 21 Days Notice Prior To Scheduled Inspections; & to Clarify When Inspections Will Be Done With Consent or Upon Obtaining a Warrant MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Richard Bast, 51 Cherry Park Court Apartment 11, questioned why the 21 day notice period was being removed. Ms. Lorenson questioned if she should address the question during Council discussion. Council Member Herman stated she should wait until it came back to Council for discussion. He explained to Mr. Bast that they would address his question at that time. Tim Ernst, 23 E. Melvin Avenue, stated that while the Oshkosh Renter's Coalition supported the ordinance and intended to comply they did have concerns with the proposed amendments. He explained items related to the schedule and rollout of the program should be clearly established and the community would need time to access the materials. He stated such materials would include educational and reference materials and additional information on the rental advisory board. He stated the group would like the City to comply with the ordinance and perform inspections in a scope that was fair and equitable to maintain the rights and privacy of citizens. Council Member Pech stated he wanted to reiterate that it was the second reading of the proposed amendments despite information being circulated that they were proposed due to recent court decisions. He asked Ms. Lorenson to respond to Mr. Bast's questions and explain the memos included in the Council packet that addressed the court decision. Ms. Lorenson stated initially Council had directed City staff to draft a rental inspection ordinance. She explained City staff had examined state statutes to make sure the ordinance that was drafted complied with state and federal law. She stated after the ordinance was passed City staff revisited the ordinance and identified areas that could 7 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 be clarified and more efficient. She explained during the recent court hearing a judge had identified items that could be clarified; these items aligned with the items City staff had already identified as areas for clarification. She stated the purpose of the amendment was to revise details of an ordinance that received an initial positive reaction from the federal court judge. She explained the court's favorable decision was based on the ordinance as it already exists; the changes further improve the present version of the ordinance. She stated the changes included clarification related to the registration process, when inspections may be conducted and who would be present, the removal of occupancy permits and the removal of the 21 day notification provision. She explained the 21 day notification had been drafted to allow people enough time to plan for the inspection date that would be predetermined by the inspections department. She stated as the ordinance progressed it was determined that tenants would be responsible to schedule the inspection after receiving a letter from the inspections department. She explained tenants would not need a 21 day notification as they would be responsible for the scheduling of the appointment. Council Member Pech asked for clarification regarding if the changes were being made in an effort to make the ordinance constitutional or comply with state statutes. He explained he believed it was taking items that were inferred and making them explicit. Ms. Lorenson stated that was correct. She explained the original ordinance was constitutional and applied with state statues just like every ordinance drafted by City staff. She explained although it was not the final decision the federal judge had given a favorable review of the original ordinance. Council Member Pech reiterated he believed the amendment addressed items that were inferred and made them explicit. Ms. Lorenson agreed. Council Member Palmeri questioned the status of the rental advisory board. Mr. Rohloff stated they had solicited for members although there had not been much response. Mayor Cummings stated they had two members join since the initial discussion took place approximately five months ago. 8 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 Council Member Palmeri questioned the number of members required. Mayor Cummings stated seven. Mr. Rohloff stated City staff was still accepting applications for the rental advisory board and that Council had originally stated they wanted a diverse group of individuals including both renters and landlords. He explained they were unable to create a commission with only two members. He stated applications were available on the City's website or through the City Manager's Office. Council Member Palmeri questioned if the application on the City website was specific to the rental advisory board. Mr. Rohloff stated it was a general application that could be used to apply to any board or commission; the applicant would need to indicate which they would like to be considered for. Council Member Pech explained in relation to education the community development department had materials associated with the program. Mr. Rohloff stated there was a wealth of information available both on the City website or accessible by contacting the community development department. Council Member Pech stated the City was doing its part to share the information. Mayor Cummings stated the City's boards and commissions were always looking for membership. He explained it was a good way to serve and be involved in the community. Council Member Pech stated due to the amount of attention the subject had received in the community that there had not been more interest from the public. Mayor Cummings stated the rental advisory board would not be able to move forward until it had full membership. He explained it had been five months and there had been little interest from the public. 9 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 Ordinance 17-59 Approve Parking Regulation on Bay Shore Drive MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Ordinance 17-60 Repeal & Recreate Chapter 2 of the City of Oshkosh Municipal Code Pertaining to Administration&Article I Division 2 of Chapter 16 of the City to Oshkosh Municipal Code Pertaining to Antidiscrimination in Housing FIRST READING; LAID OVER UNDER THE RULES Resolution 17-61 Approve Amendment to Planned Development for Lincoln Hall Parking Lot; 608 Algoma Boulevard (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Resolution 17-62 Approve Planned Development for a Multi-Family Residential Development; 173 West Ripple Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Resolution 17-63 Approve Lease Agreement with Fox Valley Pro Basketball, Inc.; 1212 South Main Street Lot 2 of CSM 7081 MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Allen Davis, Director of Community Development, stated City staff had met with the Redevelopment Authority earlier that day and they had approved the proposed lease agreement. 10 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 Council Member Pech stated he would vote in favor of the proposed lease agreement. He thanked each of the parties involved for their efforts to make the deal happen. He explained he believed it was a great opportunity for Oshkosh. He stated during the press conference the Bucks organization had made positive comments related to the investors, GO-EDC, City staff and Council. He explained they stated they made the decision to award the team to Oshkosh because it was the environment they wanted to be in when they launched the team. He stated it was a job well done and he looked forward to the future. Council Member Herman asked for an explanation of why the City utilized lease agreements for similar projects. Mr. Davis stated they utilized lease agreements to facilitate progress with the DNR. He explained in regards to the Marion Road project the City would lease the property to the proposed developers so they could begin their project. He stated the developers would adhere to the DNR approved plans and complete the building process. He explained once that was complete the DNR would 'sign off' on the project and both the owner's and the City would no longer be responsible for the pre-existing contamination. He stated in regards to the Buckstaff project, the process would protect the City and the property owner from the potential contamination that happened on the property prior to the new ownership. Council Member Herman stated he believed that was important information for the public due to falsehoods that had been circulating social media. Council Member Palmeri asked for an explanation of the two different addresses listed on the assessors' website. Mr. Davis explained there had been two lots created on the property so the City would be able to apply for two different grant applications the previous year. He stated they had been awarded just one of the grants for a total of $150,000. He explained lot 2 was where the arena would be built and lot 1 still had buildings waiting to be demolished. He stated once demolition of those buildings was complete the City would take possession of that land and lease it to the developers. Council Member Palmeri questioned if it was two separate lease agreements for two separate lots. 11 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 Mr. Davis stated at the present time that was the case although it was his expectation that prior to the sale of the property it would be combined into one lot. Mayor Cummings stated he believed there had been a change in the atmosphere of Oshkosh over the past 5 or 6 years that reflected a'can do' attitude between Council, City staff and the citizens. He explained the riverwalk, aviation industrial park and the arena project were examples of how the City continued to move forward. He stated many communities had been watching the progress the City had achieved and Oshkosh had been acting as a leader within the state. Resolution 17-64 Approve City Manager Performance Evaluation for 2016 & Amendment to Employment Agreement for 2017 Compensation MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Council Member Allison-Aasby stated Council had conducted a midyear review during the summer of 2016 for the City Manager in order to allow Mr. Rohloff opportunity to receive feedback based on the first half of 2016. She explained work on the year-end review process had taken place from October to December. She thanked her fellow Council Members for their efforts and additional work during that time period. She stated she appreciated how Council Member Herman had been willing to take on additional tasks that she had delegated in the previous months. She explained Council's statement to the public was that City Manager Mark Rohloff continued to show high energy, to multitask and to remain balanced with a focus on both details and larger policy issues. She stated through challenging economic times he had demonstrated the ability to continue to move forward with the strategic priorities and the vision of the City while keeping services to the citizens intact. She explained the Council would continue to encourage his visible and active involvement in a wide spectrum of community activities. She stated the Council had seen Mr. Rohloff become much more visible in the community while attending many community events and was well respected in the community and the state. She stated the Council would like the City Manager to provide Council with his weekly newsletter and continue to improve an easy understanding of the budget process that would encourage options if there were budget concerns that deeply impacted the budget. She explained the Council understood 2016 had continued significant challenges to the budget due in part to continued funding cuts and levy restraints imposed on the City from the state budget yet with diligent work by Mr. 12 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 Rohloff, Finance Director Larson and staff the City was able to approve a balanced budget, continued street and storm sewer improvements and move the City of Oshkosh forward. She stated the Council understood although there may be difficult times ahead they were confident in the City Manager's ability to continue to deal with the issues in a professional manner for the betterment of the City and its citizens. She explained moving forward for 2017 the goals for Mr. Rohloff that had been established included working with Council and City staff to evaluate the different boards and commissions to determine the effectiveness of the groups and what groups Council Members should participate in. She stated the second goal was for Mr. Rohloff to work with the IT department to focus on a fully responsive website for the City and the citizens of Oshkosh. She explained the third goal was to work with Council to revamp and revise the citizen's survey to have a better representation of the community. She stated the final goal was for Council to work with the City Manager to evaluate all City owned facilities to determine if the facilities meet the needs of the strategic plan and overall comprehensive plan of the City. She thanked Mr. Rohloff for his work in 2016. Mr. Rohloff thanked Council and stated he looked forward to the future. Mayor Cummings thanked Council Member Allison-Aasby for her hard work. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated there would be a future agenda item of a discussion on Council's recommendations to the Department of Transportation for the Jackson/Oregon Street Bridge. Mr. Rohloff stated the topic was being discussed in several boards and commissions including the Redevelopment Authority and Traffic Advisory and once the information regarding their recommendations was compiled it would be provided to Council prior to appearing on the next Council agenda on February 281H CITIZEN STATEMENTS TO COUNCIL Patricia Diener, 1316 Broad Street, stated she was excited for the Buck's D-League team. She explained she had conversations with individuals from Milwaukee who indicated 13 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 other events may occur at the arena such as ice capades or concerts. She stated her employer was participating in the upcoming Polar Plunge and encouraged the public to attend. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings the Fire Department Food and Toy Drive had taken place in December and despite two cancellation nights due to weather, still surpassed the collection in 2015. He explained they collected 4,989 pounds of food,2,873 toys and$1,661 in cash donations. He encouraged everyone to participate and donate next December. Council Member Pech stated the annual Guns 'n' Hoses Charity Hockey Game would occur Saturday, March 41h at 3:00 p.m. at the Oshkosh Community YMCA. He explained the game was between firefighters and police officers and would raise funds for charity. He stated he would referee the game and presented an image of the new jerseys for the players. He explained there would be raffles and pucks with a logo that would be distributed during warmups. He stated the cost was $5 per adults and children were free. He encouraged the public to come support their local firefighters and police officers in giving back to the community. Council Member Palmeri stated there was early voting at City Hall in the Clerk's Office through Friday, February 171h Ms. Ubrig stated the hours of early voting were 8 a.m.until 4:30 p.m. and Friday the office would remain open until 5:00 p.m. CITY MANAGER ANNO UNCEMENT AND STATEMENTS Mr. Rohloff stated the League of Wisconsin Municipalities Lobbying Day was Wednesday, February 15th. He explained he would be attending with Mayor Cummings, Council Member Herman and Council Member Allison-Aasby may attend. He stated there would be a briefing in Madison explaining the major state aid programs were frozen. He explained that meant 1/61h of the City's budget was frozen which would impact City taxpayers. He stated other concerns included the shared revenue program and payment for municipal services. He explained there would be minor changes to levy 14 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 limits and transportation aids were unknown. He stated the briefing would provide more detailed information and an insight into the likelihood of changes. He explained they would visit with state representatives after the briefing and a topic of discussion would be the rental inspection program. Council Member Pech requested those attending to address the dark stores issue which he explained had resulted in a substantial tax increase to residential tax payers in the City. He explained big box stores argued that big box stores that were open had the same value as a big box store that was closed. He stated this caused their tax burden to be decreased and shifted to the residential property owners. He explained it was an important topic that was affecting multiple municipalities in the state. Mayor Cummings stated small businesses were also impacted. Council Member Herman stated there was a recent article published in the Northwestern that discussed the dark store topic. Mr. Rohloff stated the League of Municipalities hoped to reverse the Walgreens decision. He explained the tax shift from commercial to residential was a significant concern. Mayor Cummings stated the big box stores were essentially forcing their customers to pay their taxes. He explained it would cause residential and small business property taxes to increase. He stated a small business did not have the legal resources that a large corporation such as Walgreens had to fight the issue. Mr. Rohloff explained there was an aggressive schedule in place to complete the Buckstaff demolition. He stated City staff had been diligently working on the project. He explained equipment had been rented to remove debris and the concrete footprint of the former building. He stated work was in progress to complete formal transfer of the property. He explained Ms. Lorenson had been working with the SSA who had a lien on the property. He stated Council's approval of the lease agreement would allow him to sign it and move forward. He explained one the property was transferred the schedule would include the TIF process and development agreement. He stated Council had approved the application for the grant to offset costs. He explained the Fox Valley Professional Basketball would front the cost of the public improvements which amounted to approximately 3.2 million dollars and be refunded through the proposed TIF. He stated there would be a future closed session to discuss the details with Council. 15 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 14, 2017 Council Member Palmeri questioned when the closed session would be scheduled. Mr. Rohloff stated it was dependent on the results of the items Ms.Lorenson was working on. He explained it may be as early as the following week or as late as the next Council meeting. Council Member Palmeri questioned where members of the public would be able to find specific renderings of the project. Allen Davis, Director of Community Development, stated there were drawings available on the planning commission's portion of the website. He explained drawings of the proposed Sawdust District were also located on the website. Mr. Rohloff explained the files were large and took time to download. MOTION: ADJOURN (Pech; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 7:20 p.m. PAMELA R. UBRIG CITY CLERK 16