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HomeMy WebLinkAbout03. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JANUARY 22, 2019 REGULAR MEETING held Tuesday, January 22, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Deb Allison-Aasby, Lori Palmeri, Matt Mugerauer, Jake Krause, Steve Herman and Mayor Steve Cummings EXCUSED: Council Member Tom Pech, Jr. ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Dave Praska, Deputy City Attorney; and Allen Davis, Director of Community Development Council Member Palmeri read the Invocation. The Pledge of Allegiance was led by Breece Hyler from Smith Elementary School; and, Genna Williams from Franklin Elementary School. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Sills by the Finance Director Approval of Cash Report from November 2018 Receipt of Claims filed with the City's Insurance Company: A) Dale Barton for alleged damages to vehicle from bus B) Matthew Herbst for alleged property damages to basement from water meter leak C) Patrick Sullivan for alleged damages to vehicle from snow plow D) William Fowler for alleged damages to vehicle from a police squad car PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Resolution 19-34 Approve Amended Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay), Water Main & Laterals (New & Relay) & Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 19- 05 /Oregon Street (West 16th Avenue to West 21st Avenue) Resolution 19-35 Rescind Personal Property Taxes — Dohrn Transfer Company LLC ($279.64), Under Armour Retail of WI LLC ($11,670.69), Farzin Almozaffer — Little Flowers ($37.12), Prizmpro Photography LLC ($165.80), Crawford & Company Financial Reporting ($2.48), Vertical Bridge Holdings LLC ($762.21) & Florida's Natural Food Service Inc $(222.72) Resolution 19-36 Approve Specific Implementation Plan Amendment for Development of a Bank at 1159 North Koeller Street (Plan Commission Recommends Approval) Resolution 19-37 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 434 Boyd Street ($43,900) (RDA Recommends Approval) Resolution 19-38 Approve Determination of Necessity to Acquire Property at 112 West 9th Avenue; Authorize Redevelopment Authority to Acquire 112 West 9th Avenue ($50,000) (RDA Recommends Approval) Resolution 19-39 Approve Authorizing Submittal of Environmental Protection Agency Brownfields Assessment Grant for Petroleum & Hazardous Substance Grant to be used in Designated Redevelopment Areas & Scattered Sites Throughout the Community Resolution 19-40 Approve Purchase for seven 2019 Police Vehicles to Ewald Automotive Group for Police Department ($189,784.00) Resolution 19-41 Approve 2019 Budget Amendment for Fire/Safety Fund for $28,292.00 for purchase of portable radios for the Hazardous Materials Team Resolution 19-42 Approve 2019 CIP Amendment for Parks Department for Purchase of WebTrac $12,500.00 2 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Resolution 19-43 Approve Amendment to Engineering Services Agreement with AECOM Technical Services, Inc. for Environmental & Engineering Services Related to the Former Kienast & Paulus Quarries ($52,240.00) Resolution 19-44 Approve Amendment to Engineering Services Agreement for Construction-Related Services for Contract No. 17-07 South Park Lagoon Retrofit/AECOM Technical Services, Inc. ($13,500.00) Resolution 19-45 Approve Lease with YMCA/Red Arrow Park Concessions Operations Resolution 19-46 Approve Fees for Children's Amusement Rides, Water Equipment Rentals & Tennis/Pickle Sall Courts Council Member Mugerauer asked for an explanation of the decision to charge for tennis/pickle ball court rentals. Ray Maurer, Parks Director, explained the City had upgraded the tennis courts and installed new pickle ball courts at Menominee Park which resulted in an increase in requests for reservations from organizations and businesses. He stated it had been discussed with the parks board, who requested City staff research how other communities handled such requests. He explained after a survey was conducted, City staff recommended implementing a fee to reserve the courts per hour for specific use. He stated if members of the public wished to utilize the courts for play while visiting the park there was no charge. He explained the fee was for groups that wished to organize a tournament or league play. Council Member Palmeri questioned if the fee only applied to groups looking to reserve the courts. Mr. Maurer stated that was correct. Council Member Palmeri questioned if City staff would use discretion if a group requested repeat use of a court, for example, reserving a court every Saturday morning. Mr. Maurer explained because the City only had four pickle ball courts, only two would be rented at a time to leave two available for open play. 3 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Council Member Palmeri questioned how it would be resolved if a group was playing on a court and someone else approached looking to utilize it. Mr. Maurer explained it would be similar to a shelter rental;there would be a receipt with rental rules and a kiosk would be present showing that week's rental schedule. He stated the City had a long standing arrangement with the school district's recreation department and the parks board had decided to maintain the arrangement and not charge the school district fees for court rentals. Resolution 19-47 Approve Special Event — UW Oshkosh LGBTQ Resource Center to utilize City streets for the 101h Annual LGBTQ Ally March on April 17, 2019 Resolution 19-48 Approve Special Event — National Alliance on Mental Health (NAMI) to utilize City streets for the Oshkosh 5K for Mental Health & Suicide Awareness event held at the Oshkosh North High School /May 4, 2019 Resolution 19-49 Approve Special Event — Sago Walleye Club to utilize Menominee Park boat launch parking lot & gazebo area for the Sago Walleye Club Invitationals /May 5, June 30, July 14, & August 4, 2019 Resolution 19-50 Approve Special Event—Upper Midwest Power Boat Association to utilize Menominee Park Millers Bay & boat launch parking lot for the Menominee Park Drag Boat Races /June 1, 2019 Resolution 19-51 Approve Special Event—Father Carr's Place 2B to utilize City streets for the Father Carr's Bridge Walk/June 1, 2019 Resolution 19-52 Approve Special Event — Central Wisconsin Auto Collectors to utilize South Park for the Central Wisconsin Auto Collectors Benefit & Car Show/June 30, 2019 Resolution 19-53 Approve Special Event — Alzheimer's Association of Greater Wisconsin to utilize City sidewalks for the Walk to End Alzheimer's event/ September 21, 2019 Resolution 19-54 Disallowance of Claim by Bruce Eid Resolution 19-55 Disallowance of Claim by Stefanie Peterson 4 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Resolution 19-56 Approve Agent Change for Combination "Class A" License, Class "B" Fermented Malt License, Special Class "B" License, Operator Licenses, Taxi-Cab Driver License & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-57 Modify Parking Regulations on South Park Avenue, Court Street & North Main Street MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Ordinance 19-58 Approve Parking Regulation Updates on Otter & Washington Avenue MOTION: ADOPT (Mugerauer; second, Palmeri) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Ordinance 19-59 Approve Official Mapping for Widening of North Koeller Street Right of Way North of Oshkosh Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Ordinance 19-60 Approve Zone change from Single Family 9 District (SR-9) & Institutional District (I) to Institutional District with Planned Development Overly (I-PD) at 575 Monroe Street, 581 Monroe Street & 532 Broad Street (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings 5 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Council Member Palmeri asked for an explanation of the request for additional fencing. Darryn Burich, Planning Services Manager, stated the board of appeals had approved the use of front yard chain link fence at the property a number of years ago, and the property owner wished to remain consistent by carrying the same type of fencing from the existing property to the expansion. He explained City staff would require some type of landscaping between the southern property and the southern fence boundary. Council Member Palmeri stated it was exciting the owners were adding additional play space and a garden. She explained some of the neighbors had expressed concern about the aesthetics and safety of the chain link fence. She questioned if the City enforced compliance with rules regarding the size of the chain link on the fence and other safety features. Ray Maurer, Parks Director, stated yes, there were regulations in place for the safety of playground equipment. Council Member Palmeri questioned if it applied to the Boys and Girls Club as they were quasi-private. Mr. Burich stated they were private. Mr. Maurer indicated he was not certain. Council Member Palmeri explained someone had brought up safety concerns and compliance with American Society for Testing and Materials (ASTM) safety standards. Mr. Burich stated the fence that was proposed was a standard chain link fence, the type that was utilized in many locations including schoolyards. He explained in the future, when it was time for the Boys and Girls Club to replace worn fencing, it was possible a different type of fencing would be proposed. Council Member Palmeri explained it may be an opportunity for the neighborhood to get creative and work together with the club on the garden. 6 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Ordinance 19-61 Amend Division 6 Residential Rental Contact Registration & Inspection Program of Chapter 16 Housing Code (Rental Housing Advisory Board Recommends Approval) MOTION: ADOPT (Palmeri; second, Krause) MOTION: AMEND TO ADD TO 16-49(C)(I) OR ADULT DESIGNEE PRESENT AT TIME OF INSPECTION (Herman; second, Palmeri) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings VOTE ON AMENDED ORDINANCE CARRIED: Ayes (5) Allison-Aasby, Palmeri, Krause, Herman, Mayor Cummings Noes (1) Mugerauer Council Member Herman questioned under section 16-49, residential rental inspection, item 'C', why the requirement for an adult tenant to be present at the time of inspection had been removed. Darryn Burich, Planning Services Manager, stated he had not assisted in that change and was not certain. Mr. Praska explained he believed it had been removed as a practical matter, in the event the tenant agreed to the inspection, however, could not attend and appointed another individual to be present. He stated City staff would not enter a rental unit without an authorized adult present. Council Member Herman stated he believed the requirement was too vague and should include verbiage to reflect if the tenant was not available, an adult designated by the tenant could be present instead. Mr. Rohloff suggested adding 'with the adult tenant or designee present at the time of inspection'. Council Member Herman stated while he agreed with the rest of the ordinance, he believed that portion needed to be less vague. Mr. Praska explained the City Attorney's office would be concerned with City staff entering a rental without an adult present. 7 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Council Member Herman stated he believed the ordinance should show the intent,which would include the adult tenant or designee being present. Mr. Rohloff explained the ordinance included language related to the procedures for a vacant dwelling. Council Member Herman questioned if vacant meant unoccupied or that the tenant was not home. Mr. Rohloff stated it referred to a vacant dwelling unit,which already required a designee to be present, and suggested the same language be incorporated into the paragraph regarding occupied units. Council Member Herman explained he believed it would take the burden off of the City inspectors and eliminate confusion. Council Member Allison-Aasby stated she agreed the language should be clarified to eliminate room for misinterpretation. Mayor Cummings explained he agreed that there should be an individual present during the inspection. Council Member Palmeri stated as the Council liaison for the rental housing advisory board she could confidently state that the inspections division had indicated they would not enter a residence without a tenant or designee present. She explained she agreed the language could be clarified. Council Member Mugerauer thanked the rental housing advisory board for their work. He stated there were four districts created based on City crime and nuisance violation data. He explained he believed the rentals that needed inspections and improvements should fall within those districts. He stated he believed that the program would not do enough to improve the health, safety and wellness of the rental community. He explained previously there had been an approximate five to six percent success rate as the City only gained access to approximately five to six percent of the homes that had received notice. He stated he did not believe that was an effective use of the $25,000 dollars that had been budgeted for the program, and there may be additional costs. He explained he believed if the goal was to improve the health, safety and wellness of the community that all homes, not just rental properties, should be inspected, which would not be well received in the community or feasible in the budget. He stated he wanted to clarify that this 8 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 program would not include any exterior inspections as the rental housing advisory board felt under State code, if a property passed an exterior inspection, they would not be able to be inspected for another five years. He explained properties that had visible exterior repairs needed would not be addressed. Mayor Cummings stated the reason the initial attempt did not achieve a positive success rate was due to landlords sending intimidating and threatening letters to their tenants, telling them that they would be responsible for the inspection, repairs and could face lease termination. He explained there was a tremendous amount of opposition from the rental community and he believed it was immoral to threaten tenants with such letters. Council Member Palmeri stated the exterior inspections would not be completed as part of the rental inspection program, however, that would not exempt or preclude the exterior inspection when a complaint was filed. Council Member Allison-Aasby explained she believed if there were concerns about the ordinance itself, it should be put on a future agenda, as opposed to discussing the concerns while voting on a specific amendment. She stated if there were suggestions on how to improve the overall program it should be discussed at a future meeting. Council Member Mugerauer explained Council was voting on the approval of the new inspections program. Council Member Allison-Aasby stated it sounded as though Council Member Mugerauer was looking for something beyond what would be created by the ordinance. Council Member Mugerauer explained he believed there should be a different or better inspections program in place. Council Member Allison-Aasby stated that was what she understood him to be saying. Ordinance 19-62 Amend Section 30-74 Table of Land Uses & 30-78 Commercial Land Uses of Chapter 30 Zoning Ordinance to Establish Short Term Rentals (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Council Member Herman asked for an explanation of where the idea came from and what 9 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 direction it was headed. He questioned if it would have an impact to the individuals who rented their homes during EAA. He stated he did not wish to create complications for members of the community, however, he did understand that the Vacation Rentals By Owner (VRBO) and bed and breakfast facilities paid room tax. He explained he understood the 'playing field' needed to be leveled and asked for an overview of why the ordinance was needed. Darryn Burich, Planning Services Manager, explained the ordinance that was on the floor was in regards to zoning. Council Member Herman stated he understood. Mr. Burich explained the current zoning only permitted vacation rentals in five districts, and when the right to rent State law passed, it took away local control on local zoning in relation to short term rentals. He stated the ordinance clarified that short term rentals (anything less than 29 days) were now permissible in any zoning district in compliance with State law. Council Member Palmeri stated she understood there had been public confusion about the 10 day component. She explained it was not targeting any particular event, it was a cap. Mr. Burich stated that was correct; the Department of Agriculture, Trade and Consumer Protection (DATCP) tourist rooming house license was required for anything beyond 10 days, which was why City staff selected that time period to remain consistent with the State license. Ordinance 19-63 Create Section 8-1.2 Short Term Rentals of the Municipal Code MOTION: ADOPT (Palmeri; second, Allison-Aasby) MOTION: LAYOVER UNTIL FEBRUARY 12, 2019 COUNCIL MEETING (Allison-Aasby; second, Krause) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Darryn Burich, Planning Services Manager, explained this was the ordinance that created the requirement of a license after 10 days and the details related to the license. He stated a number of the details had been mirrored from the State rooming house ordinance. 10 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Mr. Rohloff stated the ordinance contained the regulatory side of the licensing. Council Member Herman explained Council had received a letter from EAA just prior to the Council meeting. He stated it appeared EAA was unhappy with the proposed ordinance, and he believed a majority of those in the community that rented their homes did so during AirVenture. He explained he believed there may be value in changing the ordinance from 10 days to 16 days to accommodate the vendors. He stated he understood the Convention and Visitors Bureau had not weighed in on the topic. Mr. Burich explained the state license was required after 10 days regardless of the City ordinance. He stated details such as the inspection from the health department would be handled at the State level; the City's intention was to receive information on the home such as number of rooms and contact information in the event that there was a problem. Council Member Herman questioned if the City ordinance could supersede State statute. Mr. Praska stated that was correct. Council Member Herman questioned if the City ordinance could not supersede the 10 days established by State statute. Mr. Praska stated the City's regulatory aspect did not have to be 10 days. He explained changing the amount of days would not violate the State tourist rooming house license. Mr. Rohloff stated if the City chose a different timeframe other than 10 days, it may create confusion. He explained he did not believe the 10 day cap would impact the attendees or EAA, however, the vendors may be impacted. Council Member Mugerauer stated as he understood, anything longer than 10 days would require the State rooming house license. He explained he believed beginning on the first day, the renter needed to remit room tax. He stated he felt this was the primary concern for those renting. Mr. Rohloff explained he agreed that it was a concern which was why he had recommended that Council layover Ordinance 19-64 to consider options. He stated the room tax requirement on day one already existed and was not contingent on Council taking action on the room tax ordinance. He explained the City Attorney had provided a memo reviewing several options. 11 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Council Member Mugerauer questioned if it was appropriate to layover Ordinance 19-63 in addition to 19-64 as they were linked. Council Member Allison-Aasby stated she agreed with what Council Member Mugerauer was saying in regards to laying over both ordinances, unless the City had no choice due to State law. Mr. Rohloff explained that the new rules that the State adopted stated short term rentals were anything less than 29 days. Mr. Burich stated it was defined as anything more than 6 and less than 29 days. Mr. Rohloff explained City staff believed the ordinance was necessary; there were a number of short term rentals that did not meet safety standards. He stated the question was what the City should set as the number of days. Council Member Allison-Aasby questioned if there was a difference between an individual who had a limited liability company or a corporation for their rental properties versus an individual who had an owner-occupied residence who rented it out for 15 days out of the year. She stated they should declare the income, however, was not certain it was the City's role to police that. She questioned if it was required to pass the ordinance or if it was something they could research further to gain a better understanding of what the State was saying, what the City's right was as a municipality and how to proceed from there. Council Member Herman stated he agreed. He questioned the implications to those who did not vacate their homes and simply rented a bedroom. Mr. Burich explained that was a different set of circumstances if the owner remained in the residence. Council Member Herman stated he did not believe that was clearly explained. He questioned if owner occupied rentals followed different rules. Mr. Burich explained owner occupied rentals did not fall under these guidelines. Council Member Herman stated he wanted to clarify that point as he believed there were a number of individuals who rented as owner occupied and many who vacated during the rental. 12 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Mr. Rohloff agreed. He explained there had been new developments with short term rentals and their role in the travel culture while Oshkosh had been using those types of rentals for years due to the uniqueness of EAA. He stated City staff was certain there would be confusion if the City selected a number of days different from the State. He explained the City was not required to select 10 days, however, from a practical standpoint it would make it easier on renters. Mayor Cummings stated many people in the surrounding townships rented their homes and those traveling from all over the country did not necessarily know the difference between the municipalities. He questioned what the townships were doing so as to not further confuse visitors. Mr. Rohloff explained he suspected that the townships would not create any kind of program, unless there was a township that had enough staff to enforce it. Mayor Cummings questioned if that would further confuse a visitor. Mr. Rohloff stated that would always be a challenge. Council Member Allison-Aasby questioned if from an economic standpoint, by enacting the ordinance, the City would drive business to the surrounding municipalities. Mr. Rohloff stated he did not believe so as the demand for the housing was so high, the responsibility would fall on the individuals renting out their homes, not the visitors. He explained he had a discussion with the Convention and Visitors Bureau and they recognized they would need to make an effort to share the information. He referenced an article that had a nationwide study and stated there was a safety concern in some of the short term rentals; a number did not have smoke and carbon monoxide detectors, fire extinguishers and first aid kits. Mr. Burich explained the study was related to fire safety items and there were other potential safety concerns. Council Member Krause questioned if there was the possibility of adding blackout dates in which the ordinance would not apply. He stated he had talked to a number of people who rented their homes, and they had repeat customers who came year after year, and the caliber of the homes was typically high. Mr. Rohloff stated he was not certain and would need to research that question. 13 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Mr. Praska cautioned that blackout dates could give the appearance that the City favored one event over another. Council Member Krause questioned why Council could not do that. Mr. Praska stated he recommended to keep in mind why they would favor certain groups over others. Mr. Rohloff explained he believed the ordinance should be adopted as soon as possible, however, he was intrigued by the blackout date suggestion. Ordinance 19-64 Amend Room Tax Ordinance (Staff Recommends Layover) MOTION: LAYOVER UNTIL FEBRUARY 12, 2019 COUNCIL MEETING (Herman; second, Palmeri) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Ordinance 19-65 Authorize the Director of Finance to Issue Citations MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Ordinance 19-66 Amend Chapter 30 Zoning Ordinance to Create Flood Storage within Section 30-156 of the Floodplain Overlay District (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Ordinance 19-67 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with Planned Development Overlay (SMU-PD) at 2020 South Koeller Street (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES 14 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Ordinance 19-68 Approve Amendments to Chapter 19 Parks & Recreation of the City of Oshkosh Municipal Code FIRST READING; LAID OVER UNDER THE RULES Resolution 19-69 Approve Specific Implementation Plan for an Increased Playground & Community Garden at 575 Monroe Street, 581 Monroe Street & 532 Broad Street - Boys & Girls Club of Oshkosh (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Resolution 19-70 Approve City Manager 2019 Goals MOTION: ADOPT (Allison-Aasby; second, Palmeri) CARRIED: Ayes (6) Allison-Aasby, Palmeri, Mugerauer, Krause, Herman, Mayor Cummings Council Member Palmeri explained the second part of the City Manager's evaluation process was complete and Council found that the City Manager continued to work in the best interest of the City and its citizens and remained focused on details in the strategic plan for the City. She stated 2018 had seen significant projects including the transload facility, Menominee Arena and Oshkosh Corporation in addition to Oshkosh Avenue redevelopment and other development opportunities. She explained moving these projects forward while still maintaining basic services and implementing strategic priorities, the City Manager continued to serve the City and Council with a high level of professional administration. She stated the City Manager along with City staff leadership had made notable improvements, such that leaders from across the state were seeking guidance from Oshkosh on similar issues of concern. She explained Council recognized the need to keep lines of communication open with the City Manager. She stated a few notable accomplishments include the recently passed budget, the release of the new City website, significant street, sewer and storm water structure improvements completed with exceptional customer service coming from multiple departments, and an award winning GIS project. She explained the Council's confidence in the City Manager's abilities along with a recent market study of peer community administration led Council to approve a pay raise for the City Manager in 2019, increasing the salary to the amount of $154,000 dollars. She stated Council would continue to work with the City Manager on 2019 goals which included updating the debt management plan and recommend to 15 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Council a new long-term general obligation debt goal with a progress report to Council by July 1, 2019 and a formal plan for Council consideration prior to submitting the 2020 CIP and budget. She explained the second goal was to update the City's emergency preparedness plan and conduct training for all department heads and other appropriate personnel as it related to the activation of the emergency operations center by September 30, 2019. She stated the third goal was to develop a policy for acquiring real estate, including blighted properties, in which City and Redevelopment Authority owned properties may eventually be returned back to private ownership for development, redevelopment or affordable housing by June 1, 2019. She explained the final goal was to establish ongoing collaboration with the Unity in Community organizers in their annual celebration,involving City departments as needed to ensure for a successful event and continue to collaborate with the Oshkosh Community Success Coalition by advancing community goals for diversity and inclusion. Mayor Cummings stated the goal related to real estate included acquiring single or multiple properties within a neighborhood. Council Member Mugerauer thanked Council Member Palmeri for organizing the process. He explained this year's goals had deadlines and more specific guidelines than in the past and thanked Mr. Rohloff for his efforts. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings explained there was a joint meeting with the Oshkosh Area School Board (OASB) scheduled for January 301h at 5:00 p.m. at their office located at 215 S. Eagle Street. He stated a meeting with legislators had been proposed for February 251h at 8:00 a.m. with a location yet to be determined. Council Member Mugerauer questioned if there was an agenda for the OASB meeting aside from discussing transportation for school children. Mr. Rohloff explained poverty was on the agenda, however, after a discussion with the superintendent he did not believe the school board was prepared to discuss the busing concern. He stated he had the opportunity to travel with the superintendent to Dubuque, Iowa, and discussed opportunities within the City for diversity and inclusion. Council Member Palmeri questioned if it would be appropriate to discuss the trip to Dubuque at the joint meeting. Mr. Rohloff stated yes. 16 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Mayor Cummings explained it had been suggested to reschedule the City Hall and Parks Facility Workshop for January 291H Mr. Rohloff stated he would prefer to schedule it for a date when as many Council Members could attend as possible and would contact Boldt and FGM regarding the date. He explained the meeting with legislators would likely include a tour of a City facility. He stated the long range finance committee had received direction from Council to review the City's street and sidewalk special assessments policy and consider alternative options. He explained he believed there was consensus amongst the committee members that amendments to the policy would be appropriate and options for a funding source had been discussed. He stated they had considered the option that Neenah was enacting, which was different from a vehicle registration fee/wheel tax as it was based on impervious surface with a cap, and the committee believed that option would apply more equitably across all different land uses. He explained the option would raise sufficient funds to cover special assessments for street reconstructions and sidewalk improvements. He stated this would not apply to utility special assessments, however, it would result in a significant reduction in charges to large properties and approximately half of the charge to smaller properties. He explained there were nuances to be worked out related to how the maximum was applied as attributing it to a parcel did not always make sense as there were often multiple parcels within a development. He stated Neenah had not worked out these details yet even though their Council had approved the plan. He explained he preferred to have such details determined prior to presenting the option to Council. Council Member Mugerauer thanked City staff for their work on the topic. He explained the committee had decided to move forward with proposing a fee that would be added to the water bills which would replace special assessments for street and sidewalk. He stated such a program would reduce City staff time and cost. He explained it was an equitable solution as everyone would contribute to the cost of the benefit. He stated from a finance perspective, the ability to pay cash for the construction projects was a benefit. He explained reducing the amount of borrowing each year would save the City significant money. Mayor Cummings stated he had met with Trena Larson, Finance Director, and reviewed a spreadsheet for the Bayshore Drive reconstruction project. He explained he wanted citizens to understand they would still be responsible for the cost of the laterals and utility costs. He stated on one side of the street, the property owners would be responsible for approximately 25 percent of the total cost, and on the other side of the street there was a slight reduction. He explained he believed there was a misconception in the community 17 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 that the fee would completely eliminate the cost, and that was not true. He stated he wanted to emphasize that there would still be a remaining cost to the property owners. Council Member Allison-Aasby questioned if the fee would cover the entire sidewalk cost and impervious surfacing. Mr. Rohloff explained the bill would be based on impervious surface and there would be a flat rate of approximately$4.00 per month. Council Member Allison-Aasby questioned if that fee would cover the entire cost for sidewalks. Mr. Rohloff stated the fee would cover the entire cost for sidewalks. Council Member Mugerauer explained the fee would cover the cost for sidewalks and aprons. Council Member Allison-Aasby questioned if it was the underground work that would result in additional cost to the property owner. Council Member Mugerauer stated that was correct and included water lines and sewer laterals. Council Member Allison-Aasby explained during interactions with the public she received numerous questions on how the fee would function and what it would cover. She stated she believed Council and City staff needed to exercise caution as the wording may be taken as street and sidewalk special assessments were completely being replaced. She explained she appreciated the work that the long range finance committee and City staff had done as it was a topic that frequently came up. She stated if it was something Council decided to move forward with, they would need to clearly communicate with the public and work with various community partners such as the Independent and the Herald to make sure the public was not misled. Council Member Palmeri stated she agreed that it would need to be clearly communicated. She thanked the City of Neenah for coming up with a creative alternative that Oshkosh was able to utilize to create their own program. She questioned if there would be any kind of amnesty or proration given to those who had recently received special assessments. 18 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Mr. Rohloff explained that had been discussed by the long range finance committee and they had decided it was a topic that should be reviewed. He stated Neenah had a modest approach; the fee could be waived for five years depending on how recently the special assessment had been completed. He explained using that method such property owners would only save approximately$250. He stated it was meant to be a good faith effort. Council Member Mugerauer explained he believed the committee had decided that determination needed to be made by Council. He stated that while every dollar was important, the comparison of the fee waiver for those who had recent assessments completed and what they actually paid was significant, and it was worthwhile to pursue such an option. He explained the committee felt the need to educate the public. He stated an additional benefit to the program would be local control; a vehicle registration or wheel tax would be administered by the State and how it would be instituted and what the City was able to do with the funds was cut and dry. He explained with this program the City would control all of the funds and decide how they would be utilized. Council Member Herman stated he understood the vehicle registration fee or wheel tax would be controlled by State statute. He questioned if there was any oversight on this program aside from the City. Mr. Rohloff stated at this point he believed it was viewed under 'home rule'. He explained this did not mean that at some point State legislature could prohibit such a program at some point in the future, however, there was no way to predict that. He stated that was the danger in changing special assessment policy as citizens would be upset if the policy was suspended for a year and then returned. Council Member Herman explained he believed Council needed to be specific in regards to what the funds would be used for. He cautioned against using the funds from the program to pay for shortfalls in other areas. He stated he believed if it was not made clear in the ordinance it may create the public perception that it was a 'money grab' by the City. Mayor Cummings explained he believed once Madison realized municipalities had a way of funding without sharing proceeds with the State there may be legislative changes that impact the program. Mr. Rohloff stated he believed it would be a perfect topic to discuss with local legislators during the meeting on February 25th. He explained having the program suddenly disrupted would be devastating and he believed Neenah would feel the same. He stated 19 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 he believed the legislators would be sympathetic as they were aware special assessments were a concern. Mayor Cummings explained he was concerned as more communities moved in this direction that the State would intervene. Council Member Palmeri questioned if there would be any impact on expenditure restraint with this method. Trena Larson, Finance Director, stated she did not believe it would be a concern related to expenditure restraint, however, she believed the route the State could pursue would be levy limits. Mr. Rohloff explained that meant that in some cases when a fee was created it was required that the levy limit be lowered by that dollar amount. He stated in that instance, the City would create a separate fund. He explained in part to make sure the fund stayed in a'lock box'for a particular purpose and to ensure it did not create expenditure restraint or levy limit concerns. He stated City staff would work on drafting resolutions and ordinances in addition to policy options. He explained they would proceed with special assessment hearings as the utility assessments were still applicable, and information regarding potential changes would be shared. Mayor Cummings stated he believed a plan needed to be created on how to communicate to the citizens that they would still be responsible for utility special assessments. Council Member Herman explained he believed it was sufficient to communicate that the sidewalk and paving would be paid for with a fee and the sewer laterals, water lateral and sanitary sewer would still result in an assessment. Mayor Cummings stated he believed when people read 'street' they would assume the whole street. Council Member Palmeri encouraged visuals. Council Member Herman stated he believed showing the paid versus unpaid portions on the visuals that were included which showed the different components of the street would be sufficient. Mr. Rohloff explained he agreed City staff would need to thoroughly educuate. 20 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 Council Member Palmeri requested the policy options be presented in a policy analysis format. Mr. Rohloff agreed. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Eric Shea, Firefighter Paramedic, explained he was one of the co-chairs for the annual Oshkosh Fire Department food and toy drive. He stated 2018 had been a record year in food and cash donations. He explained it was the 201h year of the drive in which off duty firefighters walked door to door and collected toys,food and cash for the Salvation Army. He stated the Salvation Army then distributed the goods through their distribution center or the Adopt a Family program. He presented the totals collected in 2018 and grand totals since 2010. He thanked the citizens of Oshkosh for their work and generosity. He thanked the Salvation Army, the Oshkosh Fire and Police Equipment (175 Indian Point Road) and the Oshkosh North Communities program for their work behind the scenes that helped the drive succeed. He promoted the Facebook and Twitter pages that showed the various routes of the drive and provided other information. Mayor Cummings stated they did a great job. Mr. Shea explained he appreciated Council's participation and the opportunity for public outreach. Council Member Palmeri stated it was a pleasure to participate. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff explained there had been a cooperative purchase of portable radios for the fire department. He stated Council and the City Clerk's office had been working on a policy for unused liquor licenses by strengthening the language to give Council the authority to grant extensions and other decisions. He explained the City Clerk would have the ability to hold licenses until all conditions were met. He stated the renewal packets would be mailed out around March 151h and City staff preferred Council to adopt the new policy by March 1St. He explained he had been approached in December about a possible redevelopment of Aviation Plaza. He stated the developers were not ready to 21 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 make a presentation yet and the concerns Council had in December were still valid. He explained Council had received a report of vendors who received over $300,000 dollars in payments from the City in 2018. He stated several years ago he had the ability to grant unlimited contract approval for professional services which he did not feel was appropriate. He explained an ordinance had been drafted which stated Council had to approve any contract over $75,000 dollars and City staff was required to report anything over $25,000 dollars. He stated he believed that held City staff accountable and thanked the finance department for having the report prepared. Council Member Palmeri explained she appreciated having the report in such a timely manner. Mr. Rohloff stated the donation reports for 2015, 2016 and 2017 had been provided to Council. He explained the report documented any donations over $100 dollars. Council Member Palmeri questioned why the donor information was lacking from the first part of the document. Trena Larson, Finance Director, explained after the donation policy had been changed City staff had implemented a donation form, which contained the donor information. She stated that was why the information was lacking from earlier donations. Mr. Rohloff explained the Oshkosh Corporation update had been provided to Council. He stated there had been discussion related to the local impact of the government shutdown; on the City operational side there was not much of an impact. He explained the City received minimal federal funding aside from Community Federal Block Grant funds, which had the requirement that the City must spend the allocation from the previous year prior to the current year. He stated there were sufficient funds in the program. He explained if the shutdown continued there may be an impact on the transit department as the City received funds from the State, who received funds from the federal government. He stated the County may experience difficulties due to an interruption in funding for welfare programs. He explained while the City may not experience an impact on the operational side, the community may feel the impact through a strain on resources such as the food pantry. Mayor Cummings stated he found it inconceivable that elected officials would not pay government employees and stifle the economy. Council Member Palmeri questioned if it would be appropriate to reach out to County officials to determine where needs within the community may not be being met. She 22 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 22, 2019 stated individuals in certain types of housing may be impacted. She encouraged those receiving benefits to reach out to their county caseworker. Mr. Rohloff stated City staff could help communicate to the public and encourage them to check in with the appropriate agencies. Council Member Palmeri explained the City should be made aware of what the food pantry would be able to handle. Mr. Rohloff stated he could find that out. He explained the mascots and movies event was scheduled for Friday, January 251h at 5:30 p.m. at the Senior Center and encouraged attendance of the free event. Mayor Cummings thanked those who had helped him achieve the 2019 Martin Luther King Jr. Community Service Award. MOTION: ADJOURN (Mugerauer; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:49 p.m. PAMELA R. UBRIG CITY CLERK 23 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MARCH 12, 2019 REGULAR MEETING held Tuesday, March 12, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Jake Krause, Tom Pech,Jr., Steven Herman, Deb Allison- Aasby, Lori Palmeri, Matt Mugerauer and Mayor Steve Cummings ALSO PRESENT: John Fitzpatrick, Assistant City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Palmeri read the Invocation. The Pledge of Allegiance was led by Aimee Zhao from ALPS. PRESENTATION John Holland, Fire Department Community Program Coordinator, shared the various awards that had been presented to firefighters and citizens at the first annual Firefighters Awards Ceremony. Jason White, Chief Executive Officer, Greater Oshkosh Economic Development Corporation (GO-EDC), presented 2018 year in review. Council Member Palmeri requested an explanation of the highlights from the Winnebago County Homebuilders Association. Mr. White stated he had been interested to learn the true cost and policy related to developing a lot in Oshkosh compared to other municipalities. Audra Hoy, Director of Business and Economic Development, GO-EDC, shared details related to the cost. PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 Mayor Cummings questioned if the data was from just the City or also the surrounding townships. Ms. Hoy explained the cost to build in general was quite high in both the City and surrounding townships. PUBLIC HEARING Resolution 19-132 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay) Water Main & Laterals (New & Relay) & Storm Sewer Mains & Laterals (New& Relay) Relating to Contract No. 19-04/Hazel Street (Washington Avenue to East Irving Avenue) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Travis Brand, 451 Hazel Street, stated he believed the proposed assessments conflicted with the policy that the charge for such assessments shall not be greater than the benefit of the improvements. Mr. Fitzpatrick explained the property owner benefited from the roadway and the utility structure. He stated it was an opportunity to have a working street that was not in disrepair, and provided the ability to improve property value. He explained if there was a home in an area where roadways were deteriorated or had utilities that were several decades old it would be much more difficult for that property to be sold. Mr. Brand questioned if that meant he would be able to sell his home for $11,000 dollars more than what he paid for it after construction was complete. Mr. Fitzpatrick stated the concept was that without regular improvements to the roadways citizens would not have an opportunity to realize the benefit the improvements provided when a home was sold. Ms. Lorenson explained special assessments were completed according to a policy in which the City had determined a way to reasonably make the assessments between the various properties. She stated a copy of the special assessment policy could be provided. 2 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of the Oshkosh Common Council Minutes from February 121h & 261h� 2019 Resolution 19-133 Award Sid to Fortress Fence, Inc. for Fencing Improvements at Rainbow Memorial Park & Spanbauer Field Sall Improvements for Parks Department ($81,565.00) Resolution 19-134 Approve Purchases of Traffic Signal Equipment to TAPCO & Lighting Poles &Fixtures to Enterprise Lighting LTD for the Oregon Street Reconstruction Project 19-05 ($140,558.75) Resolution 19-135 Approve Final Plat known as Casey's Meadow Fourth Addition (Plan Commission Recommends Approval) Council Member Palmeri stated there were references to temporary cul-de-sacs which would result in unique snow removal. She questioned how long they would be in place. Darryn Burich, Planning Services Manager, explained the temporary cul-de-sacs would be located at the edge of the plats and would remain until the future plats to the west were developed. Steve Gohde, Assistant Director of Public Works, stated it would depend on how fast the next stage of the development moved forward. Council Member Palmeri explained there was a reference that maintenance would be completed on trails and sidewalks by the parks department. She asked for an explanation of the maintenance and what it may cost. Ray Maurer, Parks Director, stated it referred to the short trail connection from the street to the creek area, which would eventually have a bridge over Sawyer Creek to connect to Rusch Park. He explained the developer would be responsible for installing the asphalt path system, and the parks department would be responsible for future maintenance and 3 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 snow removal when the bridge was added. He stated in reference to fiscal impact, it would occur in the future and be similar to any other trail system. Resolution 19-136 Approve Initial Resolution for Special Assessments for Sidewalk & Terrace Trees for Casey's Meadow Fourth Addition - With Signed Waivers Resolution 19-137 Accept&Approve Waiver of Special Assessment Notices &Hearing in Connection with Improvements — Casey's Meadow Fourth Addition Resolution 19-138 Approve Final Resolution for Special Assessments for Sidewalk & Terrace Trees for Casey's Meadow Fourth Addition — With Signed Waivers Resolution 19-139 Approve Developer's Agreement / Casey's Meadow Fourth Addition Resolution 19-140 Accept Pedestrian Access & Temporary Cul De Sac Easements with Maintenance Terms Within Casey's Meadow Fourth Addition Resolution 19-141 Authorize Submitting Application to Wisconsin Economic Development Corporation for Idle Industrial Grant on Behalf of Thomas Masters, Rogans Stores of Oshkosh LLC & Phoenix Realty LLC for the Aviation Plaza; Accept Funds Resolution 19-142 Approve Distribution of Fisk-Gallup Trust Funds by Senior Services Division for Medical Services to Income Qualified Citizens Resolution 19-143 Approve Specific Implementation Plan for a Community Living Arrangement; 3851 Jackson Street (Plan Commission Recommends Approval) Resolution 19-144 Approve Specific Implementation Plan Amendment to Allow Two New Electronic Message Center Signs at 501 East Parkway Avenue (Plan Commission Recommends Approval) Resolution 19-145 Approve Conditional Use Permit to Establish a Pet Grooming Business at 1691 Ohio Street (Plan Commission Recommends Approval) 4 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 Resolution 19-146 Grant Storm Sewer Easements at 1600 Oshkosh Avenue to Oshkosh Corporation (Plan Commission Recommends Approval) Resolution 19-147 Approve Winnebago County & City of Oshkosh Inter-Agency Agreement for Haz-Mat Response Services Resolution 19-148 Approve Green Lake County & City of Oshkosh Inter-Agency Agreement for Haz-Mat Response Services Resolution 19-149 Approve Amendment to 2017 CIP Budget — South Park Lagoon Improvements Resolution 19-150 Approve Agreement with Engberg Anderson Architects for Schematic & Design Development for Modifications to the Steiger Wing ($180,800.00) Resolution 19-151 Approve Appointment to the Transit Advisory Board Mayor Cummings thanked Council Member Allison-Aasby for assisting in recruiting a member to the transit advisory board. He explained it was the duty of the Mayor, Council Members and City staff to help find individuals willing to serve on the City's various boards and commissions, and often proved a challenge. Resolution 19-152 Approve Agent Change for Combination "Class B" License, Special Class "B" License & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Herman) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-153 Approve Closure of Oregon Street from West 16th Avenue to West 21St Avenue, including the intersection of West 20th Avenue/Oregon Street MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings 5 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 Council Member Mugerauer questioned if the closure had been properly noticed on the street. James Rabe, Director of Public Works, explained the contractors had indicated they would do so at a pre-construction conference the previous week, however, he had not personally driven the route. Steve Gohde, Assistant Director of Public Works, stated he could not personally confirm that the signs were in place, although it had been discussed. Council Member Palmeri requested an explanation of how citizens could sign up for information regarding construction projects and street closures. Mr. Rabe stated there was a location on the City's website citizens could sign up to receive weekly email updates on construction projects. Ordinance 19-154 Amend Floodplain Overlay Zoning Ordinance to Adopt Flood Insurance Study Dated December 2017 for Sawyer Creek Hydrology & Hydraulics Analysis; Adopt Letter of Map Revisions date 3/27/2019 for Portions of Sawyer Creek; Adopt revised FEMA FIRM Map Numbers 55139CO215E, 55139CO330E & 55139C0310E; Create Flood Storage Districts (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Mayor Cummings asked for an explanation of the ordinance. Darryn Burich, Planning Services Manager, stated the purpose was to adopt new flood insurance rate maps. He explained it updated a former study completed in 2003 with updated data. He stated with the study and new maps a number of individuals should receive the benefit of lower flood insurance rates as a majority of the properties lost area from the map flood plain. Mayor Cummings explained the benefit to the community would be lowered insurance rates. Mr. Burich stated he anticipated that to be the case. He explained on the planning services webpage there were before and after maps that reflected dramatic changes. 6 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 Ordinance 19-155 Approve Zone Change from Heavy Industrial (HI) to Heavy Industrial with Planned Development Overlay (HI-PD) at 2661 West 201h Avenue (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-156 Establish Street Grades / Casey's Meadow Fourth Addition (Staff Recommends Waiving the Rules) MOTION: SUSPEND RULES (Pech; second, Palmeri) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Ordinance 19-157 Authorize Public Construction for Casey's Meadow Fourth Addition (Staff Recommends Waiving the Rules) MOTION: SUSPEND RULES (Pech; second, Herman) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Resolution 19-158 Rescind Personal Property Taxes —Festival Foods —Titan Fest Inc ($23,331.47) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Council Member Allison-Aasby asked for an explanation of the factors behind the reduction, related to Festival Foods as well as the larger impact it would have. Trena Larson, Finance Director, stated City staff had briefly discussed this topic with the state legislators during the meeting in February, and would follow up with a memo that 7 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 had also been provided to Council. She explained in the 2017-2019 biannual budget, an additional class of personal property, machinery, had been exempted by the State. She stated the legislators' intention was to keep municipalities whole, however, they only funded machinery in scheduled 'C'. She explained there were approximately ten additional schedules, several of which contained machinery, which created a shortfall in revenue. She stated although the legislature funded machinery under schedule 'C', they were not funding any machinery that was now exempted in several other schedules, resulting in an ongoing shortfall. Mayor Cummings explained this was another case of legislators at the State level taking away something from the communities, promising to make the municipality whole, and failing to live up to their promise. Ms. Larson agreed. She stated when it had been discussed with legislators, the response had been that their intention was that the municipality would be made whole. She explained that would have only happened if the exemptions had remained limited to schedule 'C', however, when the attorney general issued an opinion that machinery fell in several other schedules, the City was no longer whole. She stated the City would continue to be shorted as they were no longer required to report the machinery in any schedules beyond what was reported in 2017. She explained the City would experience significant lost revenue. Council Member Herman stated he understood this was different than the dark store concern and asked for an explanation of the difference between the two topics. Ms. Larson explained the exemption was not related solely to big box retail stores;it could apply to local businesses as well. She stated businesses created their own personal property schedules. She related it back to when several years ago when the legislature exempted tax exempt computers and had created a revenue stream to replace what municipalities had lost from that exemption. She stated the concern with the new exemption was that only one schedule was exempted and funded when the broad definition of machinery could relate to several other schedules. She explained it was being communicated through various leagues that business belonged to, encouraging them to file for the exemption and request refunds, including local businesses. Council Member Herman questioned where the funds would come from to pay the refund. He explained in her memo she had indicated that the total refunds may be approximately$82,000 dollars. She stated that was a rough estimate. She explained the process took the City's total 8 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 assessed value, which included personal property, and reduced it by $7,800,000 dollars. She stated it changed how the tax rate dollars could be spread, which would impact business and residential properties. Council Member Allison-Aasby stated she understood the $82,000 dollars was a conservative estimate, and had heard the actual total may be closer to $250,000 dollars. She questioned if that was spread out over several years, and if or when the City would be made whole. Ms. Larson explained there was no current indication from the State that these funds would be repaid to the City. She stated when she had brought the topic up at the meeting with state legislators they had seemed surprised, and she was hopeful that after receiving her memo they would reach out to the City for additional information. She explained businesses were no longer required to report machinery, so it was no longer on a schedule for any machinery purchased after 2017. She stated her staff was unable to track what would be lost in personal property value as it had been exempted. Mayor Cummings explained personal property referred to a business related expense, and as a former small business owner,believed it was difficult to keep track of. He stated it could encompass chairs, tables and other office equipment and was a costly bookkeeping task for a small business. He explained he understood that was part of the reason for the exemption, however, there had been a promise from the State that cities would be made whole. Council Member Pech stated he understood there was an intent for the City to be made whole, which had not happened and there was no guarantee that it would ever happen. He explained it resulted in tax relief for one area that caused tax increase in other areas, specifically residential property owners. He stated the tax burden was being shifted to homeowners. Mr. Fitzpatrick explained he agreed with Council Member Pech. He stated it was different from the dark store concern, however, the City and taxpayers were impacted in the same way. He explained there had been dialogue with legislators for some time regarding personal property, and he agreed that it was a laborious process to go through logs of the items a business had. He stated that the legislators had been informed the City did not have a problem if it was exempt as long as they were made whole. Council Member Palmeri explained she believed with the dark store concern, the estimate tax burden shift had been approximately five percent. She questioned if there was an estimated tax burden shift related to these exemptions. 9 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 Mr. Davis stated his estimate would be approximately two percent. He explained if personal property were to become completely exempt the City could easily lose an additional $100,000,000 dollars in value. Council Member Allison-Aasby stated she believed when Council had met with the legislators, they had been genuinely surprised at what the local impact would be. She explained she was hopeful they would take that information and share it at the State level. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated there was a joint workshop with the Oshkosh Area School Board scheduled for Wednesday, March 201h at 5:00 p.m. at the Oshkosh Area School District Administration Building. Council Member Palmeri explained an event titled 'A Night at the Shelter' was being planned for Wednesday,May 29th,depending on availability, at the Day by Day Warming Shelter to spread awareness. She stated it was a locked sleep-in which simulated the experience of homelessness. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Allison-Aasby congratulated the UW Oshkosh men's Titan basketball team for their successful weekend and wished them luck in the final four, in addition to Lourdes varsity basketball team who would soon compete in Madison. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Fitzpatrick explained a vehicle had been purchased for the parks department in addition to a professional services agreements for the museum and building plan reviews. He stated there was a free family bingo event scheduled for Sunday, March 171h at 1:00 p.m. at the Senior Center. He explained State of the City was scheduled for Monday, March 181h at 6:00 p.m. at the Oshkosh Convention Center. He stated there was a professional services agreement with the SmithGroup for the Lakeshore Park Master Plan. He explained it was a new vendor and City staff planned for citizens to provide input in regards to the plan. 10 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 Ray Maurer, Parks Director, stated nine quality firms had submitted proposals for the project. He explained the SmithGroup had stood out amongst the other candidates due to their experience with similar projects, the quality of their staff, the deliverables and 3D imagery and their public input process. He stated City staff planned to have significant public input through sessions with various boards and commissions as well as standalone public input sessions. He explained he anticipated the initial meeting with the firm to take place within the next two weeks;a timeline of events would be established with the anticipation of a final plan submitted to Council in late September or early October. He stated appropriate portions of the plan would be incorporated into the CIP. Council Member Palmeri questioned if the public could expect to be invited into the public participation component within the next two months. Mr. Maurer explained the first public input meeting could occur in April. He stated there would be a kickoff meeting with City staff and the various departments who had been involved with the project. He explained a site analysis would be conducted and POLCO questions created to survey to the public. He stated at that point public input meetings would be scheduled. Council Member Palmeri explained she understood residents could provide input via email to the parks department or to Council at any time. Mr. Maurer stated yes; City staff would also work with the firm to update the parks department webpage with a section dedicated to Lakeshore. Mr. Fitzpatrick explained an employee who worked for SmithGroup had family in the area and was looking forward to working on the project. She planned to fly into Oshkosh to attend State of the City to engage with City staff and citizens. Mr. Maurer explained her name was Kathleen Duffey and additional staff from the SmithGroup would also attend State of the City. He stated there would be comment cards for citizens to provide initial input on what they would like to see in the park. Council Member Herman explained he hoped that City staff would not 'steer the ship' as the public had been kept out of the loop in regards to the sale of the golf course. Mr. Fitzpatrick stated he respectfully disagreed with Council Member Herman as he did not believe the park had been taken away from the citizens and understood there had been numerous opportunities for the public to participate during public information sessions. He explained he believed public discourse took place and the citizens spoke 11 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 12, 2019 clearly about what they were interested in, resulting in an educated decision from Council. He stated he believed it was important to move forward and continue to make progress in the community. He presented a fire department recruitment video created by Oshkosh Media. MOTION: ADJOURN (Allison-Aasby; second, Pech) CARRIED: VOICE VOTE The meeting adjourned at 7:17 p.m. PAMELA R. UBRIG CITY CLERK 12