Committee of the Whole

Committee-Of-The-Whole Meeting Minutes June 19, 2018 Mayor Nold called the Committee-of-the-Whole meeting to order at 6:17 PM. Members Present: Aldermen Kowieski, Miller (arrived 6:40 pm), Rosek, Shaw, Ellis (arrived 6:39 pm), Zwart and Strey Staff Present: Mayor Nold, Kitsembel, Freber, Gallo, Kelliher, Sullivan, Bleck, Buerger, Duffy, Frye, Golz and Coenen Others Present: Atty Riffle 2. Consider/recommend Strategic Plan Mission and Vision Statements Sullivan reported there is one thing left to do to complete the Strategic Plan; the Committee needs to pick Mission and Vision statements. For the Mission statement the two choices are; maintain a high quality of life by providing excellent service to our community; or ensure safety and provide efficient, cost effective, high-quality services to our unique and growing Community. The Committee chose the first option with the addition of the word safety as follows “excellent safety and service.” For the Vision statement the two choices are; Lake County’s premier destination to live, work and play; or Oconomowoc, the best place to be in Lake County. The Committee chose the first option. The Committee then discussed not listing Thackeray Trail as the first of eleven objectives in the plan, Oconomowoc Pkwy being a better option for a Fire Station, and the Lapham and Lake Bluff bridge issue. The Committee also stated they would like to have the Strategic Plan put out for the public to review and provide comments on before adoption. No action was taken. 3. Discussion on Act 67 Conditional Use Permit Process Riffle reported the State enacted Wisconsin Act 67 which concerns regulation of land use, informally called the “Landowner’s Bill of Rights.” The law contains language that impacts Conditional Uses (CU) and how they are approved. CU’s must now be approved/denied on substantial evidence and any conditions must be reasonable and measurable. The Council’s decision on a CU will now be a quasi-judicial decision and the Council will hear all the evidence and make a decision based on the CU requirements being addressed with substantial evidence. If the requirements have successfully been demonstrated, then the CU shall be granted. Currently, public hearings for CU’s are held only at Plan Commission. The new law requires the hearing to be held in front of the body that grants the CU, which will be Council if Council wants to remain the final approving body for CU’s as is the case now. Our Zoning Code will need to be amended to ensure we meet the new statutory requirements. Council will also need to review all the uses identified as “Conditional” and create standards for each specific use as well as ensure we can support conditions imposed on a specific application with substantial evidence. During the review, we may reconsider what might be listed as a CU and permitted-by-right. Riffle also noted that these revisions will not be done by July 17th when public hearings for two CU’s will be held as well as Council’s potential approval, however the new laws will need to be applied. S:\Committees - Commissions\Committee-of-the-Whole\Minutes\2018\C-O-T-W Min 6-19-18.doc 4. Discussion on Creation of Elderly Housing Authority Requested by PHW Oconomowoc, Inc Sullivan stated the City received a request by PHW Oconomowoc, Inc. (PHW), an affiliate of Presbyterian Homes to create an Elderly Housing Authority (EHA) for the Towner Crest project. The EHA would be a body similar to the Community Development Authority that has the power to issue bonds that are exempt from State of Wisconsin income tax. The EHA also has a restriction that at least one member of the household must be 62 years of age. Elizabeth Blutstein, Legal Bond Counsel to WHEFA, which is the WI Health & Educational Facilities Authority with statewide jurisdiction for non-profits that acts as a conduit, stated the benefit to having a EHA is that bonds would be exempt from Federal and State taxes as well as State income taxes. A requirement is that another body must issue bonds on behalf of a 3 rd party. Since interest on bonds is exempt from Federal income tax, the interest rate is lower so PHW can pass along benefits of lower tax to their residents. It also means that investors do not have to pay Federal & State income tax on the interest they earn by holding the bond. Riffle stated the EHA’s only purpose is to say we could issue bonds, it’s a legal fiction and only for non-profit organizations. The request is being made for PHW to pursue the most efficient and effective plan of finance for its project. Kitsembel stated staff is looking for direction from Council and PHW would reimburse the City for our costs to create the EHA. The Committee agreed the City should pursue this option and asked staff to research what other things an EHA can do. Motion by Rosek to adjourn the Committee-of-the-Whole meeting; second by Zwart. Motion carried 7-0. The meeting adjourned at 7:29 PM. Minutes taken by Diane Coenen, City Clerk S:\Committees - Commissions\Committee-of-the-Whole\Minutes\2018\C-O-T-W Min 6-19-18.doc