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HomeMy WebLinkAboutCouncil Minutes from November 22, 2011 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OJHKOIH ON THE WATER REGULAR MEETING held Tuesday, November 22, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Deb Allison-Aasby, Bob Poeschl, Tom Pech, Jr, Steve Cummings, Steven Herman, Jef Hall and Mayor Burk Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Mr. Rohloff introduced John Zarate who was promoted to Chief Building Official. Council Member Allison-Aasby read the Invocation. The Pledge of Allegiance was led by Betty Huang-Wolfgram and Lia Jaworski from Washington Elementary School; and, Emily Scherer and Colin Gutow from ALPS Charter School. CITIZEN STATEMENTS There were no citizen statements CONSENT AGENDA Approval of bills presented by the Finance Director. Receipt and filing of the Common Council Minutes from November 8 and 16, 2011. Receipt of Claim Filed with the City's Insurance: State Farm (insured Betsy Hedberg) for damages to her vehicle from allegedly not able to see stop sign on Wisconsin Street and West Lincoln Avenue Receipt of Claim Filed with the City's Insurance: Patricia Walker for alleged injuries as a result of a fall on the sidewalk outside of City Hall Resolution 11-501 Approve 2012 Business Improvement District Operating Plan and Budget 1 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 Resolution 11-502 Approve Land Acquisition/Donation for Park Purposes/Riverwalk Improvements along the Fox River from City Center Associates LLC (Plan Commission Recommends Approval) Resolution 11-503 Award Bid to Bodart Electrical Service Inc., for Traffic Signal Underground Installation at Oregon Street and Waukau Avenue in the Amount of$26,075.00 Resolution 11-504 Award Bid to Houck Transit Advertising, Inc., for Bus Advertising Services for the Transportation Department Resolution 11-505 Approval of Change Order No. 1 with SPS Infrastructure, Inc., for City Center Parking Ramp Repairs (+$7,539.48) Resolution 11-506 Approval of Change Order No. 1 for Public Works Contract No. 11-05 with Carl Bowers and Sons Construction Company for Various Concrete Paving and Utility Projects — South Side Area (+$199,786.89) Resolution 11-507 Approval of Change Order No. 2 for Public Works Contract No. 11-09 with Donald Hietpas and Sons, Inc. for 9t" Avenue Watermain Construction (+$38,301.93) Resolution 11-508 Approval of Change Order No. 1 for Public Works Contract No. 11-20 with Four-Way Construction of WI, Inc. for Mini Storm Sewers / Storm Sewer Laterals (+$10,690.10) Resolution 11-509 Approve Land Purchase at 1415 Armory Place for the National Guard Area Stormwater Detention Basin Project in the Amount of$183,200.00 Resolution 11-510 Approve City Manager Performance Evaluation Handbook Resolution 11-511 Approval of Special Event — Celebration of Lights Committee / Oshkosh Celebration of Lights — November 23, 2011 to January 1, 2012 Resolution 11-512 Approval of Special Event — Arthritis Foundation and UW-Oshkosh Student Recreation / Jingle Bell Run/Walk fir Arthritis (Revised Route) — December 10, 2011 Resolution 11-513 Approval of Special Event — Canada Promotions / New Year's Mexican Dance — December 31, 2011 Resolution 11-514 Approval of Special Event — Rapid Running / Oshkosh Fitness Festival May 11, 2012 2 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 Resolution 11-515 Approval of Special Event — Oshkosh Flight AAU Basketball / Oshkosh Gus Macker 3 on 3 Basketball Tournament—June 1, 2, and 3, 2012 Resolution 11-516 Disallow Claim by LaVern Rogers for alleged damages to vehicle during a search by an officer of the Police Department WITHDRAWN BY STAFF Resolution 11-517 Disallow Claim by David Richmond for alleged damages to vehicle as a result of hitting a manhole cover laying in the street at Pearl Avenue and Dawes Street Resolution 11-518 Approve Appointment for the Parking Utility Commission Resolution 11-519 Approve Special Class "B" Licenses, Agent Change for Combination "Class B" License and Operator License MOTION: ADOPT CONSENT AGENDA (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11-520 Change Council Meeting Time in December, 2011 FIRST READING; LAID OVER UNDER THE RULES Ordinance 11-521 Approval of Parking Regulation Changes on Iowa Street (North of 20th Avenue) and Minerva Street (North of Packer Avenue) FIRST READING; LAID OVER UNDER THE RULES Ordinance 11-522 Creation of a Bicycle and Pedestrian Advisory Committee FIRST READING; LAID OVER UNDER THE RULES Ordinance 11-523 Approve Delayed Attachment Request from Town of Algoma with David and Beverly Zink at 955 Linden Oaks Drive FIRST READING; LAID OVER UNDER THE RULES Ordinance 11-524 Approve Creation of a Vehicle Registration Fee (Wheel Tax) FIRST READING; LAID OVER UNDER THE RULES 3 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 Tom Feldner, 2321 Geneva Street, opposed a wheel tax. He felt the transit system should not be subsidized by a wheel tax and should be self sufficient through the people who use the transit system or through grants from state or federal agencies. Molly Feldner, 2321 Geneva Street, was opposed to a wheel tax and suggested the City raise bus fares and/or restructure bus schedules. Resolution 11-525 Approve Conditional Use Permit for a Worship Center / Church and Accessory Uses at 820-824 East Parkway Avenue and 621 Evans Street (Plan Commission Recommends Approval) WITHDRAWN BY APPLICANT Resolution 11-526 Acceptance of the Revised Oshkosh Transit System Fare Structure MOTION: ADOPT (Pech; second, Allison-Aasby) MOTION: AMEND DIAL-A-RIDE (ADA) FROM PROPOSED $2.00 TO $1.50 AND CABULANCE (ADA) FROM proposed $2.00 TO $1.50 (Hall; second, Poeschl) LOST: Ayes (2) Poeschl, Hall; Noes (5) Allison-Aasby, Pech, Cummings, Herman, Mayor Tower VOTE ON ORIGINAL MOTION: CARRIED: Ayes (5) Allison-Aasby, Pech, Cummings, Herman, Mayor Tower Noes (2) Poeschl, Hall Tom Feldner, 2321 Geneva Street, felt the transit fares should not be determined until the issue of the wheel tax was resolved. Council Member Cummings asked for clarification that if the fares were not increased, the City budget would be in the negative. Chris Strong, Transit Director, explained any impact on the revenue side of the budget affected how much the City could apply for in state and federal grants. He stated in terms of balancing the Transit budget, it was not just a matter of finding another source of revenue; expenses had to be considered as well. Council Member Herman asked for clarification that the resolution included only para transit fares and not bus fares. Mr. Strong indicated the resolution was to increase para transit fares and explained how state and federal grants were tied to the bus transit system. 4 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 Council Member Pech stated if he understood correctly, the proposal brought forward by the Transit Board allowed the City to provide the greatest service at the lowest cost. He further stated if the City kept the current fares or only increased the fares by $.25 the City would most likely have to reduce transit services. Mr. Strong acknowledged that if the City kept the current fares or only increased the fares by $.25 the City would most likely have to reduce transit services. Council Member Hall proposed an amendment to reduce the Dial-a-Ride (ADA) and Cabulance (ADA) fares from the proposed $2.00 to $1.50. Council Member Pech questioned if the proposed amendment to the fares would cause the City to reduce para transit services. Mr. Strong indicated he would need to research the affect of the amended fares, however he sensed the City would have to reduce para transit services if the fares were reduced from the proposed amount. Council Member Cummings stated he did not support the amendment as he felt the Council did not have sufficient information on how the reduced fares would affect the budget. Council Member Hall stated the reason for his proposed amendment was due to the population associated with the ADA Dial-a-Ride and ADA Cabulance being on a fixed income and already affected by state and federal budget cuts. Council Member Poeschl stated his concern about how ADA para transit riders would be able to venture out if they could not afford the increase in fares. Council Member Cummings wanted to know to what extent the transit budget was subsidized by the tax payer. Mr. Rohloff explained the 17% of the transit budget was subsidized through tax payer dollars. Council Member Hall was concerned the City was issuing a blanket increase to all para transit fares to encourage citizens who were able to ride the buses but preferred to use the para transit system, to actually utilize bus transportation. He felt by doing so it punished the citizens whose only means of mobility was the para transit system. Council Member Allison-Aasby suggested that Councilors Hall and Poeschl work with the Transit Department to research a solution that would create less of a financial impact on ADA para transit riders. 5 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 Council Member Pech noted Mr. Strong was in no way implying that citizens were "free loading" or using a service they should not be using. He stated there were less costly alternatives that para transit riders could use. Mr. Strong clarified he was not implying that citizens were "free loading". He explained that his department made sure that all riders of the para transit system were eligible for the service. He stated there were less costly alternatives that some para transit riders could use. Resolution 11-527 Approve Submittal of 2012 Community Development Block Grant Action Plan MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Resolution 11-528 Adopt 2012 City Budget MOTION: ADOPT (Cummings; second, Pech) AMEND: MOVE $120,000 FROM THE $130,000 SURPLUS INTO PAYCHECK PAYMENT FOR THOSE EMPLOYEES WHO WERE NOT INCLUDED IN RESOLUTIONS 11-532 AND 1-533 (Hall; second, Poeschl) LOST: Ayes (3) Poeschl, Herman, Hall Noes (4) Allison-Aasby, Pech, Cummings, Mayor Tower AMEND: USE $12,500 FROM 2011 FUNDS TO PURCHASE LUCAS DEVICE (FIRE DEPARTMENT) (Poeschl; second, Hall) CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Lois Luebke 619 Division Street, wanted to know how much the City was in debt. Mayor Tower explained the City budget was balanced although the budget included long term bonds. Mr. Rohloff explained the City was required to complete a balanced budget every year, thus in terms of debt the City did not fund its operational expenses. He further explained the City used debt to fund long term capital improvements through the issuance of bonds. 6 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 Peggy Steeno, Finance Director, indicated the balance of capital improvement debt as of December 31, 2011 would be $133,631,900.00. Council Member Hall apologized due to work obligations he was unable to attend the budget workshop on November 16th; however he wanted to clarify that the proposal he presented prior to the meeting pertained to a one time payment to employees and not a salary increase as was incorrectly reported at the budget workshop. He felt all City employees should be treated the same and should not be placed into categories. He proposed an amendment to remove $120,000 from budget surplus to be put into paycheck payments for employees not included in Resolutions 11-532 and 11-533. Council Member Pech felt it would set a bad precedent if the Council used budget surplus money to offset City employees' upcoming reduction in take home pay. Council Member Poeschl proposed an amendment to use $12,500.00 of the 2011 budget surplus to purchase a Lucas Device (heart compression device) for the Fire Department. Resolution 11-529 Approve 2011 Tax Levy MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Resolution 11-530 Approve 2011 Tax Rates MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Ms. Steeno reported the 2011 assessed rate was $8.796 which was a 2.18% increase from 2010. Resolution 11-531 Approve 2012 Capital Improvement Plan MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Council Member Herman stated in the 2012 Capital Improvement Plan, the City was being very aggressive with the streets relative to storm sewer and sanitary sewer improvements as well as sidewalk and traffic improvements and the river walk. Mayor Tower stated his concern that the amount of debt in the Capital Improvement Plan would affect the City's credit rating. 7 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 Ms. Steeno explained from a financial/rating stand point, she did not believe the debt would cause the City's credit rating to go down. The rating agencies focus more on the general fund portion of the debt. She stated a good portion of the debt was utility debt that was issued in past under general obligation borrowing and the City would see that number go down going forward. Council Member Pech agreed the Capital Improvement Plan was aggressive. He reiterated the City did not use debt to fund operating expenses and that the CIP applied to long term projects to reinvest in the City. Resolution 11-532 Approve Final Longevity Payment for Employees Whose Program is set to expire on December 31, 2011 MOTION: ADOPT (Herman; second, Poeschl) LOST: Ayes (2) Herman, Hall; Noes (5) Allison-Aasby, Poeschl, Pech, Cummings, Mayor Tower Mr. Rohloff explained the final longevity payment was a one time payment to 142 currently represented employees. He stated the funding source was the 2011 operating budget and the employees would no longer be eligible for longevity payments as of January 1, 2012. Council Member Hall questioned when the payment would happen. Mr. Rohloff indicated the longevity payment would be paid to employees on their December 22, 2011 paycheck. Council Member Hall questioned if there would be consequences if the longevity payment was paid in 2012 since the eligible employees had already received longevity payments for 2011. Ms. Steeno explained there would be a fiscal impact if the longevity payments were paid in 2012. She stated when calculating an overtime rate, any payments made in the current year must be included in the rate. She further explained if the longevity payment was paid out in 2012 it would increase the 2012 overtime rate. More importantly, the longevity payment was considered a 2011 expenditure. If the longevity payment was paid in 2012, it would become a 2012 expenditure and would have to be paid out of the 2012 budget. Council Member Allison-Aasby questioned if the longevity payment in the resolution was promised to the eligible employees and if it was part of the longevity payment the eligible employees already received. Ms. Steeno stated the proposed longevity payment was not part of the payment eligible employees already received and that it was not promised to them. 8 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 Resolution 11-533 Approve WRS Offset for Employees Impacted in 2011 MOTION: ADOPT (Poeschl; second, Cummings) CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Mr. Rohloff explained the WRS contributions were budgeted for 2011, however after the Budget Repair Bill passed, non represented employees were required to contribute to the WRS immediately whereas represented employees were not required to begin contributions to the WRS until January 1, 2012. The object of the resolution was to payout a one time payment of four percent of the amount eligible non represented employees had contributed to the WRS since enactment of the Budget Repair Bill. Mayor Tower supported the resolution as the employees who were eligible for the payment did not receive raises in 2011. Resolution 11-534 Approve Retirement Planning Incentive Program for 2011-2012 MOTION: ADOPT (Herman; second, Cummings) CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Mr. Rohloff explained the Retirement Planning Incentive Program would pay a one time payment of $1,000.00 for full time employees and $500.00 for part time employees who provided eight weeks notice of intent to retire on or before October 1, 2012. Council Member Allison-Aasby supported the resolution as she felt it would reduce a mass exodus of employees which could be detrimental to the services of the community. Noise Variance Grant a Noise Variance to Edward Kraemer and Sons, Inc. / Upcoming Work on the Canadian national Railroad Bridge over the Fox River / November 2011 to April 2012 and Spring of 2013 MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Allison-Aasby, Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Dennis Maney, 7940 County Road T, Larsen, represented Edward Kraemer and Sons, Inc., explained the new Canadian Railroad bridge would be built on a foundation of twelve caissons drilled into the bottom of the Fox River. He stated normally, the drilling would take place over a four day cycle with drilling occurring within a ten or eleven hour window; but, given the density of the bedrock, drilling may take longer, up to forty eight or seventy hours straight. He explained in the spring of 2013 the existing swing span would be removed and replaced during which both river traffic and rail traffic would cease. He stated to minimize the disruption to the rail service and river traffic crews would work round the clock to complete the project. 9 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 Mayor Tower questioned how long river traffic would be halted during the construction of the bridge. Mr. Maney stated that boat traffic in the river would be halted during the forty hour window when the swing span would be replaced and for a twenty four hour period after the swing span was installed in order to get the bridge up and running. Council Member Poeschl requested that residents of the area be notified about the potential noise. Council Member Herman questioned if the new bridge would be at the same height as the old bridge. Mr. Maney stated the new bridge would have the same clearance as the existing bridge. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A workshop on the focus and long term goals of the Long Range Finance Committee would be held on December 13th at 5:00 p.m. A workshop for review and consideration of automated refuse would be held on January 10, 2012 at 4:45 p.m. A workshop with the Plan Commission and Common Council regarding the Central Garage would be held in January. CITIZEN STATEMENTS Lois Luebke 619 Division Street, would like flags put in City parks to honor veterans. Patricia Dierner, 1316 Broad Street, was concerned about an unkempt vacant lot near her residence. She was also concerned about leaf pickup on Bowen Street. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Council Member Poeschl announced a Sustainability Plan Meeting and Open House would be held at the Senior Center on December 1st from 6:00 p.m. until 8:00 p.m. Council Member Herman mentioned that the Council would meet in closed session on January 10, 2012 to discuss the evaluation of the City Manager. 10 PROCEEDINGS OF THE COMMON COUNCIL— NOVEMBER 22, 2011 1r CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff gave the Council an update of outstanding projects in their packet. He explained the City would waive bids for Police Department Firing Range Maintenance. He stated that Strand Associates was hired for engineering services related to the design of the James Road Area Stormwater Detention Basin. He mentioned the Fall-2011 leaf collection would continue through November 25th. After November 25th citizens could bag their leaves for pick up on their regular garbage day during the first full week of December. MOTION: ADJOURN (Cummings; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 9:05 p.m. PAMELA R. UBRIG CITY CLERK 11