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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OJ HKOfH ON THE WATER REGULAR MEETING held Tuesday, December 13, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Bob Poeschl, Tom Pech, Jr, Steve Cummings, Steven Herman, Jef Hall, Deb Allison-Aasby 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 Council Member Poeschl read the Invocation. The Pledge of Allegiance was led by Nithya Ambati from Carl Traeger Elementary School; and, Bryce and Balleigh Remy from Carl Traeger Middle School. CITIZEN STATEMENTS Bob Cornell, 548 W. Smith Avenue, encouraged the public to become friends of the Oshkosh Seniors Center. He questioned why the intersection of Church Avenue and Central Street was blacktopped instead of paved with concrete as the rest of Church Avenue during the recent road reconstruction. Mr. Patek stated there were future projects in that area and the intersection would be paved once those projects were completed. Jeff Decker, 1119 Otter Avenue, represented the Neighborhood Watch Program and shared some of the tools the organization used to keep neighborhoods safe. CONSENT AGENDA Approval of bills presented by the Finance Director. Receipt and filing of the Museum Board Minutes from November 3, 2011. Grant a Noise Variance to AT&T/Upcoming Work on Underground Telephone Conduit on Jackson Street at Murdock Avenue / December 21, 2011 (with alternate date of December 28, 2011) 1 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 13, 2011 Resolution 11-535 Approval of Change Order No. 1 for Public Works Contract No. 09-21 with Buteyn-Peterson Construction Co., Inc., for the Oakwood Road Stormwater Facilities (+$7,593.49) Resolution 11-536 Approval of Change Order No. 2 for Public Works Contract No. 11-04 with LaLonde Contractors, Inc. for Various Concrete Paving & Utility Projects — Central City Area (+$29,552.32) Resolution 11-537 Approval of Change Order No. 1 for Public Works Contract No. 11-08 with Stone Creek Contractors, LLC for the Hughes Street Culvert Replacement at Glatz Creek ($256.45) Resolution 11-538 Approval of Change Order No. 1 for Public Works Contract No. 11-26 with Michels Corporation for Concrete & Asphalt Crushing for Stockpiles on Fernau Avenue and Southwest Industrial Park (+$19,601.82) Resolution 11-539 Award Bid for Chemicals for Water Filtration & Wastewater Treatment Plants for 2012 (Various Amounts) Resolution 11-540 Award Bid for Storage Shelving System (Museum) to Artistic Storage LLC ($69,558.00) Resolution 11-541 Award Bid for Police Department Dry Cleaning to Stannard Inc., ($49,054.10 — 2012 / $50,047.30 - 2013 / $50,086.55 — 2014) Resolution 11-542 Approve Renewal of Agreement for Bus Service with the University of Wisconsin-Oshkosh Council Member Poeschl questioned what the fiscal impact was for the current contract for bus service with UWO. Chris Strong, Director of Transportation, indicated that ridership of UWO students had increased each month which would bring bonus money to the City budget. Resolution 11-543 Approve Conditional Use Permit to Allow Installation of Additional Telecommunication / Cellular Antenna on Rooftop at 522-530 North Main Street (Plan Commission Recommends Approval) Resolution 11-544 Approve Three Year Lease Agreement with Winnebago County for Rental of the Public Safety Building ($70,443.00 Annually plus Utilities Resolution 11-545 Approve Land Purchase at 1035-1037 West South Park Avenue for the Quarry Park Landfill Gas Venting System Project 2 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 13, 2011 Resolution 11-546 Approval of Application for Urban Wildlife Abatement & Control (UWDAC) Grant Council Member Herman questioned if the City would proceed with the abatement if the grant was not awarded. Ray Maurer, Parks Director, stated the City would continue its deer and geese abatement projects if not the grants were not awarded Council Member Poeschl asked in what areas the deer abatement would take place. Mr. Maurer stated the grant funds would be used to complete aerial surveys of the deer population in the Vulcan Quarry, the airport, and the landfill. He explained the grants would not be used to cull deer. Resolution 11-547 Approve Employee Handbook Updates Council Member Hall requested the resolution to be excluded from the Consent Agenda for a separate vote. Resolution 11-548 Disallow Claim by Chris Schettle Resolution 11-549 Disallow Claim by LaVern Rogers Resolution 11-550 Approve Appointments for Democrat & Republican Election Inspectors Bob Cornell, 548 W. Smith Avenue, questioned if citizens could be appointed to be an election inspector if they were not registered as a Democrat or Republican. Council Member Hall explained it was possible for a third party to be appointed as an election inspector as long as the party secured a percentage of the vote equal to one member at a previous election at the polling location. For example, if there were seven inspectors assigned to a polling location, the third party would need one seventh of the vote. Council Member Hall stated he would not vote on the resolution as he was the chairman of the local Democratic Party. Resolution 11-551 Approve Combination "Class A" License & Operator Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 11-546, 11-547 AND 11-550 (Herman; second, Pech) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower 3 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 13, 2011 Resolution 11-546 Approval of Application for Urban Wildlife Abatement & Control (UWDAC) Grant MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower: Noes (1) Poeschl Resolution 11-547 Approve Employee Handbook Updates MOTION: ADOPT (Poeschl; second, Pech) MOTION: LAYOVER UNTIL DECEMBER 27, 2011 MEETING (Hall; second, Poeschl) WITHDRAWN MOTION: DISCUSSION & VOTE AFTER RESOLUTION 11-557 (Hall; second, Herman) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower NOTE: See page 8 for final vote on Resolution 11-547 Council Member Hall felt it would be better if the handbook updates were discussed after Resolution 11-557. Council Member Herman asked if there was anything in the employee handbook regarding salary or benefits. John Fitzpatrick, Director of Administrative Services, stated there were changes in the employee handbook related to overtime, and holiday pay. Mr. Rohloff added the employee handbook was only procedural in nature and did not relate to upcoming Resolution 11-557 (Job Classification and Compensation Study). Council Member Herman asked if the Council could approve the employee handbook without Sections 108 (Job Classification) and 109 (Salary Administration). Mr. Fitzpatrick stated he did not feel it was necessary to remove Sections 108 and 109 in order for the Council to approve the employee handbook. Council Member Hall was concerned about approving the employee handbook without having compensation plans in place. 4 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 13, 2011 Resolution 11-550 Approve Appointments for Democrat & Republican Election Inspectors MOTION: ADOPT (Poeschl; second, Cummings) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Allison-Aasby, Mayor Tower; Present (1) Hall Council Member Hall stated he would vote present as he was the chair of the local Democratic Party. ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11-552 Change Council Meeting Time in December, 2011 MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower Ordinance 11-553 Approval of Parking Regulation Changes on Iowa Street (North of 20th Avenue) & Minerva Street (North of Packer Avenue). Petition filed in opposition to the elimination of parking on the 2700 Block of Minerva Street MOTION: ADOPT (Pech; second, Poeschl) MOTION: AMEND SECTION ONE OF THE PROPOSED ORDINANCE TO STRIKE THE TEXT STARTING WITH "MINERVA STREET" AND ENDING WITH "NORTHERN TERMINUS"; AND, TO AMEND THE ORDINANCE TITLE AND PUBLICATION NOTICE TO REMOVE ANY REFERENCE TO MINERVA STREET CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower VOTE ON ORDINANCE AS AMENDED CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower Council Member Poeschl stated he received an email from the citizen who originally petitioned for the parking restrictions on Minerva Street asking to revoke the request. 5 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 13, 2011 Ordinance 11-554 Creation of a Bicycle & Pedestrian Advisory Committee & Repeal of Advisory Park Board Bicycle Subcommittee MOTION: ADOPT (Poeschl; second, Cummings) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower Ordinance 11-555 Approve Delayed Attachment Request from Town of Algoma with David and Beverly Zink at 955 Linden Oaks Drive MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower Ordinance 11-556 Set Advisory Referendum to Create Municipal Vehicle Registration Fee (Wheel Tax) MOTION: ADOPT (Poeschl; no second) LOST: LACK OF SECOND Brian Poeschl, 1380 W. South Park Avenue, opposed a referendum to create a wheel tax. He felt the City should market the benefits of riding the bus to the public in order to increase ridership and revenue. Steve Barney, 1335 Summit Avenue, felt the ordinance was misleading as there was no indication that the wheel tax revenue would be used to expand the transit system. He mentioned the referendum question only stated the wheel tax funds would be used for transit purposes. Bob Cornell, 548 W. Smith Avenue, was opposed to a referendum to create a wheel tax. He stated he felt the Council should make the decision on whether or not the City should create a wheel tax. Resolution 11-557 Approve Job Classification and Compensation Study MOTION: ADOPT (Pech; second, Cummings) MOTION: AMEND TO SUBSTITUTE "IS HEREBY RECEIVED AND FILED AND THE CLASSIFICATION AND COMPENSATION PLAN SCHEDULES FOR MANAGEMENT PROFESSIONAL AND GENERAL EMPLOYEES AS IDENTIFIED IN EXHIBITS 1.1 TO 1.4 AND EXHIBITS 2.1 TO 2.3 OF THE STUDY ARE HEREBY APPROVED" (Pech; no second) LOST: LACK OF SECOND 6 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 13, 2011 MOTION: AMEND TO STRIKE TEXT STARTING AT "APPROVED" AND REPLACE WITH "HEREBY RECEIVED AND FILED" (Herman; second, Poeschl) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (5) Pech, Cummings, Herman, Allison-Aasby, Mayor Tower; Noes (2) Poeschl, Hall Mayor Tower asked for clarification on what the Council was voting on. Mr. Rohloff stated the Council was being asked to receipt and file the Classification and Compensation Study. Also, he explained the Council was being asked to adopt pay plans for city employees. Charlie Carlson of Carlson Consulting presented his Compensation Study Report to the Council. Bob Burns, 1516 Buchanan Avenue, was concerned with the proposed pay scales the City would have a hard time recruiting new employees. He also felt some of the classifications in the General Employee Category belonged in the Management Professional Employee Category. Brandon Mickelson, 2405 Plymouth Street, stated he held five licenses through the State of Wisconsin relative to his job with the City, and also had a two year degree. He felt it was insulting that according to the proposed pay scale he should be making considerably less money. He believed if the Council approved the proposed pay scale the City would be limiting themselves in the talent pool for recruiting new employees. Jenny Clark, 4117 County Road N, encouraged the Council to layover the resolution so they could exam the pay scales more closely. She felt some of the pay grades were inappropriate. Peter Smith, 4278 County Road N, also felt the pay grades should be reexamined. He thought experience should be taken into account. Council took a break from 8:23 p.m. to 8:35 p.m. Council Member Herman felt the Council should accept the Classification and Compensation Study, however not approve the pay scales until they were reviewed further. Council Member Allison-Aasby felt both the Council and City employees needed time to digest the Classification and Compensation Study before any decisions were made. 7 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 13, 2011 City Manager Rohloff clarified to the Council that beginning January 1, 2102, he would advertise to fill ten vacant positions within the City and indicated that he would use the pay scales exhibited in the Classification and Compensation Study as a base. Mayor Tower stated the Council and City employees needed more time to process the Classification and Compensation Study and proposed a meeting between the Council and City employees for discussion after the first of year. Council Member Hall stated his concern that Mr. Rohloff would be advertising the rates of the pay scales exhibited in the Classification and Compensation Study without the rates being approved by the Council. Resolution 11-547 Approve Employee Handbook Updates (continuation from page 4) MOTION: ADOPT (Herman; second, Cummings) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Allison-Aasby, Mayor Tower; Noes (1) Hall COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS 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 on January 24, 2012 at 4:45 p.m. A workshop regarding the Classification and Compensation Study would be held on January 11, 2012 at 5:30 p.m. City employees were encouraged to attend the workshop. Council Member Hall requested the following information: a copy of the summary of the job evaluation system; a copy of the analysis of transit and protective service employees referenced on page 18 of the Classification and Compensation Study; a copy of the comparables used from the private sector; he also asked for more information on the information Mr. Carlson studied for his report. Council Member Hall questioned why the Library was not included in the Classification and Compensation Study. Mr. Carlson stated he was contracted separately by the Library and that statutorily the Library had independent authority to establish its own compensation system. He would meet with the Library Board at their December meeting. 8 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 13, 2011 CITIZEN STATEMENTS Patricia Dierner, 1316 Broad Street, was concerned about citizens dumping unwanted items onto the railroad property along Broad Street. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Council Member Herman commented there were several requests for copies of the City Manager Evaluation Handbook from communities all over the country. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated there were amendments to agreements with Strand Associates related to the Westfield Street Bridge and various Wastewater Treatment Plant and Pump Station Projects. He gave the Council an update of outstanding projects in their packet. He explained the City was still in the process of working with Winnebago County on the Health Department consolidation. MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER; AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES (Herman; second, Pech) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison-Aasby, Mayor Tower MOTION: ADJOURN (Cummings; second, Pech) CARRIED: VOICE VOTE The meeting adjourned at 9:42 p.m. PAMELA R. UBRIG CITY CLERK 9