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Home My WebLink About03. Common Council Minutes 11.26.2013 & 12.3.2013PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN NOVEMBER 26, 2013 OlHKO f ON THE WATER REGULAR MEETING held Tuesday, November 26, 2013, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. Chris Strong, Director of Transportation introduced Russell Pamulak as the new Transit Supervisor. PRESENT: Council Members Tom Pech, Jr., Steven Herman, Kyle Clark, Sean Fitzgerald, Steve Cummings, Deb Allison -Aasby & 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 Pech read the Invocation. The Pledge of Allegiance was lead by Anna Kossolapov and Emma Schuttenhelm from Washington Elementary School; and, Sophia and Izabelle Frey from Franklin Elementary School. PUBLIC HEARING Resolution 13 -506 Approve Final Resolution Vacating Portions of Soda Creek Drive & Jacktar Road MOTION: ADOPT (Cummings; second, Clark) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower CITIZEN STATEMENTS TO COUNCIL There were no citizen statements. CONSENT AGENDA Approval of Bills presented by the Finance Director. Approval of Cash Report for October 2013. Receipt & Filing of Museum Board Minutes from October 3, 2013. 1 PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 Receipt & Filing of Common Council Minutes from November 12" & 20 2013. Resolution 13 -507 Approve Purchase of Water Meters & Transmitters from HD Supply Waterworks for 2014 for the Water Utility Division ($731,210.00) Resolution 13 -508 Approval of Engineering Services Agreement with CH2M HILL Engineers, Inc. for Construction Management Services for Wastewater Treatment Plant Control System, Influent Pumping & Aeration Blowers Upgrade in the Amount of $786,810.00 Resolution 13 -509 Approval of Amendment to Engineering Services Agreement with AECOM Technical Services Inc. for Construction Management Services for the City Hall Parking Lot in the Amount of $35,900.00 Resolution 13 -510 Approval of Change Order No. 2 for Public Works Contract No. 13 -06 with Al Dix Concrete, Inc. for Concrete Sidewalk New & Reconstruction ( +$37,639.14) Resolution 13 -511 Approve Change Order No. 1 for Public Works Contract No. 13 -08 & Approve Agreement for Purchase of Materials with Miron Construction Co. Inc. for the Public Works Field Operations Facility Resolution 13 -512 Resolution Appointing a Paying Agent & Registrar with respect to $9,080,000 Aggregate Principal Amount of General Obligation Corporate Purpose Bonds, Series 20138, $4,175,000 Aggregate Principal Amount of Sewer System Revenue Bonds, Series 2013D & $3,785,000 aggregate Principal Amount of Water System Revenue Bonds, Series 2013E & Related Matters Resolution 13 -513 Approve 2014 Business Improvement District Operating Plan & Budget Council Member Cummings would like the BID to coordinate with the Parks Department on a landscape theme for the City. Resolution 13 -514 Approve Agreement with InfoVision Software Inc. for Permitting Software ($63,000) Resolution 13 -515 Removal of Member on Landmarks Commission due to Excessive Absences Resolution 13 -516 Approval of Special Event - Canada Promotions to utilize Sunnyview Exposition Center for their Mexican Dances / November 30, 2013 & December 31, 2013 WITHDRAWN BY APPLICANT 2 PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 Resolution 13 -517 Approval of Special Event - BID to utilize city streets for their December Gallery Walk Horse & Carriage Rides / December 7, 2013 Resolution 13 -518 Approval of Special Event - Dutrirun to utilize city streets for their Resolution Run / January 1, 2014 Resolution 13 -519 Approval of Special Event - Special Olympics Fox Valley Area to utilize Menominee Park & city streets for their Polar Plunge & Polar Plunge 5K Run / February 14 & 15, 2014 Resolution 13 -520 Approval of Special Event - UW- Oshkosh Student Recreation — to utilize city streets for their Shamrock Shuffle 5K Run -Walk / March 15, 2014 Resolution 13 -521 Approval of Special Event - Oshkosh Yacht Club to utilize Menominee Park for their 2014 ILYA Championship Regatta / August 14, 15, 16 & 17, 2014 Resolution 13 -522 Approve Operator, Taxi -Cab Driver & Junk Collector Licenses MOTION: ADOPT CONSENT AGENDA (Clark; second, Cummings) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 13 -523 Repeal & Recreate Solid Waste Disposal / Section 23 -7, Standards of Service for Residential Areas Related to an Annual Fee for Collection of Recyclables MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Ordinance 13 -524 Repeal & Recreate a Portion of the Streets & Sidewalks Ordinance / Section 25 -68 Snow Removal MOTION: ADOPT (Fitzgerald; second, Pech) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Council Member Cummings asked if there was any flexibility in the rule requiring snow removal from sidewalks within twenty four hours of a snowfall if the plows came through and pushed the snow back onto the sidewalk. PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 Mr. Rohloff explained when dealing with snow removal citations, the City took into consideration that sometimes plows came through and pushed the snow back onto the sidewalk. Ordinance 13 -525 Approve Rezoning 2212 Montana Street from M -3 General Industrial to M -2 Central Industrial (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Council Member Herman stated he had received a call from Jack Meyer, the owner of the property, asking the Council to approve the rezoning ordinance. Ordinance 13 -526 Approve Rezoning 663 West 3rd Avenue from R -2 Two Family to M -2 Central Industrial (Plan Commission Recommends Approval) MOTION: ADOPT (Cummings; second, Allison - Aasby) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Ordinance 13 -527 Approval of Changes in Permit Parking in Ceape Avenue Lot FIRST READING; LAID OVER UNDER THE RULES Ordinance 13 -528 Approval of Loading Zone Definition & Parking Regulation Changes on Bent Avenue, Eagle Street, Liberty Street, North Main Street & 7 t Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 13 -529 Approval of Chapter 27 Revisions with Respect to Parking Meters, Pay Stations, Permit Parking & Leased Parking FIRST READING; LAID OVER UNDER THE RULES Ordinance 13 -530 Authorize Property Record Maintenance Fee & to Repeal Section 2 -30(D) to Remove Assessment Division from Department of Finance; Create Section 2 -35(C) to Reassign the Assessor Division under Community Development FIRST READING; LAID OVER UNDER THE RULES E PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 Resolution 13 -531 Approval of Special Event - Christine Ann Domestic Abuse Services to utilize city streets for their Race for the Light / December 7, 2013 MOTION: ADOPT (Allison - Aasby; second, Clark) CARRIED: Ayes (6) Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Council Member Pech excused himself from the Council dais explaining due to his relationship with the organization he would not be voting on the special event. Resolution 13 -532 Adopt 2014 City Budget MOTION: ADOPT (Fitzgerald; second, Clark) MOTION: AMEND TO ADD $370,000.00 TO REINSTATE HEAVY RESCUE & OFFSETTING OVERTIME (Pech; second, Clark) CARRIED: Ayes (6) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby; Noes (1) Mayor Tower MOTION: AMEND TO ADD $55,000.00 TO REINSTATE ASSISTANT PLANNER (Cummings; second, Clark) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower MOTION: AMEND TO ADD $56,400.00 TO REINSTATE PC HARDWARE TECHNICIAN (Clark; second, Allison - Aasby) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower MOTION: AMEND TO DEDUCT $10,000.00 TO REDUCE CONTRACTUAL SERVICES (PC HARDWARE TECHNICIAN) (Clark; second, Pech) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower MOTION: AMEND TO ADD $150,000.00 TO COMBINE ACROSS THE BOARD & PAY FOR PERFORMANCE INTO ONE POOL (Fitzgerald; second, Pech) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower MOTION: AMEND TO ADD $35,000.00 FOR 200 STREET LIGHTS (Allison - Aasby; second, Herman) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower E PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 MOTION: AMEND TO ADD $39,900.00 ADDITIONAL FEE INCLUDING LATE PERMIT PENALTY FEE (Pech; second, Clark) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower MOTION: AMEND TO ADD $24,000.00; INCREASE YARD WASTE PERMIT FEE FROM $20.00 TO $25.00 (Herman; second, Clark) CARRIED: Ayes (5) Pech, Herman, Clark, Cummings, Allison - Aasby: Noes (2) Fitzgerald, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Gary Gray, 815 W. Linwood Avenue, expressed various concerns regarding the budget. Mayor Tower gave a short history of the budget process and explained the budget was as Mr. Rohloff had originally presented. He explained Council had the opportunity to make amendments to the budget. Council Member Allison - Aasby asked if the reduction in mid block street lights was included in the budget. Mr. Rohloff replied that the reduction of 200 mid block street lights was included in the budget. Council Member Herman wanted to know where the proposed reduction in mid block street lights would be. Mr. Strong explained it was not yet determined which mid block street lights would be turned off. Council Member Cummings asked what the cost would be to implement the reduction in mid block street lights. Mr. Strong indicated the cost to implement the reduction in mid block street lights was unknown as he was unsure how much time the analysis would take. There would not be a cost for Wisconsin Public Service to turn them off. Council Member Herman asked if there was an appeals process for citizens who did not agree with street lights being turned off in their neighborhoods. Mr. Rohloff stated the City would consider complaints from citizens regarding street lights. I PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 Council Member Pech proposed an amendment to add $370,000.00 back into the budget to reinstate heavy rescue and offset overtime for the fire department. Council Member Herman stated all the citizens he heard from opposed a reduction in positions in the Fire Department. Council Member Fitzgerald supported the amendment to add back into the budget the proposed eliminated positions in the fire department, however he was apprehensive the Council could continue the trend to not eliminate public safety positions in future budgets. Mayor Tower opposed the amendment to add back into the budget the proposed eliminated positions in the fire department. He felt the City's safety would not be in jeopardy if a few positions were eliminated in the fire department. Council Member Cummings proposed an amendment to reinstate the assistant planner position. He felt the neighborhood revitalization program would suffer without the position and it was his understanding that much of the compensation of the position was covered by grants. Council Member Pech supported the amendment to reinstate the assistant planner position. He felt the assistant planner position was integral in helping build revenue for the City. Council Member Clark supported the amendment to reinstate the assistant planner position as he felt the position was an investment to help expand the City's tax base. Mayor Tower agreed with the previous arguments and supported the resolution to reinstate the assistant planner position. Council Member Clark felt the role of technology was important and proposed an amendment to reinstate the PC hardware technician position. Council Member Allison -Aasby felt there would be immediate negative implications if the PC hardware technician position was eliminated. She supported the amendment to reinstate the PC hardware technician position. Mayor Tower supported the amendment to reinstate the PC hardware technician position. If the PC hardware technician position was eliminated it would result in a 14% reduction to the IT Department which he felt was too much. Council Member Clark proposed an amendment to reduce the budget by $10,000.00 to offset the contractual services of the IT Department. Council Member Fitzgerald proposed an amendment to combine the across the board raises for City staff and the pay for performance budget into one pool. 7 PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 Council Member Allison -Aasby proposed an amendment to add back the 200 street lights proposed to be turned off. She felt street lights were essential to the citizens of Oshkosh. Council Member Cummings supported the amendment to add back the 200 street lights proposed to be turned off as he felt the cost savings was not adequate. Council Member Fitzgerald supported the amendment to add back the 200 street lights proposed to be turned off. He also felt that the cost savings was not adequate. Mayor Tower supported the amendment to add back the 200 street lights proposed to be turned off citing safety concerns. Council Member Pech proposed an amendment to increase revenues by $39,900.00 in the Community Development budget by including a late permit penalty fee. Council Member Herman proposed an amendment to increase the yard waste permit fee from $20.00 to $25.00. Council Member Cummings asked if the increase was only for residents of Oshkosh. Mr. Rohloff indicated that the year waste permit fee for non residents of the City of Oshkosh would increase from $100.00 to $125.00 under the amendment. Mayor Tower was opposed to the amendment to increase the yard waste permit fee from $20.00 to $25.00. He felt if the fee was higher, citizens would recycle less. Council Member Herman felt the Council and City staff needed to do a better job educating the public on where their tax dollars were allocated. Mayor Tower was unhappy with the escalating personnel costs, and increased fees, however he supported the budget. Council Member Pech stated the Council had numerous workshops to discuss the budget and did not take the task lightly. He felt the City of Oshkosh employees delivered a valuable service and encouraged the public to spend time in each department and watch their government at work. Council Member Fitzgerald was comfortable with the budget and was optimistic that there would be additions to the tax base in the coming years. Council Allison -Aasby noted the Council had been working on the budget since July and were transparent as to the challenges the City faced. Council Member Clark echoed the previous sentiments of the Council and thanked the citizens who contacted him with thoughts regarding the budget. PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 Resolution 13 -533 Approve 2013 Tax Levy Mayor Tower indicated the tax levy for 2013 was $32,031,000.00 which was an increase of 4.66% from the previous year. MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Resolution 13 -534 Approve 2013 Tax Rates MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Mayor Tower explained the new tax rate would be 9.281 which was an increase of 3.849% from the previous year. Resolution 13 -535 Approve 2014 Capital Improvement Plan MOTION: ADOPT (Clark; second, Cummings) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Council Member Herman asked what the cost of the mobile command post for the police department was. Mr. Rohloff stated there was $250,000.00 allocated in the budget for the mobile command post for the police department, however the net cost would be $106,000.00. The purchase of the mobile command post was predicated on the fundraising efforts to raise an additional $144,000.00. Resolution 13 -536 Authorize John A. Mayer, Utility Rate Consultant to Complete & File a Water Rate Increase Application with Public Service Commission of Wisconsin MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Mayor Tower asked for a timeline on the utility rate increase. Mr. Mayer explained the process for the Public Service Commission of Wisconsin to review the application for a water rate increase could take four to five months. Mayor Tower asked what the requested increase to the water rate was. 0 PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 Mr. Mayer stated the requested increase to the water rate was 18.3% with a dollar amount of $2,185,000.00. Council Member Herman felt the water increase was substantial and asked how the dollar amount was determined. Mr. Mayer explained the increase to the water rate was based upon how much the City borrowed to fund water utility improvement projects and to generate funds for new capital improvement projects pertaining to the water utility. Resolution 13 -537 Approval of Fee Schedule for Sewer Use Charges MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Mayor Tower indicated the sewer use charge would increase revenue by 10.8 %. The average household in the City would have an increase of approximately 12.5 %. Resolution 13 -538 Establish Fee for Collection / Recyclables MOTION: ADOPT (Herman; second, Clark) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower Council Member Herman asked for an explanation of the fee for collecting recyclables. Mr. Rohloff explained the $20 fee for collecting recyclables was the result of revenue from the State being significantly reduced for the past couple of years. Council Member Cummings asked if the recyclable collection fee would be reviewed annually. Mr. Rohloff indicated the recyclable collection fee would be reviewed annually. Resolution 13 -539 Resolution Adding a Special Revenue Fund for GASB Statement #54 Reporting MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower 10 PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 Mr. Rohloff explained due to State expenditure restraint limits it was necessary to take the garbage collection and disposal program out of the general fund and create a special revenue fund for it. Under the Governmental Accounting Standards Board (GASB) municipalities must identify special revenue funds. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS A joint workshop with the Common Council, Plan Commission and Landmarks Commission to discuss architectural design standards /draft code would be held on December 3, 2013 at 4:30 p.m. A workshop on special events would be held on January 14 at 4:45 p.m. A joint workshop with the Common Council, Plan Commission and Redevelopment Authority regarding the vision of the river front development would be held on January 28 at 4:45 p.m. Council Member Cummings thought the City should create an Arts and Beautification Committee to generate a vision for the City of Oshkosh. Mayor Tower was leery about adding another commission due to time constraints already placed on Council members and City staff. Council Member Cummings asked for an update on the former Pioneer Inn property. Ms. Lorenson stated since the Council and City staff toured the premises of the former Pioneer Inn property, letters were sent to the property owner regarding the condition of the property. To date the City had not received a response from the property owner. City staff was gathering information geared toward the process of nuisance abatement action. Council Member Cummings asked for the status of the Sawdust Days payment. Mr. Rohloff state the City recently received a check for $6,000.00 which brought the balance to just over $3,000.00. In speaking with Ellen Schmidt, she thought the balance would be paid in full by Christmas. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff did not have any announcements or statements. 11 PROCEEDINGS OF THE COMMON COUNCIL — NOVEMBER 26, 2013 MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(G) OF THE WISCONSIN STATUTES TO CONFER WITH LEGAL COUNSEL WHO WILL GIAVE LEGAL ADVICE CONCERNING STRATEGY TO BE ADOPTED IN REGARD TO LITIGATION IN WHICH THE CITY IS INVOLVED PERTAINING TO CLAIMS FOR EXCESSIVE ASSESSMENT FOR PROPERTIES LOCATED AT 950 S. KOELLER STREET & 315 MURDOCK AVENUE IN THE CITY OF OSHKOSH (WALGREENS CO.) (Herman; second, Cummings) CARRIED: Ayes (7) Pech, Herman, Clark, Fitzgerald, Cummings, Allison - Aasby, Mayor Tower MOTION: ADJOURN (Herman; second, Allison - Aasby) CARRIED: VOICE VOTE The meeting adjourned at 8:13 p.m. PAMELA R. UBRIG CITY CLERK 12 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN ` DECEMBER 3, 2013 n fH[<n 7H SPECIAL MEETING held Tuesday, December 3, 2013, at 6:07 p.m. in the City Manager's Office, City Hall. PRESENT: Council Members Sean Fitzgerald, Steve Cummings, Steven Herman, Deb Allison - Aasby, Tom Pech, Jr. & Mayor Burk Tower EXCUSED: Council Member Kyle Clark ALSO PRESENT: Pamela Ubrig, City Clerk MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION & COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION & EXERCISES RESPONSIBILITY (Herman; second, Cummings) CARRIED: Ayes (6) Fitzgerald, Cummings, Herman, Allison - Aasby, Pech, Mayor Tower MOTION: ADJOURN (Pech; second, Allison - Aasby) CARRIED: VOICE VOTE The meeting adjourned at 6:08 p.m. PAMELA R. UBRIG CITY CLERK 1