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HomeMy WebLinkAbout04. Common Council Minutes from Dec 10, 2013 & Jan 2, 2014 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN ` DECEMBER 10, 2013 OJHKOIH ON THE WATER REGULAR MEETING held Tuesday, December 10, 2013, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Steven Herman, Kyle Clark, Sean Fitzgerald, Steve Cummings, Deb Allison-Aasby, Tom Pech Jr. 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 Herman read the Invocation. The Pledge of Allegiance was led by Natalie Johanknecht and Meredith Weston from Carl Traeger Elementary School; and, Gabrielle Gauthier and Grace Vanden Heuvel from Carl Traeger Middle School. PUBLIC HEARING Ordinance 13-540 Approve Rezoning Block Bounded by Witzel Avenue, Sawyer Street, Southland Avenue & Josslyn Street (Excluding 230 North Sawyer) from R-1 Single Family, R-3 Multiple Dwelling & C-2 General Commercial to C-1 Neighborhood Commercial with a Planned Development Overlay (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES CITIZEN STATEMENTS TO COUNCIL There were no citizen statements. CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt and Filing of Common Council Minutes from November 26, 2013 & December 3, 2013. Resolution 13-541 Authorize Submittal of EPA Brownfields Assessment Grant for Petroleum & Hazardous Substance Grant to be used in Designated Redevelopment Areas & Scattered Sites throughout the Community 1 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 Resolution 13-542 Authorize Submittal of EPA Brownfields Revolving Loan Fund Grant Resolution 13-543 Set Public Hearing Date to Vacate Portion of 1800 Block of Oshkosh Avenue (Plan Commission Recommends Approval) Resolution 13-544 Approve Purchase through State of Wisconsin Cooperative Contract for Cardiac Monitors/Defibrillators ($269,746.17) for Fire Department to Physio Control, Inc. Resolution 13-545 Award Bid for Contract No. 13-17 / Riverside Park Parking Lot Reconstruction /Vinton Construction Co. /$664,666.10 Bernie Pitz, 617 W. Irving Avenue, asked what parking lot was being reconstructed. Mr. Rohloff indicated the parking lot proposed to be reconstructed was the Riverside Park Parking Lot by the convention center. Resolution 13-546 Award Bid for Chemicals for Water Filtration &Wastewater Treatment Plants for 2014 (various amounts) Resolution 13-547 Approve Assignment of Amended Development Agreement for Stoney Beach West Subdivision to CR Property Solutions, LLC Resolution 13-548 Approve Amendment to the Amended Development Agreement for Stoney Beach West Subdivision Resolution 13-549 Approval of Engineering Services Agreement with AECOM for Environmental Engineering Services for Various 2014 Paving & Utility Projects in the Amount of$120,000.00 Resolution 13-550 Approval of Engineering Services Agreement with Mi-Tech Services, Inc. for Sanitary Sewer Lateral Televising in the Amount of$84,880.11 Resolution 13-551 Approval of Engineering Services Agreement with OMNNI Associates, Inc. for 2014-2017 Illicit Discharge Detection-Elimination in the Storm Sewer System in the Amount of$113,352.00 Resolution 13-552 Approve Initial Resolution for Special Assessments / Utility Adjustments, Concrete Paving & Sidewalk - Hunters Ridge Phase 2 Resolution 13-553 Accept & Approve Waiver of Special Assessment Notices & Hearing in Connection with Improvements - Hunters Ridge Phase 2 Resolution 13-554 Approve Developer Agreement - Hunters Ridge Phase 2 2 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 Resolution 13-555 Approve Final Resolution for Special Assessments / Utility Adjustments, Concrete Paving & Sidewalk - Hunters Ridge Phase 2 Resolution 13-556 Approve Various Fees for Park Facilities & Lakeshore Municipal Golf Course (Advisory Parks Board Recommends Approval) Council Member Cummings noted in the budget process it was discussed that the City would charge a fee when entire parks or major portions of parks were rented out. • Mr. Rohloff indicated fees for park rental would be discussed during the upcoming Special Events Workshop. Resolution 13-557 Approve Various Fees for Senior Center Programs Council Member Cummings proposed that all fees be reviewed annually instead of every four or five years to reduce "sticker shock". Mayor Tower noted that the Long Range Finance Committee had prepared a schedule on when certain fees would be reviewed. Mr. Rohloff stated stated due to the departure of the Finance Director, a schedule on when to review fees had not been completed. He stated that would be a goal of the new Finance Director. Council Member Herman asked if the new fees would be posted for citizens to review. Mr. Rohloff stated the fees would be posted where fees are paid, on the City's website and in the City Clerks Office. Resolution 13-558 Approve Various Fees Solid Waste Disposal Council Member Cummings asked for clarification on the "move in-move out" fee. He questioned who would be charged the fee and if the fee was not paid, would it be placed on the tax bill. Mr. Rohloff stated City staff referred to the fee as the "move in-move out" fee; however it was a fee for anyone who left excessive garbage on the curb. He confirmed the fee would be the responsibility of the property owner and if the fee was not paid it would be placed on the property tax bill. Resolution 13-559 Approve Various Fees for Inspection Services Division Resolution 13-560 Establish Assessor Fees for New Construction and New Parcels Resolution 13-561 Approve Application for Fire Act Grant 3 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 Resolution 13-562 Accept Donation of Lucas Heart Compression Device from Altrusa Council Member Herman asked for an explanation on the donation of the Lucas Heart Compression Device. Jim Austad, Battalion Chief of the of Fire Department, explained that Altrusa provided fundraising to acquire Lucas Heart Compression Devices which were used to aid in CPR. With the current donation, the Fire Department had five compression devices and the goal was to have one Lucas Heart Compression Device for each ambulance. Resolution 13-563 Approve Contract Extension for Ambulance Billing with Lifequest Services Council Member Herman asked for an update on ambulance billing. Battalion Chief Austad explained that Lifequest Services billed for City ambulance services. In past years it was difficult for the City to collect unpaid balances not covered by patient insurance or medicare resulting in too many write offs. He gave a history of the prior company that handled the ambulance billing and explained that Lifequest Services was able to recoup uncollected balances for the City. He felt Lifequest Services was an excellent service to work with. Council Member Herman questioned if there were concerns from Finance. Mr. Rohloff stated the City had been satisfied and Lifequest had worked though the challenges of the previous company handing the ambulance billing. Resolution 13-564 Approve 2014 Across the Board Market Increase for Regular Non- Represented Employees Council Member Herman requested Resolution 13-564 be removed from the Consent Agenda for further discussion. Resolution 13-565 Approve Election Inspectors Resolution 13-566 Approve Combination "Class B" License, Operator, Taxi-cab Driver and Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING 13-564 (Cummings; second, Clark) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower 4 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 Resolution 13-564 Approve 2014 Across the Board Market Increase for Regular Non- Represented Employees MOTION: ADOPT (Allison-Aasby; second, Herman) MOTION: AMEND 1% TO 2% ACROSS THE BOARD INCREASE EFFECTIVE JANUARY, 2014 (Herman; second, Clark) CARRIED: Ayes (5) Herman, Clark, Cummings, Allison-Aasby, Pech; Noes (2) Fitzgerald, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (5) Herman, Clark, Cummings, Allison-Aasby, Pech; Noes (2) Fitzgerald, Mayor Tower Council Member Herman proposed an amendment effective January 1, 2014 that the 1% across board increase for non represented employees be increased to 2%. Mayor Tower explained that Resolution 13-564 was a request to reconsider a motion made by Council Member Fitzgerald at the November 26, 2013 Council Meeting that would combine the pay for performance program with the proposed 2.5% across the board increase to non represented employees, thus cutting $150,000.00 from the budget. Council Member Herman explained he misunderstood the amendment made by Council Member Fitzgerald at the November 26, 2014 Council Meeting. Since not all employees would receive pay for performance bonuses or step increases in pay, he felt a 2% increase across the board increase for non represented employees was in order due to increasing benefit costs to employees and the fact that non represented employees had gone years without a pay increase. Council Member Fitzgerald did not support the amendment that the 1% across the board increase for non represented employees be increased to 2%. If the amendment was approved, it would increase the budget by $108,000.00. Mayor Tower stated his opposition to the amendment. He felt the amendment should have been made and discussed at the November 26, 2014 Council Meeting at which time a revenue offset to the budget could have been made. Approving this amendment would be adding $100,000.00 to the budget. He questioned if there would be a follow-up motion to identify where these funds would come from, indicating the need for a balanced budget. He believed in rewarding employees and felt that was accomplished with the initiall%. Council Member Herman asked Mr. Fitzpatrick how the proposed amendment integrated with the compensation study that was completed a few years back. 5 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 John Fitzpatrick, Director of Administrative Services, clarified the City's pay plan was known in the marketplace as a highbred pay plan as it retained the elements of steps which was familiar to the public sector in the past, but also included a component for pay for performance. He explained, using the analogy of a three-legged stool, the City's pay plan had three components; steps, an across the board increase that maintained the integrity of the City's link to the market, and pay for performance. He further explained that steps were a way for the City to hire below the market rate. Through training over a five year period employees were stepped up to the market rate. The purpose of the across the board increase was to maintain the integrity of the City's compensation plan in relationship to the market. If across the board increases were not provided to maintain the structure of the pay plan, it would be hard for the City to retain employees or hire new employees. The third component, pay for performance, was a way to incentivize a performance based culture. He explained the City's current highbred pay plan was a stepping stone to move employees toward a pure, performance based culture. Mayor Tower stated the pay plan was not at issue; it was the amount of money allocated for the across the board increase component. Council Member Allison-Aasby apologized for misunderstanding the amendment proposed by Council Member Fitzgerald at the November 26, 2013 Council Meeting. She had confidence in City staff that out of the $67,000,000.00 budget they could trim $108,000.00. Council Member Clark also apologized for misunderstanding the amendment proposed by Council Member Fitzgerald at the November 26, 2013 Council Meeting. He acknowledged he was busy recalculating budget numbers during the November 26, 2013 meeting and did not realize his misunderstanding until after the meeting. He stated $108,000.00 represented one tenth of one percent of the total operating budget and that he was confident that Council and staff could find funds on the expenditure side of the budget to allow employees a 2% increase. He felt it was better to discuss the misunderstanding at the current meeting rather than not discuss it at all. Council Member Pech echoed the previous statements made by Council Members Allison- Aasby and Clark. He felt City employees should be rewarded for the vital services they provided to the citizens of Oshkosh and was confident that the Council and City staff could trim the budget by $108,000.00. ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 13-567 Approval of Changes in Permit Parking in Ceape Avenue Lot MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Council Member Herman stated the proposed parking changes were needed in order to make the Ceape Avenue Parking Lot consistent with the other City parking lots. 6 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 Ordinance 13-568 Approval of Loading Zone Definition & Parking Regulation Changes on Bent Avenue, Eagle Street, Liberty Street, North Main Street & 7th Avenue MOTION: ADOPT (Herman; second, Clark) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Ordinance 13-569 Approval of Chapter 27 Revisions with Respect to Parking Meters, Pay Stations, Permit Parking & Leased Parking MOTION: ADOPT (Clark; second, Cummings) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Ordinance 13-570 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 MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Ordinance 13-571 Approval of Building, Electrical & Plumbing Code Changes to Include Fees in a Fee Schedule (Staff Recommends Waiving the Rules and Adopting on First Reading) MOTION: SUSPEND RULES FOR CONSIDERATION (Clark; second, Pech) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower MOTION: ADOPT Allison-Aasby; second, Cummings) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Ordinance 13-572 Amend Solid Waste Disposal Ordinance for Special Pre-Paid Pick up to Include Fees within Fee Schedule (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES FOR CONSIDERATION (Clark; second, Cummings) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower 7 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Ordinance 13-573 Approve Boat Launch User Fees (Staff Recommends Waiving the Rules &Adopting on First Reading) MOTION: SUSPEND RULES FOR CONSIDERATION (Clark; second, Cummings) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Council Member Herman asked if the proposed boat launch fees were consistent with other municipalities using the Lake Winnebago System. Ray Maurer, Parks Director, stated his staff completed a survey of surrounding communities and the proposed boat launch fees were consistent with the communities in Winnebago County. Council Member Herman asked if the boat launch fees had to be used for boat launch improvements. Mr. Maurer stated the boat launch fees were placed in a segregated fund and had to be used for boat launch maintenance and improvements. Council Member Herman asked how the boat launch fees were charged during fishing tournaments. Mr. Maurer explained if a fishing tournament had a certain amount of entrants (he thought the number was 200), the organizer could opt to pay $250.00 to rent the boat launch for the entire day, otherwise each boat registered in the tournament would be charged the daily boat launch fee. Ordinance 13-574 Establish Street Grades / Hunters Ridge Phase 2 /White Tail Lane, Elk Ridge Drive, Ruffed Grouse Way (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES FOR CONSIDERATION (Clark; second, Cummings) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower 8 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 MOTON: ADOPT (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Resolution 13-575 Accept Winnebago County Per Capita Funding for Economic Development & Authorize Payment of Funds to Chamco to Support Economic Development Efforts on Behalf of the City & Approve Agreement with Chamco for 2014 Economic Development Services MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Elizabeth Hartman, 43 E. 7th Avenue, represented Chamco. She explained that Chamco was an independent, private not for profit organization with a mission to advance industry and economic development in the Oshkosh area. She gave the Council an overview of 2013 and 2014 projects. She stated Chamco was asking the City for $37,500.00 and a portion of the City's allocation of Winnebago County's per capita contribution to support public/private partnership for economic development in the amount of $28,400.00. She also requested additional funds of $39,000.00 to support special initiatives that Chamco was working on including the aviation business park, setting up the revolving loan fund and website enhancements. Council Member Fitzgerald asked what the size of Chamco's budget was. Ms. Hartman replied the budget for Chamco was just under $300,000.00. Council Member Allison-Aasby asked Ms. Hartman to explain how the grant regarding the aviation park came about. Ms. Hartman explained that Chamco had been engaged in the effort to develop the aviation business park for some time. Through discussions with the East Central Wisconsin Regional Planning Commission, Chamco learned about an economic development grant to assist with the aviation park infrastructure. Working with the City, the County, and the University of Wisconsin-Oshkosh, the group was able to collaborate and complete the tedious grant application to secure $2,000,000.00 to put the aviation park infrastructure in place. Council Member Fitzgerald asked why the City was disbursing funds in addition to the Winnebago County per capita funding for economic development to Chamco instead of using those funds for the City's Community Development programs or GO EDC. Mr. Rohloff explained how the funds were disbursed regarding the Winnebago County per capita funding for economic development. He stated there was a provision in the 2014 contract with Chamco should GO EDC or a public/private economic development entity arise Chamco would be required to refund the City. 9 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 Council Member Herman questioned what modifications would be made if the County did not grant their per capita funding for economic development. Allen Davis, Director of Community Development, indicated he expected the County to grant their dollar per capita. He explained that the City had requested the funding from the County, however the County would not commit to the funds until January or February. Council Member Herman asked if the City retained the remaining approximate $44,000.00 to use for economic development projects. Mr. Davis stated the remaining funds could be used for Chamco projects or other economic development projects the City chose to do. Mr. Rohloff stated in the past the City used the remaining economic development funds to hire consultant David Ward regarding strategic economic planning and the purchase of new software. Council Member Cummings thanked Ms. Hartman for her presentation and her work with Chamco. Council Member Clark supported the resolution as he felt it was a method in which the City could "grow out" of its budget concerns. Resolution 13-576 Approval Settlement for Land Purchase from August Pitz and sons at 702 West 3rd Avenue in the Amount of$69,750.00 for the Upgrade to the Public Works Field Operations Facility MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Bernie Pitz, 617 W. Irving Avenue, owner of the property at 702 W. 3rd Avenue gave the history of the family business along with zoning challenges. He expressed his displeasure with the eminent domain process. Mayor Tower explained negotiations for the land purchase for the property at 702 W. 3rd Avenue had been ongoing. Mr. Rohloff confirmed the negotiations were complete and an agreement was reached. Ms. Lorenson indicated the agreement for the land purchase from August Pitz and sons at 702 West 3rd Avenue was signed by Mr. Pitz. Council Member Clark asked what the assessed fair market value of the property was for tax purposes. 10 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 Mr. Rohloff indicated he did not have the assessed fair market value information with him at the meeting. Resolution 13-577 Approve Pay for Performance Payment for 2013 to City Manager MOTION: ADOPT (Cummings; second, Clark) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Mayor Tower explained the Deputy Mayor took the lead on the City Manager evaluation. Council Member Herman explained the five goals set forth to the City Manager by the Council for 2013. The Council felt City Manager Rohloff achieved his goals although some goals were a work in progress. The Council approved $4,000.00 as a pay for performance payment to Mr. Rohloff. He stated the Council was still discussing the 2014 goals for the City Manager. Resolution 13-578 Approve City Manager Performance Evaluation for 2013 and 2014 Compensation MOTION: ADOPT (Cummings; second, Herman) CARRIED: Ayes (7) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Mayor Tower Council Member Herman explained the process of evaluating the performance of the City Manager. The Council felt Mr. Rohloff did a great job in 2013 and upon completion of a compensation analysis the Council thought it was appropriate to increase his salary from $127,500.00 to $134,000.00. Mayor Tower complimented Council Member Herman on starting the process of evaluating the City Manager earlier than in the past as to have it completed by year end. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A workshop on Special Events would be held on January 14th 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 28th at 4:45 p.m. CITIZEN STATEMENTS TO COUNCIL Patricia Diener, 1316 Broad Street, stated she her concerns with property owners maintaining their sidewalk (snow shoveling) for handicapped individuals and was happy that Wisconsin Public Service was removing old utility poles throughout the City. 11 PROCEEDINGS OF THE COMMON COUNCIL— DECEMBER 10, 2013 CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff thanked Mayor Tower and Council Members for their support and stated he looked forward to continuing to work together. He announced the purchase of an automailer for the IT Department using bids through the State of Wisconsin Cooperative. Also, an engineering services agreement was made with AECOM for design and construction related services for Various 2014 Capital Improvement Projects. He provided the Council with a summary of the bond/note orders for the recent bond issuances. Mayor Tower announced that the Council would not be meeting again until after the first of the year. MOTION: ADJOURN (Cummings; second, Clark) CARRIED: VOICE VOTE The meeting adjourned at 8:01 p.m. PAMELA R. UBRIG CITY CLERK 12 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN (--11,-) JANUARY 2, 2014 OIHKOTH ON THE WATER SPECIAL MEETING held Thursday, January 2, 2014, at 7:30 a.m. in the Council Chambers, City Hall. Mayor Tower presided PRESENT: Council Members Kyle Clark, Sean Fitzgerald, Steve Cummings, Deb Allison- Aasby, Tom Pech, Jr., Steven Herman and Mayor Burk Tower ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, and Lynn Lorenson, City Attorney Resolution 14-01 Authorize Jurisdictional Offer for the Upgrade to the Public Works Field Operations Facility in the Amount of $69,750.00 (702 West Third Avenue) MOTION: ADOPT (Herman; second, Clark) CARRIED: Ayes (7) Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Mayor Tower Ms. Lorenson explained the City had an agreement with Mr. Pitz to purchase the property at 702 West Third Avenue for the amount of $69,750.00. The agreement fell through as Mr. Pitz wanted money for other items including additional relocation expenses. The City felt, under State Statutes, it was not obligated to pay anything other than the agreed purchase price. The closing for the property was to take place on or before December 31, 2013. Since the closing did not take place, the City brought forward Resolution 14-01 to the Council. Mr. Rohloff further explained per the agreement, as of Tuesday evening, December 31, 2013, Mr. Pitz was in default. The City advised Mr. Pitz's attorney, that if Mr. Pitz did not fulfill the terms of the agreement the City would begin the jurisdictional offer process. Council Member Cummings asked what the steps were in the jurisdictional offer process. Ms. Lorenson explained she would contact Mr. Pitz's attorney to ask if Mr. Pitz intended on completing the deal per the agreement. If Mr. Pitz did not intend to complete the deal per the agreement the City would file the jurisdictional offer with the court system and take ownership of the property. She suspected Mr. Pitz would not comply with the agreement, however she wanted to give him the courtesy of asking. Mr. Rohloff stated the City anticipated construction of the second phase of the Public Works Field Operations Facility to begin by April 1, 2014. In order for construction to stay on track, the City needed to take ownership of the property in order to clear it and do asbestos testing. Mr. 1 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 2, 2014 Pitz was allowed thirty days to remove his belongings from the property, so the sooner the City took ownership of the property would be better. Council Member Herman asked if the City could sell items left on the property should Mr. Pitz refuse to remove them. Mr. Rohloff stated if Mr. Pitz did not remove his belongings from the property, the City was required to store them at Mr. Pitz's expense. Per State Statute there was a $50,000.00 limit on relocation costs and the cost to store Mr. Pitz's belongings would be attributed to it. Ms. Lorenson indicated at some point the belongings would be considered abandoned and the City could dispose of them. Council Member Herman was concerned that Mr. Pitz would accuse the City of damaging his belongings. Mr. Lorenson stated City staff had taken photos of the contents of the property and that the City was prepared to defend itself should accusations of damage to property be made. Council Member Allison-Aasby was concerned that Mr. Pitz would hold out for more money from the City. Mr. Rohloff stated although Mr. Pitz was being difficult and uncooperative, ultimately he had signed the agreement for the deal to take place. Since there was a signed agreement Mr. Pitz could not hold out for additional money. The Council as a whole, expressed their frustration with Mr. Pitz and agreed that the City bargained in good faith. The Council felt that the process of the jurisdictional offer was appropriate under the circumstances. MOTION: ADJOURN (Pech; second, Clark) CARRIED: VOICE VOTE The meeting adjourned at 7:59 a.m. PAMELA R. UBRIG CITY CLERK 2