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PCC
ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
M14,2013
AY
REGULAR MEETING held Tuesday, May 14, 2013, at 6:00 p.min the Council Chambers,
.
City Hall.
Mayor Tower presided.
PRESENT: Council Members Kyle Clark, Sean Fitzgerald, Steven Herman, Steve
Cummings, Tom Pech, Jr. and Mayor Burk Tower
EXCUSED: Deb Allison-Aasby
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney; and Dave Patek, Director of Public Works
Council Member Clark read the Invocation.
The Pledge of Allegiance was led by Kate and Spencer Gassere from Emmeline Cook
Elementary School, and, Christopher Stack and Isabella Airola from Oaklawn Elementary
School.
PH
UBLIC EARINGS
Resolution 13-222 Approve Final Resolution Vacating Portions of West Waukau Avenue
& Knapp Street Adjacent to Wittman Regional Airport (Plan
Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
Resolution 13-223 Approve Final Resolution for Special Assessments / Storm
Sewer Laterals / Various Locations
MOTION: ADOPT (Herman; second, Cummings)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
Tom Fox, 931 Dove Street, objected to having a storm sewer lateral placed in front of his
home due to the fact that his sump pump drained into his back yard.
Assistant Director of Public Works, Steve Gohde, explained that the property owner
adjacent to 931 Dove Street requested to have a storm sewer lateral placed in front of his
property (925 Dove Street) to alleviate standing water in his back yard. In an effort to not
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ROCEEDINGS OF THE OMMON OUNCIL AY
have to come back in the future and dig up the street again, it was necessary for the City to
place a storm sewer lateral in front of Mr. Fox’s property also.
Mayor Tower asked what relief the storm sewer laterals would provide to the property
owners.
Mr. Gohde replied the storm sewer lateral would direct sump pump discharge into the storm
water system away from the property instead of infiltrating the water back into the ground
and recycling it back to the sump pumps.
Council Member Fitzgerald asked if there was precedent for installing storm sewer laterals
to properties whose owners did not request them.
Mr. Gohde explained there was past precedent for installing storm sewer laterals to
properties whose owners did not request them. Typically when there was not an existing
storm sewer in front of a certain property the City had to install a mini storm sewer in front of
multiple properties in order for service. It made sense to have all the properties hook up to
the storm water system simultaneously so the City did not have to dig up the street over and
over again.
Mayor Tower asked what the additional cost would be if the City had to come back and dig
up the street.
Mr. Gohde explained to the homeowner the additional cost would be whatever the increase
in the cost of the lateral was. The cost to the City would be restoration to the street,
sidewalk replacement, terrace restoration, and contract mobilization.
Mr. Patek stated the cost to dig up and replace the street would be between two thousand
dollars and five thousand dollars.
A resident of 931 Dove Street stated the property at 925 Dove Street had a higher elevation
than her property, therefore the sump pump discharge from 931 Dove Street did not go into
the yard at 925 Dove Street. She indicated that the sump pump at 925 Dove Street drained
into the front yard over the sidewalk and created ice issues in the winter.
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ITIZEN TATEMENTS TO OUNCIL
Daniel Lynch, 310 S. Eagle Street, felt the City Police should ticket underage smokers more
often near Oshkosh West High School.
Bob Cornell, 548 W. Smith Avenue, was the Chairman of the Board of Appeals for the City
of Oshkosh and invited new council members Kyle Clark and Sean Fitzgerald to attend a
Board of Appeals Meeting. He also invited the public to attend a meeting at the Senior
Center regarding future expansion of the North Building.
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Patricia Diener, 1310 Broad Street, was concerned about citizens dumping trash on private
property.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director
Approval of Cash Report for March 2013
Receipt and Filing of Minutes
A) Common Council - April 16, 2013
B) Museum Board - March 7, 2013
C) Library Board - March 28, 2013
Resolution 13-224 Approval of Professional Services Agreement for Permitting,
Construction Documents, Bidding & Construction Management for
Proposed Parking Lot Improvements at Riverside Park / AECOM
($163,415.00)
Resolution 13-225 Approval of Amendment for Engineering Services Agreement for
Various 2013 CIP Projects / AECOM ($35,000)
Resolution 13-226 Approval of Agreement for Cellular Antenna Installation Lease
Renewal with Airadigm Communications for Washburn Street Water
Tower
Resolution 13-227 Approve Street Dedications for Cul-de-Sacs at Northerly Terminus of
Knapp Street and Easterly Terminus of West Waukau Avenue (Plan
Commission Recommends Approval)
th
Resolution 13-228 Approve Setting Public Hearing Date to Vacate Portion of West 7
Avenue, North of Koeller Street (Plan Commission Recommends
Approval)
Resolution 13-229 Approve Conditional Use Permit for Machine Shop / Plumbing
Contractors Shop at 1027 Michigan Street (Plan Commission
Recommends Approval)
Resolution 13-230 Approval of Land Purchase from John E. Meyer at 155 South Campbell
Road in the amount of $59,100.00 for the Upgrade to the Public Works
Field Operations Facility
Resolution 13-231 Award Bid for Half Ton Utility Locator Van for Public Works Department
to L & S Truck Center for $33,349.00
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Resolution 13-232 Award Bid for Half Ton Extended Cab Pickup Truck for Public Works
Department to Badger Truck Center for $32,675.00
Resolution 13-233 Award Bid for Dirt Screener for Street Division to Argus Industrial
Company LLC for $25,394.60
Resolution 13-234 Award Bids for various water materials and brass goods for 2013 for the
Water Utility Division to Ferguson Waterworks, HD Supply Waterworks
& First Supply LLC (various amounts)
Resolution 13-235 Award Bid for Half Ton Extended Cab Pickup Truck for Parks
Department to Badger Truck Center for $29,275.00
Resolution 13-236 Award Bid for Single Axle Truck Chassis & Jetter Body for Wastewater
Utility to Wisconsin Kenworth and Bruce Municipal Equipment Inc. for a
WITHDRAWN BYSTAFF
total of $230,436.00
Resolution 13-237 Approval of Special Event - Oshkosh Garden Club to utilize front
grounds of the Oshkosh Museum for their Oshkosh Garden Club Plant
Sale / May 18, 2013
Resolution 13-238 Approval of Special Event - Oshkosh Patriotic Council to utilize city
streets and Riverside Cemetery for their Memorial Day Procession and
Services / May 27, 2013
Resolution 13-239 Approval to Larry Meads to utilize South Park for Memorial Day
Reading of Names on War Monuments / May 27, 2013
Resolution 13-240 Disallowance of Claim by Brenda Francis
Resolution 13-241 Disallowance of Claim by Jeremy Beck
Resolution 13-242 Approve Special Class “B’ Licenses, Combination “Class B”
License, Class “C” Wine License, Operator Licenses and Taxi-Cab
Driver License
MOTION: ADOPT CONSENT AGENDA (Cummings; second, Pech)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
TOAR
ACTION AKEN ON RDINANCES ND ESOLUTION
Ordinance 13-243 Approval of Changes in Permit Parking Enforcement, Permit Parking
and Short-term Parking Areas in Washington Avenue Parking Lot
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MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
Ordinance 13-244 Approval of Temporary Parking on the West Side of Summit Avenue
during New York Avenue Street Construction Project
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
Resolution 13-245 Authorize Submittal of Site Assessment Grant Application to WEDC on
Behalf of Six Rivers Investments LLC for the Jeld-Wen Property on
West 6th Avenue
MOTION: ADOPT (Cummings; second, Clark)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman
Present (1) Mayor Tower
Mayor Tower stated he would vote present as he had a family member involved in the
transaction.
Resolution 13-246 Obligate Funds & Authorize Escrow Agreement for Current Allowable
Project Costs for TIF #9 – Washburn Street
MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
Council Member Herman asked if TIF #9 was consistent with the newly created TIF Policy.
Mr. Rohloff stated TIF #9 was created prior to the new policy being drafted.
Mayor Tower asked why there was a need to put money away for a trail.
Mr. Rohloff explained that TIF #9 was one of the City’s oldest TIF Districts and the City was
required to expend or commit funds within a certain amount of time, which in this case was
June 1, 2013.
Director of Community Development, Allen Davis, explained that during the creation of the
Bicycle and Pedestrian Plan the trail along Washburn Avenue was identified as a route the
City wanted implemented into the plan. Due to the TIF period expiring and the fact there
was not a lot of property owners along the proposed section of Washburn Street to acquire
right of way for the trail, City staff felt it made more sense to use the TIF rather than tax
payer dollars to implement the trail.
Council Member Cummings asked if the City had planned for sidewalks from Dickinson
Avenue to Highway 44.
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Mr. Patek explained the area from Dickinson Avenue to Highway 44 was in the Town of
Algoma, however the boundary agreement stated it would be part of the City of Oshkosh in
the year 2018.
Council Member Herman felt the proposed trail would reduce the potential for an accident
for citizens attending events at Ford Festival Park.
Council Member Clark felt using the TIF instead of tax payer dollars made sense.
Mayor Tower was concerned if the benefit of the trail was worthy of the money being spent.
Council Member Pech asked for clarification that the Council was being asked to set the
funds aside and not expend them.
Mr. Rohloff explained in Resolution 13-246 the Council was being asked to set the TIF
funds aside. In the following resolution, the Council would be asked to spend $177,800.00
for design services for the trail.
Mayor Tower asked what would happen to the TIF money if the trail was not implemented.
Mr. Rohloff explained if the TIF dollars were not used for the trail the money would be
distributed back to the taxing entities.
Resolution 13-247 Approval of Professional Services Agreement for Design Engineering
Services for Multi-Use Trail along Washburn Street / Strand Associates
($177,800.00)
MOTION: ADOPT (Cummings; second, Clark)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
Resolution 13-248 Approval of Performance Evaluations / Pay for Performance Focus
Group Report, Recommendations & Corresponding Performance
Evaluation Template for all Regular Non-Represented Employees
MOTION: ADOPT (Pech; second, Herman)
MOTION: AMEND PERFORMANCE EVALUATION PAY FOR PERFORMANCE
ST
FOCUS GROUP REPORT RECOMMENDATION (PAGE 11) 1
BULLET POINT TO READ “A LUMP SUM NON BASE BUILDING
SALARY ADJUSTMENT”. (Cummings; second, Pech)
CARRIED: Ayes (5) Clark, Fitzgerald, Cummings, Pech, Mayor Tower
Noes (1) Herman
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
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Bob Cornell, 548 W. Smith Avenue, felt the Pay for Performance Focus Group did a great
job and urged the Council to approve the resolution.
Council Member Cummings asked if the lump sum salary adjustment listed under bullet
number one on page 11 of the Performance Evaluation Pay for Performance Focus Group
Report would affect the employee’s base salary.
Assistant City Manager, John Fitzpatrick, stated the lump sum salary adjustment listed
under bullet number one on page 11 of the Performance Evaluation Pay for Performance
Focus Group Report would not affect the employee’s base salary.
Melinda Rothe, who works in the Transit Department for the City of Oshkosh, asked if the
resolution pertained to all employees or only non represented employees.
Mr. Fitzpatrick replied the resolution pertained to non represented employees as the City
would have to negotiate pay for performance with represented employees.
Ms. Rothe felt all employees, represented or not, should be eligible for pay for performance
bonuses.
Council Member Fitzpatrick recognized the Pay for Performance Focus Group on doing a
great job.
Council Member Herman asked if employees would be eligible for pay for performance
bonuses in 2013 or if the program would begin in 2014.
Mr. Fitzpatrick stated the pay for performance plan proposed in the resolution was to be
implemented in 2014.
Council Member Herman asked how often the pay for performance would be evaluated.
Mr. Fitzpatrick replied the pay for performance plan would be evaluated on an annual basis
by City staff.
Resolution 13-249 Approval of Employee Handbook Updates
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
Mr. Rohloff explained what changes were made to the employee handbook with respect to
the pay for performance plan.
CD,DCM&FAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEM
A workshop with the Winnebago Apartment Association would be held on May 28, 2013.
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Council Member Herman asked for an update on the Compressed Natural Gas (CNG)
garbage trucks versus the diesel garbage trucks.
Mr. Rohloff explained that the maintenance costs for the diesel trucks were higher as those
trucks were older than the CNG trucks. He reported that the fuel costs for the CNG garbage
trucks were $1.24 per mile while the diesel garbage trucks fuel costs were $1.58 per mile.
When factoring maintenance and fuel costs, the CNG trucks cost per mile was a $1.51 and
$2.21 cost per mile for the diesel trucks.
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ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements.
CMS
OUNCIL EMBER TATEMENTS
Council member Pech recognized recipients of the Convention and Visitors Bureau Awards
and the City of Oshkosh Special Events Committee for their efforts in bringing tourism to the
City of Oshkosh.
Mayor Tower asked Council Members to participate in the Fourth of July Parade.
CMA&S
ITY ANAGER NNOUNCEMENTS TATEMENTS
Mr. Rohloff reported that he and City staff met with residents of Goss Court to determine
what could be done regarding their drainage issues. He also stated the Quarterly Strategic
Plan was included in the Council Packets.
MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION TO
DISCUSS BARGAINING OPTIONS, STRATEGY, AND PARAMETERS
RELATED TO THE NEGOTIATION OF COLLECTIVE BARGAINING
AGREEMENTS WITH LOCAL NO. 316, I.A.F.F. OSHKOSH FIRE
DEPARTMENT, OSHKOSH FIRE DEPARTMENT CHIEF OFFICERS,
OSHKOSH PROFESSIONAL POLICE OFFICERS ASSOCIATION,
OSHKOSH POLICE SUPERVISORS ASSOCIATION AND AFSCME 796
(TRANSIT) PURSUANT TO SECTION 19.85(1)(e) OF THE WISCONSIN
STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS
REQUIRE A CLOSED SESSION (Herman; second, Fitzgerald)
CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower
MOTION: ADJOURN (Clark; second, Cummings)
CARRIED: VOICE VOTE
The meeting adjourned at 7:55 p.m.
PAMELA R. UBRIG
CITY CLERK
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