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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN O22,2013 CTOBER REGULAR MEETING held Tuesday, October 22, 2013, at 6:00 p.min the Council . Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Sean Fitzgerald, Steve Cummings, Tom Pech, Jr., Steven Herman, Kyle Clark & Mayor Burk Tower EXCUSED: Council Member 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 Fitzgerald read the Invocation. The Pledge of Allegiance was lead by Porter Lippert & Gavin Stelter from St. Francis Cabrini Elementary School; and, Joey Mundinger & Ruby Kilde from St. Elizabeth Ann Seton School. P ROCLAMATION A proclamation was presented by Mayor Tower proclaiming the City’s commendations to Aurora Medical Center - Oshkosh, for providing ten years of exceptional quality and outstanding service to the community. PH UBLIC EARING Resolution 13-466 Approve Final Resolution Vacating Alley between Libbey Avenue & East Smith Avenue; and Mount Vernon Street & Ashland Street MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Fitzgerald, Cummings, Pech, Herman, Clark, Mayor Tower CSC ITIZEN TATEMENTS TO OUNCIL Gary Gray, 815 W. Linwood Avenue, expressed his thoughts regarding the City budget. CA ONSENT GENDA Approval of Bills presented by the Finance Director. Receipt & Filing of Museum Board Minutes from September 5, 2013. 1 PCC–O222013 , ROCEEDINGS OF THE OMMON OUNCIL CTOBER Receipt & Filing of Common Council Minutes from October 8, 2013. Resolution 13-467 Approve Purchase of Play Equipment for Teichmiller Park from Gerber Leisure Products ($39,933.00) (Advisory Park Board Recommends Approval) Melissa Kendall, 1828 Plymouth Street, was excited about the play equipment for Teichmiller Park and encouraged the Council to vote in favor of the resolution. Council Member Herman asked for an explanation of the type of playground equipment the City purchased for Teichmiller Park. Ray Maurer, Parks Director, explained the playground equipment consisted of spinner seats, slides, various swings and a climbing net. He stated there were dedicated structures specifically for the two to five year old age group and the five to twelve year old age group. Council Member Herman asked if the playground equipment met the standards of the Americans with Disabilities Act (ADA). Mr. Maurer replied all of the equipment was ADA compliant and that next Spring City staff would construct a perimeter walkway around the entire play structure and an accessible walkway coming up from the cul de sac area. Resolution 13-468 Award Bid for Leaf Vacuum, Truck Chassis & Dump Body Equipment for Street Division to Stepp Equipment Company, Packer City International & Monroe Truck Equipment ($244,205.00) Resolution 13-469 Accept Donation of Flag Pole for Opera House Square from Oshkosh Area Community Foundation (Advisory Park Board Recommends Approval) Resolution 13-470 Approve Agreement between City of Oshkosh & UW-Oshkosh Foundation for Carl Steiger Park Improvements & Maintenance (Advisory Park Board Recommends Approval) Resolution 13-471 Approve Agreement between the City of Oshkosh & the Towns of Algoma, Blackwolf, Nekimi, Omro, Poygan, Rushford, Utica, Winneconne, Village of Winneconne & City of Omro for Ambulance Services Gary Gray, 815 W. Linwood Avenue, felt that ambulance service provided to nearby townships and cities should be paid for by user fees and not the tax payers of the City of Oshkosh. Council Member Herman requested that Resolution 13-471 be pulled from the Consent Agenda for separate discussion. 2 PCC–O222013 , ROCEEDINGS OF THE OMMON OUNCIL CTOBER Resolution 13-472 Award Bid for Public Works Contract No. 13-22 to Visu-Sewer Inc. for Sanitary Sewer Rehabilitation on Various Streets ($335,812.25) Resolution 13-473 Approval of Purchase of Wetland Mitigation Credits for the James Road Area & the National Guard Armory Area Stormwater Detention Basins from Wolf River Basin Mitigation Bank ($96,000.00) Council Member Cummings asked for an explanation of what the Wolf River Basin Mitigation Bank was. Mr. Rohloff explained the Wolf River Basin Mitigation Bank was a land bank created for situations when an area of land was not large enough to have a dedicated wetland area that the City could mitigate. The City would buy into a larger area that the State had purchased so as to complete the requirement for wetland mitigation. It was more economical for the City to purchase credits from the mitigation bank as the maintenance for the wetland area would be provided by the State of Wisconsin instead of the City of Oshkosh. Resolution 13-474 Approve Initial Resolution for Special Assessments / Coldmix Asphalt Paving (Alley north of 21st Avenue & east of Oregon Street) Resolution 13-475 Resolution determining to issue General Obligation Corporate Purpose Bonds, Series 2013B, of the City of Oshkosh, Winnebago County, Wisconsin, in an aggregate principal amount not to exceed $9,120,000, providing details, prescribing the form of bond and levying taxes Council Member Herman asked for an explanation of general obligation corporate purpose bonds, general obligation promissory notes, and revenue bonds. Todd Taves, 375 Bishops Way, Brookfield, Wisconsin, explained that bonds and notes were used as a way for the City to finance the projects it had already committed to. Resolution 13-476 Resolution determining to issue General Obligation Promissory Notes, Series 2013C, of the City of Oshkosh, Winnebago County, Wisconsin, in an aggregate principal amount not to exceed $1,710,000, providing details, prescribing the form of note, awarding the notes to the best bidder & levying taxes Resolution 13-477 Resolution providing for the issuance and sale of Sewer System Revenue Bonds, Series 2013D, of the City of Oshkosh, Winnebago County, Wisconsin, in an aggregate principal amount not to exceed $4,315,000, providing details, prescribing the form of bond and providing for the payment of said revenue bonds & other details & covenants with respect thereto 3 PCC–O222013 , ROCEEDINGS OF THE OMMON OUNCIL CTOBER Resolution 13-478 Resolution providing for the issuance and sale of Water System Revenue Bonds, Series 2013E, of the City of Oshkosh, Winnebago County, Wisconsin, in an aggregate principal amount not to exceed $3,975,000, providing details, prescribing the form of bond and providing for the payment of said revenue bonds & other details & covenants with respect thereto Resolution 13-479 Approval Special Event - BID to utilize city streets for their Downtown Oshkosh Widows’ Weekend Horse and Carriage Rides / November 23, 2013 Resolution 13-480 Approval of Special Event - Festival Foods, Oshkosh YMCA, and the Boys & Girls Club to utilize city streets for their Turkey Trot / November 28, 2013 Resolution 13-481 Disallowance of Claim by Steve & Rebecca Kaiser Resolution 13-482 Approve Combination Class “A” License & Special Class “B” Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 13-471 (Pech; second, Clark) CARRIED: Ayes (6) Fitzgerald, Cummings, Pech, Herman, Clark, Mayor Tower Resolution 13-471 Approve Agreement between the City of Oshkosh & the Towns of Algoma, Blackwolf, Nekimi, Omro, Poygan, Rushford, Utica, Winneconne, Village of Winneconne & City of Omro for Ambulance Services MOTION: ADOPT (Cummings; second, Pech) CARRIED: Ayes (6) Fitzgerald, Cummings, Pech, Herman, Clark, Mayor Tower Council Member Herman asked how many ambulance calls were made to outlying communities in the past year. Tim Franz, Fire Chief, stated in 2012 the number of ambulance calls to outlying communities was 1,101. The number of all ambulance calls for 2012 was 7,106 for the entire service area including the City of Oshkosh. Council Member Herman asked how many ambulances could be out of the City at one time. Chief Franz stated in the past due to vehicle accidents there had been three ambulances out of the City at one time out of a possible seven ambulances available. Council Member Herman asked if the City had a major incident what the back up plan was. 4 PCC–O222013 , ROCEEDINGS OF THE OMMON OUNCIL CTOBER Chief Franz explained the City had three primary ambulances and four engine companies that were cross staffed with ambulances. If there was a major incident, the four engine companies cross staffed with ambulances would go out on service as engine companies and provide ambulance service. Council Member Herman asked if the City was ever in a position of low ambulance service coverage for the Citizens of Oshkosh. Chief Franz recalled there had been a few times when there were major structure fires that the Fire Department called for mutual aid not just for EMS but also for fire. He stated on average it was less than two times per year that the City was ever in a position of low ambulance service. Council Member Herman noted in the 2013 budget there were five unfilled fire department positions that were proposed to be cut. He asked what effect that would have on the Fire Department. Chief Franz stated the loss of five fire department positions would have a negative effect. The engine companies that were cross staffed for ambulance service would be less available. Council Member Herman asked if the reduction in fire department positions would reduce response times for ambulance service to the residents of Oshkosh. Chief Franz replied the reduction in fire department positions could possibly reduce the response times for residents in all areas. Council Member Herman asked if the neighboring townships would be without ambulance service if the Council voted down the resolution. Chief Franz stated it would be difficult for the neighboring townships to establish ambulance service if the Council voted down the resolution. He stated there also would be a negative monetary impact to the City of Oshkosh if the Council voted down the resolution. Council Member Clark clarified that the City assessed the outlying townships a specific fee for contracted ambulance service. In addition to the base fee of the contract, people who used the ambulances were billed for the service. ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 13-483 Repeal Urban Wildlife Advisory Committee MOTION: ADOPT (Cummings; second, Clark) CARRIED: Ayes (6) Fitzgerald, Cummings, Pech, Herman, Clark, Mayor Tower 5 PCC–O222013 , ROCEEDINGS OF THE OMMON OUNCIL CTOBER Mr. Maurer indicated that the members of the Urban Wildlife Advisory Committee felt they had fulfilled their goals and that the Parks Department could handle any further urban wildlife concerns using the Urban Wildlife Management Plan as a guide. Council Member Fitzgerald clarified that repealing the Urban Wildlife Advisory Committee did not mean that the City believed there was no longer a wildlife issue in the City. Ordinance 13-484 Approval of Parking Regulation Changes on Algoma Boulevard, Court Street, Josslyn Street, Morgan Avenue, Pierce Avenue, Taft Avenue, Viola Avenue, Walnut Street & 22nd Avenue Robert Stone represented the Winnebago County Veterans Service Office located at 504 Algoma Boulevard, stated his office was in favor of the parking regulation changes. FIRST READING; LAID OVER UNDER THE RULES Ordinance 13-485 Cancel December 24, 2013 Council Meeting FIRST READING; LAID OVER UNDER THE RULES Resolution 13-486 Approve Tax Incremental District No. 7 Project Plan Allocation Amendment No. 6 to Permit Sharing of Surplus Increment with TID No. 20 South Shore Redevelopment Area & TID No. 21 Fox River Corridor Project (Plan Commission Recommends Approval) MOTION: ADOPT (Fitzgerald; second, Clark) CARRIED: Ayes (6) Fitzgerald, Cummings, Pech, Herman, Clark, Mayor Tower Gary Gray, 815 W. Linwood Avenue, supported the resolution, however he cautioned the City about the financial impact of the TID expenditures. Council Member Herman asked where the surplus increment funds would be allocated. Allen Davis, Director of Community Development, stated the surplus increment funds would be used to pay off existing debt in TID No. 20 and TID No. 21. CD,DCM&FAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEMS A workshop on the budget/departmental details would be held on October 29, 2013 from 5:30 p.m. to 9:30 p.m. A workshop on the budget and Capital Improvement Program follow up would be held on November 6, 2013 from 5:30 p.m. to 7:30 p.m. A workshop on Special Events would be held at a future date. 6 PCC–O222013 , ROCEEDINGS OF THE OMMON OUNCIL CTOBER Council Member Pech asked for an update on the payment of extraordinary fees from the Sawdust Days special event. Mr. Rohloff replied to date the City had not received payment for extraordinary fees from Sawdust Days. He stated the invoice was sent to Sawdust Days at the end of August and was a month overdue. He would contact Sawdust Days to get a status update. Council Member Herman asked if the City would pursue legal action against Sawdust Days if payment was not received. Ms. Lorenson stated most likely the City would file a judgment against Sawdust Days if the extraordinary fees went unpaid. Council Member Cummings asked if the City had been contacted by Sawdust Days to set up a payment plan for the extraordinary fees. Mr. Rohloff stated the City had not been contacted by Sawdust Days to set up a payment plan for the extraordinary fees. Mayor Tower expressed his disappointment that Sawdust Days had not acted in good faith forcing the Council to create a policy for nonpayment issues. A joint workshop between the Council, Plan Commission and the Redevelopment Authority to determine a vision for the river front development would be held at a future date. Council Member Clark reported about a proposed bill regarding Frac Mining that would drastically affect the ability of the City to assess fines for not complying with the Stormwater Ordinance. Mayor Tower asked if it was appropriate for the City to draft a resolution opposing the proposed bill regarding Frac Mining. Mr. Rohloff stated a resolution would be powerful and felt the Fran Mining issue should be brought forward to the Council for action once a number was assigned to the proposed bill. Council Member Clark announced an upcoming charity event called Casks and Caskets which was organized by the Society of Oshkosh Brewers. th Mayor Tower explained that on November 7 the League of Women Voters and the Oshkosh Chamber of Commerce would hold a session regarding the process for citizens interested in running for public office. CSC ITIZEN TATEMENTS TO OUNCIL There were no citizen statements. 7 PCC–O222013 , ROCEEDINGS OF THE OMMON OUNCIL CTOBER CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff indicated to the Council that a decision on the employee health care plan had to th be made at the Tuesday, October 29 workshop meeting in order for the City to comply with the 60 day notice requirement as required by the Affordable Care Act. City employees would need to be notified of health insurance changes by November 1, 2013. Also, the th ribbon cutting for the new Oaklawn School would be held on Sunday, October 27. MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY (Herman; second, Cummings) CARRIED:Ayes (6) Fitzgerald, Cummings, Pech, Herman, Clark, Mayor Tower MOTION: ADJOURN (Fitzgerald; second, Clark) CARRIED: VOICE VOTE The meeting adjourned at 7:15 p.m. PAMELA R. UBRIG CITY CLERK 8