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PCC
ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
D10,2013
ECEMBER
REGULAR MEETING held Tuesday, December 10, 2013, at 6:00 p.min 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.
PH
UBLIC EARING
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
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ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements.
CA
ONSENT GENDA
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
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ROCEEDINGS OF THE OMMON OUNCIL ECEMBER
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
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ROCEEDINGS OF THE OMMON OUNCIL ECEMBER
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
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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
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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 initial1%.
Council Member Herman asked Mr. Fitzpatrick how the proposed amendment integrated
with the compensation study that was completed a few years back.
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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.
ATO&R
CTION AKEN ON RDINANCES ESOLUTIONS
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.
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Ordinance 13-568 Approval of Loading Zone Definition & Parking Regulation Changes
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on Bent Avenue, Eagle Street, Liberty Street, North Main Street & 7
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
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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
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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
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Elizabeth Hartman, 43 E. 7 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.
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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
rd
702 West 3 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
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Bernie Pitz, 617 W. Irving Avenue, owner of the property at 702 W. 3 Avenue gave the
history of the family business along with zoning challenges. He expressed his displeasure
with the eminent domain process.
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Mayor Tower explained negotiations for the land purchase for the property at 702 W. 3
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
rd
702 West 3 Avenue was signed by Mr. Pitz.
Council Member Clark asked what the assessed fair market value of the property was for
tax purposes.
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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.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
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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
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regarding the vision of the river front development would be held on January 28 at 4:45 p.m.
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ITIZEN TATEMENTS TO OUNCIL
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.
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CMA&S
ITY ANAGER NNOUNCEMENTS TATEMENTS
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
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