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PCC
ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
N25,2014
OVEMBER
REGULAR MEETING held Tuesday, November 25, 2014, at 6:00 p.min the Council
.
Chambers, City Hall.
Mayor Tower presided.
PRESENT: Council Members Steven Herman, Deb Allison-Aasby, Caroline Panske, Sean
Fitzgerald, Steve Cummings, Tom Pech, Jr., and Mayor 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 Ella Schaefer and Caroline Coons from Carl Traeger
Elementary School
P
ROCLAMATION
A proclamation was presented by Mayor Tower declaring Friday December 5, 2014 as
Humans of Oshkosh Day in the City of Oshkosh
PH
UBLIC EARINGS
Resolution 14-504 Approve Final Resolution Vacating Portion of Michigan Street, North of
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West 4 Avenue
MOTION: ADOPT (Cummings; second, Pech)
CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech,
Mayor Tower
Ordinance 14-505 Approve Rezoning 2105 South Koeller Street from C-2 General
Commercial with a Highway 41 Overlay to C-2 General Commercial
with a Highway 41 Overlay and a Planned Development Overlay
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 14-506 Approve Official Mapping for the Extension of Farmington Avenue,
Extending Easterly and South/South Westerly from Existing Farmington
Avenue to Christian Drive and the Extension of Christian Drive
extending Easterly and North/North Westerly to Farmington Avenue
FIRST READING; LAID OVER UNDER THE RULES
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director
Receipt and Filing of Museum Board Minutes from October 2, 2014
Resolution 14-507 Approve Professional Service Agreement with AECOM for Final Design
and Project Oversight; Jeld-Wen East of Oregon Street Riverwalk
($355,000)
Resolution 14-508 Approve Granting Easement to Jackson Square Apartments, LP;
Property South of 2490 Jackson Street (Plan Commission
Recommends Approval)
Resolution 14-509 Approve Option to Purchase Parcel J From Northpointe Development
Corporation; Corner of Jackson Street/Marion Road (RDA
Recommends Approval)
Resolution 14-510 Approve Spot Blight Designation; Authorize Redevelopment Authority to
Acquire 1212 Oshkosh Avenue (RDA Recommends Approval)
Council Member Panske noted that the buildings around the proposed area were
constructed very close together and wanted to know how the building would be torn down.
She also asked what would be done with the property once the current building was gone.
Allen Davis, Director of Community Development, stated due to the closeness of the
buildings around the proposed property, the City would bid the job of demolition to a
professional contractor. He stated the property was being demolished in order to
reconstruct the intersection.
Resolution 14-511 Award Contract to Ground Effects Of Wisconsin, Inc. for Grounds and
Landscape Services for Redevelopment Authority RDA) and Go Transit
(Various Amounts)
Resolution 14-512 Approval of Agreement for Environmental Engineering Services
with AECOM for Various 2015 Paving and Utility Projects ($120,000)
Resolution 14-513 Approval of Special Event - Festival Foods, Oshkosh YMCA, Oshkosh
Boys and Girls Club to utilize city streets for their Festival Foods Turkey
Trot / November 27, 2014
Resolution 14-514 Approval of Special Event - Otter Street Fishing Club, Inc. to Utilize
Menominee Park for their Otter Street Fisheree / February 6 & 7, 2015
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Resolution 14-515 Approval of Special Event - DuTriRun to Utilize Leach Amphitheater
and City Streets for their Oshkosh Marathon / April 19, 2015
Resolution 14-516 Approval of Special Event - Otter Street Fishing Club, Inc to Utilize
Menominee Park for their Otter Street Walleye Tournament / June 19,
20 & 21, 2015
Resolution 14-517 Approval of Special Event - Stacey Webber to Utilize Opera House
Square and Close Market Street for their Webber / Pomasl Wedding
Ceremony / August 8, 2015
Resolution 14-518 Approval of Special Event - Otter Street Fishing Club, Inc to utilize
Menominee Park for their Otter Street Kids Fisheree / August 8, 2015
Resolution 14-519 Disallowance of Claim by Ardy & Ed’s Drive In
Resolution 14-520 Approve Appointments for Board of Review and Museum Board
Resolution 14-521 Approve Special Class “B” Licenses
MOTION: ADOPT CONSENT AGENDA (Panske; second, Fitzgerald)
CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech,
Mayor Tower
ATO&R
CTION AKEN ON RDINANCES ESOLUTIONS
Ordinance 14-522 Cancel December 23, 2015 Council Meeting
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech,
Mayor Tower
Ordinance 14-523 Create Ordinance Pertaining to Bicycle Lane Restrictions
FIRST READING; LAID OVER UNDER THE RULES
Resolution 14-524 Approve 2015 Business Improvement District Operating Plan and
Budget
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (6) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech
Present (1) Mayor Tower
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Resolution 14-525 Approval of Special Event - Christine Ann Domestic Abuse Services,
Inc., to Utilize City Streets for their Race for the Light Walk - Run /
December 6, 2014
MOTION: ADOPT (Cummings; second, Allison-Aasby)
CARRIED: Ayes (6) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Mayor
Tower
Council Member Pech stated he would excuse himself from the dais during discussion and
voting of the resolution as he was the organizer of the event.
Resolution 14-526 Adopt 2015 City Budget
MOTION: ADOPT (Cummings; second, Allison-Aasby)
MOTION: AMEND TO REDUCE SURCHARGE / REBUILD FUND BALANCE
$120,000.00 (Pech; second, Herman)
CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech,
Mayor Tower
MOTION: AMEND TO MAXIMIZE BORROWING AND REDUCE LEVY
CONTRIBUTION $100,000.00 (Herman; second, Fitzgerald)
CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech,
Mayor Tower
Council Member Herman asked how the proposed amendment would affect the ten year
plan to reduce the City’s debt.
Mr. Rohloff stated the proposed amendment would not affect the City’s ten year debt
reduction plan. He stated with the amendment the budget would be $3,000.00 over the
borrowing limit which was inconsequential.
Council Member Pech asked if the proposed budget included borrowing long term for short
term assets.
Mr. Rohloff stated the proposed budget did not include long term borrowing for short term
assets.
After the resolutions were approved, Mr. Rohloff reported that the levy would increase by
3.72%. He stated he would give periodic reports throughout the meeting as amendments
were made to the budget.
Mayor Tower read a proposed amendment in the budget to eliminate Saturday service,
Route 10 from GO Transit to save $3200.00.
Patricia Diener, 1316 Broad Street, did not support the elimination of Route 10 from GO
Transit.
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Council Member Panske requested to have the amendment to eliminate Route 10 from GO
Transit removed from the list of amendments to the budget.
Mayor Tower explained that throughout the reading of all the proposed amendments to the
budget, if the amendment was not moved to the floor and seconded it would automatically
be removed from the budget amendment list.
MOTION: AMEND TO ELIMINATE PC TECH, $56,400 (Tower; no second)
LOST: LACK OF SECOND
Mayor Tower read a proposed amendment in the budget to eliminate a part time custodian
position to save $30,000.00
Council Member Herman asked in what building the part time custodian worked.
Mr. Rohloff stated the part time custodian mainly worked in the City Hall building but also
worked at other City buildings as needed.
Council Member Herman asked if the part time custodian salary included benefits.
Mr. Rohloff stated the part time custodian position was an eighty percent time position.
John Fitzpatrick, Assistant City Manager/Director of Administrative Services, indicated that
the part time custodian position was a benefitted position shared by multiple departments
budgeted for in the Administration budget.
Mayor Tower read a proposed amendment to the budget to hold the City Manager
Administrative Assistant position open until January 1, 2016 to save $20,000.00.
Mayor Tower read a proposed amendment to the budget to eliminate an Assistant Planner
position to save $65,000.00.
Mayor Tower read a proposed amendment to the budget to hold positions open in the Fire
Department that would save $160,900.00.
Mayor Tower read a proposed amendment to the budget for the Police Department to install
a hiring freeze and/or layoff to save $168,700.00.
Mayor Tower read a proposed amendment to the budget to eliminate an Engineering
Specialist Position in the Department of Public Works to save $60,000.00.
Mayor Tower read a proposed amendment to the budget for all departments to cut the non-
represented market adjustment to 1% and restore Pay for Performance Program to save
$130,000.00.
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MOTION: AMEND TO CUT NON-REPRESENTED MARKET ADJUSTMENT TO
1% AND RESTORE PAY FOR PERFORMANCE PROGRAM
(Fitzgerald; second, Tower)
LOST: Ayes (1) Fitzgerald)
Noes (6) Herman, Allison-Aasby, Panske, Cummings, Pech, Mayor
Tower
Mayor Tower clarified that restoring the Pay for Performance Program would increase the
budget by $20,000.00.
Council Member Fitzgerald stated he believed the Pay for Performance Program was a
great model for compensating employees and would be a move toward getting away from
the across the board pay increases and step increases for employees.
Council Member Herman stated the City was below market pay for several positions and felt
the 2% across the board increase would keep the City competitive. He stated he would
support putting the Pay for Performance back in the budget. He was also concerned about
the gap in wages between union employees and non-represented employees.
Mayor Tower stated if the Pay for Performance Program was put back into the budget he
would support a 1% across the board increase as the Pay for Performance Program would
ultimately result in a 1% increase. He stated since City staff recommended to eliminate the
Pay for Performance Program he would not support the amendment.
Mayor Tower read a proposed amendment to the budget to reduce streetlights mid block to
save $35,000.00.
Mayor Tower read a proposed amendment to the budget to reduce GOEDC funding per
capita from $2.00 to $1.00 to save $66,300.00.
Council Member Fitzgerald stated he was concerned that the City could potentially fund
EDC with more dollars than private investors which would effectively make GOEDC a public
entity subject to open record laws. He suggested the City match the contributions made by
private investors up to the $2.00 per capita amount.
Mr. Rohloff stated if the City would be in trouble if there was not at least a 1.5% to 2.0%
private to public ratio of GOEDC funding. He stated he believed the private to public ratio
for GOEDC funding would be closer to a 2.0% to 1.0% ratio.
Mayor Tower read a proposed amendment to the budget for all departments to restore the
Pay for Performance Program with alternative compensation (hybrid pay or vacation days).
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MOTION: AMEND TO RESTORE PAY FOR PERFORMANCE PROGRAM WITH
ALTERNATIVE COMPENSATION (HYBRID PAY OR VACATION
DAYS) (Pech; second, Herman)
CARRIED: Ayes (5) Herman, Allison-Aasby, Fitzgerald, Cummings, Pech
Noes (2) Panske, Mayor Tower
MOTION: AMEND TO CUT NON-REPRESENTED MARKET ADJUSTMENT TO
1% (Panske; second, Fitzgerald)
LOST: Ayes (3) Panske, Fitzgerald, Mayor Tower
Noes (4) Herman, Allison-Aasby, Cummings, Pech
Council Member Fitzgerald asked what the consequences would be to the budget if the
amendment was approved.
Mr. Rohloff stated he estimated approximately three quarters of employees would opt to
take cash for pay for performance bonuses ($112,500.00).
Council Member Fitzgerald asked if a cash value would be attributed in the budget for the
vacation day option for pay for performance.
Mr. Rohloff stated a cash value would not be attributed in the budget for the vacation day
option for pay for performance.
Mayor Tower stated he was opposed to the amendment to restore the Pay for Performance
Program unless the non-represented market adjustment was cut to 1%. He stated he did
not like the idea of giving days off for pay for performance compensation as he felt giving
days off would essentially cut services to citizens while providing extra compensation to
employees. He felt a cash value should be attributed in the budget for the vacation day
option for pay for performance.
Mr. Rohloff stated the vacation day option for pay for performance had an economic value
however it did not have a budget value. He stated the budget would not be increased for
vacation days; department heads would use their discretion on how they wanted to
schedule for pay for performance vacation days. He stated the economic impact of the
vacation day option for pay for performance calculated to be $147,000 which was almost
equivalent to what the budget value in the 2014 budget for cash bonuses for pay for
performance ($155,000.00). He concluded that the economic impact for time off was very
comparable to the cash payout.
Council Member Herman asked for an explanation of hybrid pay.
Mr. Rohloff stated that the first year of the Pay for Performance Program employees who
were eligible for pay for performance bonuses were given cash bonuses. He explained the
amendment would allow eligible employees to choose alternative compensation; “red circle”
employees with a lot of vacation would most likely choose the option of taking a cash bonus,
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
while employees who received step increases, but did not have a lot of vacation time, might
choose to take vacation days as their bonus.
Council Member Panske felt it would be a good compromise to cut the non-represented
market adjustment to 1% and restore the Pay for Performance Program with alternate
compensation. She made a motion for an amendment to cut the non-represented market
adjustment to 1%.
Mayor Tower supported the amendment to cut the non-represented market adjustment to
1% if the Pay for Performance Program was restored.
Council Member Fitzgerald supported the Pay for Performance Program although, in his
opinion, it would result in a three to four percent increase in employee wages.
Council Member Herman did not feel that a pay for performance bonus should be added to
the bottom line of employees. He felt that citizens were being misled that employees were
receiving three to four percent pay increases.
Council Member Pech agreed that a pay for performance bonus should not be added to the
bottom line of employees. He stated the pay for performance bonus was a onetime payout
and not every employee was eligible for a pay for performance bonus.
Council Member Cummings stated that the pay for performance compensation should be
termed a bonus due it being a onetime thing.
Council Member Allison-Aasby concurred that pay for performance compensation was not a
straight across the board increase for City employees; not all employees were eligible to
receive a pay for performance bonus.
Council Member Pech did not feel vacation days given for pay for performance would
reduce services to citizens. He reiterated that department heads planned for employees to
be on vacation and would schedule accordingly.
Mayor Tower stated he wanted the City to move toward a true pay for performance system
and do away with across the board increases and step increases. He argued that ultimately
in terms of the 2015 budget, the Council and City staff were increasing the wage
component.
Council Member Pech moved to call the question.
Mr. Rohloff reported with the approval of the pay for performance amendment, the levy was
increased to 4.07%.
Mayor Tower read a proposed amendment to the budget to eliminate the auto allowance for
the City Manager to save $6,000.00.
Mayor Tower read a proposed amendment to the budget to eliminate new filing cabinets to
save $8,000.00.
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VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech,
Mayor Tower
NOTE: The Council took a break to give the finance director time to calculate the total
budget and what the increase to levy would be.
Resolution 14-527 Approve 2014 Tax Levy
MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech,
Mayor Tower
Mr. Rohloff reported the revised tax levy was $33,334,300.00.
Council Member Pech asked where the revised number put the City in regard to levy
restraint.
Mr. Rohloff stated he was comfortable with regard to levy restraint.
Resolution 14-528 Approve 2014 Tax Rates
MOTION: ADOPT (Herman; second, Cummings)
CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech,
Mayor Tower
Mayor Tower asked what the new tax rate would be.
Mr. Rohloff indicated the tax rate would change from 9.593% to 9.562%, which was an
increase of 4.07% over last year, and amounted to 28.1 cents.
Resolution 14-529 Approve 2015 Capital Improvement Plan
MOTION: ADOPT (Cummings; second, Fitzgerald)
MOTION: AMEND TO REMOVE CARPETING PROJECT FROM GRAND
OPERA HOUSE ($125,000.00) (Panske; second, Allison-Aasby)
LOST: Ayes (2) Panske, Allison-Aasby
Noes (5) Herman, Fitzgerald, Cummings, Pech, Mayor Tower
MOTION: AMEND TO COMPLETE GRAND OPERA HOUSE CARPETING
PROJECT OVER 2 YEARS ($62,500.00) (Herman; second, Panske)
CARRIED: Ayes (5) Herman, Allison-Aasby, Panske, Cummings Mayor Tower
Noes (2) Fitzgerald, Pech
MOTION: AMEND TO REMOVE LIBRARY CARPETING (Panske; no second)
LOST: LACK OF SECOND
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VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech,
Mayor Tower
Dan Rylance, 602 E. Parkway Avenue, supported the reconstruction of Parkway Avenue.
He suggested that the City level out the area that crossed the railroad tracks and
strategically place speed bumps to discourage drivers from speeding down Parkway
Avenue.
Mayor Tower read a proposed amendment to the Capital Improvement Program to extend
the carpeting of the Grand Opera House over two years to save $62,500.00.
Mayor Tower read a proposed amendment to the Capital Improvement Program to remove
the Grand Opera House carpeting project to save $125,000.00.
Joe Ferlo, 1230 Devonshire Drive, Director of the Grand Opera House, stated the carpeting
in the Grand Opera House was over twenty five years old. He stated between 50,000 and
80,000 people walked on the carpet each year and his concern was that eventually the
carpet would become a safety hazard.
Council Member Panske stated she felt the timing was not right to replace the carpet at the
Grand Opera House.
Council Member Fitzgerald stated he was the Council liaison to the Grand Opera House
Facilities Committee. He stated the carpet was close to becoming a safety hazard and
needed to be replaced relatively soon.
Council Member Allison-Aasby stated although the carpet at the Grand Opera House would
need to be replaced, she supported removing the item from the Capital Improvement
Program.
Council Member Pech did not support the amendment to remove the Grand Opera House
carpeting project from the Capital Improvement Program, citing the cost of carpet would only
go up.
Council Member Herman proposed an amendment to the Capital Improvement Program to
extend the carpeting of the Grand Opera House over two years to save $62,500.00.
Council Member Fitzgerald asked if extending the replacement of the carpet over two years
would create any issues logistically for the Grand Opera House.
Mr. Ferlo stated he felt the carpeting project could be logistically completed over a two year
period.
Mr. Rohloff stated it would be more appropriate to purchase the entire amount of carpet at
one time to avoid dye lot issues and use whatever money was left over toward installation of
the carpet.
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Council Member Cummings asked what type of carpet would be purchased.
Mr. Ferlo stated he would like to replace the carpet with the exact same custom mill pattern
to honor the restoration work completed back in the 1980’s.
Mr. Rohloff stated the Grand Opera House Advisory Board should research and evaluate
whether they want to choose wool or nylon carpeting.
Council Member Cummings asked what the lead time was for the carpet replacement.
Mr. Ferlo stated it would be difficult to determine the lead time for the carpet replacement
until he knew if the project was approved.
Mayor Tower read a proposed amendment to the Capital Improvement Program to remove
the library carpeting project to save $69,700.00.
Mayor Tower read a proposed amendment to the Capital Improvement Program to eliminate
storage racks to save $25,000.00.
Mr. Rohloff reported the revised general fund borrowing amount would be $11,337,500.00.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
Mr. Rohloff stated the GOEDC agreement would be provided to Council for consideration at
the December 9, 2015 Council Meeting.
A sex offender workshop would be held on January 26, 2015 from 6:00 p.m. to 8:00 p.m.
A presentation of the Strategic Plan would be made at the December 9, 2014 Council
Meeting.
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Council Member Panske requested to receive the Strategic Plan prior to the December 9
Council Meeting.
Mr. Rohloff stated that Council would receive a copy of the Strategic Plan in their Council
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Packets for the December 9 Meeting.
A presentation of the UW-Oshkosh Accelerator would be made at the December 9, 2014
Council Meeting.
A workshop with the Oshkosh Area School Board would be held at a later date.
CMA&S
OUNCIL EMBER NNOUNCEMENTS TATEMENTS
Mayor Tower indicated that he would not seek reelection for the Mayor position for the City
of Oshkosh nor would he run for a council member seat in the April General Election.
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Council Member Pech commended Mayor Tower for his years of service on the Common
Council for the City of Oshkosh.
CSC
ITIZEN TATEMENTS TO OUNCIL
Patricia Diener, 1316 Broad Street, was concerned about the turnover of residents in her
neighborhoods.
CMA&S
ITY ANAGER NNOUNCEMENT TATEMENTS
Mr. Rohloff reported an engineering services agreement for structural design and
construction-related services for various 2015 capital projects was made with AECOM. He
also stated an engineering services agreement for archaeological investigations for
various 2015 capital improvement projects was made with the University of Wisconsin-
Milwaukee.
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 (Allison-Aasby; second, Herman)
CARRIED: Ayes (7) Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Cummings,
Mayor Tower
A
DJOURN
MOTION: ADJOURN (Pech; second, Cummings)
CARRIED: VOICE VOTE
The meeting adjourned at 8:00 p.m.
PAMELA R. UBRIG
CITY CLERK
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