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Home My WebLink About03. Council Minutes 3/10/2015 PROCEED/NGS OF THE COMMON COUNCIL � CITY OF OSHKOSH, WISCONSIN `, MARCH 1O, 2015 OlHKQIH ON THE WATER NOTE: The Common Council met at 4:30 p.m, for a Workshop Tour of the Public Works Fie/d Operation Facility— Entrance from South Campbell Road REGULAR MEETING held Tuesday, March 10, 2015, at 6:00 p.m. in 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; Angela Joeckel, Deputy 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 Megan Smith and Dominic Johannes from Smith Elementary School; and, Hadley Ruetten and Tenna Ruetten from Jefferson Elementary School PUBLIC HEARINGS Resolution 15-96 Approval of Final Resolution for Special Assessments — Contract No. 15-04 / Paving, Sidewalk, Driveway, and Utilities / First Local Street Concrete Paving Program (East Side Area - Parkway Avenue and Mount Vernon Street) MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Bernie Pitz, 617 W. Irving Avenue, stated he did not feel the street and sidewalk assessments to his property were fair. He stated he was not opposed to the assessments for the Parkway Avenue side of his property, however Monroe Street had been reconstructed once and he felt he should not be charged for it to be dug up and replaced again. He also stated he did not feel his sidewalk needed to be dug up or repaired. Zeqir Ajdini, 600 N. Main Street, stated he was the owner of Legends Sports Bar and Grill and that he had lost fifty percent of his business when Main Street was reconstructed. He stated he felt the City should set up a fund to pay for street repairs and not place the responsibility on property owners. 1 PROCEEDINGS OF THE COMMON COUNCIL— MARCH 1O, 2015 Council Member Pech asked for an explanation of the special assessments for 601 E. Parkway Avenue pertaining to Monroe Street. Steve Gohde, Assistant Director of Public Works, stated at the time Monroe Street was paved, the intersection of Parkway Avenue and Monroe Street was completed also. The concrete paving of the intersection extended .3 feet into the frontage of Mr. Pitz's property (601 E. Parkway Avenue) therefore Mr. Pitz was charged an assessment for the .3 feet of concrete. He stated since that portion of Monroe Street was reconstructed approximately fourteen years ago, Mr. Pitz would receive eleven years of credit back for the .3 feet of concrete that would be torn up with the concrete paving of E. Parkway Avenue. Council Member Fitzgerald asked for an explanation of a letter sent to property owners asking for consent to enter their properties to check the quality of the water mains. Mr. Gohde stated the City needed to inspect the sanitary sewer laterals and the storm sewer laterals that lead up to houses. He stated City workers did not necessarily need to enter homes, in most cases they were looking for consent to televise the laterals that go back onto the property to see which ones were live or dead. Council Member Fitzgerald asked what the procedure was if closed circuit televising did not provide the data needed. Mr. Gohde, stated if closed circuit televising did not provide the data needed, City staff and the contractor would seek permission to enter a home and use dye packets to determine the live laterals. Property owners would be asked to sign a Construction Access Agreement. Council Member Panske asked Mr. Gohde to address the sidewalk issue Mr. Pitz had. Mr. Gohde explained per the special assessment information sheet for 601 E. Parkway Avenue, Mr. Pitz would be assessed for six additional sidewalk squares in case there was a need to repair or replace sanitary sewer laterals or storm sewer laterals. He stated Mr. Pitz refused to sign a Construction Access Agreement so no closed circuit televising could be done to check the laterals to the property. He stated if no lateral repairs were needed, Mr. Pitz would not be assessed for the six additional sidewalk squares. He stated there were two sidewalk squares that posed a trip hazard on Mr. Pitz's property which would need to be replaced and that Mr. Pitz would be assessed for those. He indicated the remaining sidewalk squares would be part of a sidewalk project in which the squares would be replaced to the correct grade to be compliant with the Americans with Disabilities Act (ADA) Mayor Tower asked if Mr. Pitz would be charged for the sidewalk squares that needed replacing to comply with the ADA. Mr. Gohde stated that Mr. Pitz's property was unique because some of the property had concrete immediately abutting to the back of the property which would allow the City to replace the concrete according to the sidewalk project. He stated there were areas in which the sidewalk backed up to turF resulting in the City encroaching on private property; since Mr. Pitz did not sign a Construction Access Agreement the City would not be able to bring 2 PROCEEDINGS OF THE COMMON COUNCIL— MARCH �O, 2015 the sidewalk to ADA standards, thus Mr. Pitz would receive orders from the City to correct them at his expense. Council Member Herman asked who paid for the intersections when a street was reconstructed or repaved. Mr. Gohde stated that the City paid for the costs of reconstructing intersections. Council Member Herman asked if the owner of Legends Sports Bar and Grill would receive a break in the assessment costs for Parkway Avenue due to him being assessed for Main Street. Mr. Gohde explained the assessment policy for the City included a corner lot forgiveness of up to fifty percent reduction in frontage for a maximum of a one hundred seventy five foot lot. He stated that the Legends Sports Bar and Grill fronted two corners, Jefferson Street and Parkway Avenue; and Main Street and Parkway Avenue and indicated Mr. Ajdini would receive a reduction for both corners. Resolution 15-97 Approval of Final Resolution for Special Assessments — Contract No. 15-05 / Paving, Sidewalk, Driveway, and Utilities / Second Local Street Concrete Paving Program (North Side Area - New York Avenue and Custer Avenue) MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CONSENT AGENDA Approval of Bills presented by the Finance Director Receipt and Filing of Common Council Minutes from February 24, 2015 Approval of Cash Report from December 2014 Receipt of Claim filed with the City's Insurance Company: A) Susan Barlow for alleged damages to her garbage cart from a hit and run B) Dennis Bloechl for alleged damages from a sewer back-up C) Antonio Rivera for alleged damages to his vehicle from a city plow truck Resolution 15-98 Award Bid for Track Back-Hoe/Excavator for Streets Division to Brooks Tractor Inc. ($189,000.00) 3 PROCEEDINGS OF THE COMMON COUNCIL— MARCH 1O, 2015 Resolution 15-99 Award Bid for Elevator Maintenance for General Services Division to MEI Badger Elevator ($31,572.00) Resolution 15-100 Award Bid for pouble Drum Vibratory Roller for Street Division to Miller- Bradford and Risberg, Inc. ($32,520.00) Resolution 15-101 Award Bid for HVAC Improvements for Transportation Maintenance Facility to Gartman Mechanical Services ($201,880.00) Resolution 15-102 Approve Purchase for 2015 Water Meters and Transmitters for the Water Utility Division to HD Supply Waterworks for 2014 ($157,531.00) Resolution 15-103 Approval of Change Order No. 1 for Public Works Contract No. 14-06 with Jim Fischer, Inc. for Concrete Sidewalk (+$186,567.48) Resolution 15-104 Approval of Amendment to Professional Service Agreement with Strand Associates for Engineering Design Services/Aviation Business Park ($70,250.00) Resolution 15-105 Approve Interagency Agreement with Various Winnebago County Law Enforcement and Fire/Paramedic Agencies for a Child Abduction Response Team (CART) Council Member Cummings asked for an explanation of the resolution. Scott Greuel, Chief of Police, stated the agreement with various Winnebago County law enforcement and fire/paramedic agencies was created should there be a child abduction incident, all parties agreed to allocate resources to the incident, commit to training and operate under the incident command to investigate it. Resolution 15-106 Cancel Outstanding Checks; Write off Delinquent and Uncollectible Accounts Council Member Cummings asked for an explanation of the process of writing off delinquent and uncollectible accounts. Trena Larson, Director of Finance, explained the checks being cancelled had been outstanding (not cashed) for two years. She stated the uncollected accounts receivables would be taken off of the current accounting records but the City would still continue to collect on them. Resolution 15-107 Disallowance of Claim by Travis Wohlt Resolution 15-108 Approval of Combination "Class A" Licenses, Special Class "B" Licenses, Operator Licenses and Taxi-Cab Driver License 4 PROCEEDINGS OF THE COMMON COUNCIL— MARCH 10, 2015 MOTION: ADOPT CONSENT AGENDA (Panske; second, Fitzgerald) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower ACTION TAKEN ON ORD/NANCES & RESOLUTIONS Ordinance 15-109 Amend Section 23-3 Recycling Required to Update Types of Plastic Containers Accepted for Recycling MOTION: ADOPT (Allison-Aasby; second, Fitzgerald) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Ordinance 15-110 Approval of Changes for Displaying Annual Parking Permits MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Ordinance 15-111 Approval of Parking Regulation Changes on WheatField Way, Kentucky Street and Florida Avenue MOTION: ADOPT (Panske; second, Pech) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Ordinance 15-112 Amend Ordinance Relating to Procedures to Fill Council Vacancies (Staff Recommends Waiving the Rules and Adopting on First Reading) MOTION: SUSPEND RULES FOR CONSIDERATION (Pech; second, Herman) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower MOTION: ADOPT (Fitzgerald; second, Cummings) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Mayor Tower indicated due to the Mayoral race in the upcoming April 7, 2015 Spring Election there would be a vacant seat on the Common Council. He stated in order to begin the recruitment process prior to the seat becoming vacant, the wording in the ordinance would need to be amended. He stated the process to appoint a new council member could take up to seven weeks which was why staff recommended waiving the rules to have Council vote on the ordinance at the first reading. Council Member Panske asked to have the time limits for when the City Clerk had to advertise the vacant council seat in a separate paragraph from the time limits for when candidates must return their applications. 5 PROCEED/NGS OF THE COMMON COUNCIL— MARCH 10, 2015 Lynn Lorenson, City Attorney, stated she would separate the ordinance into finro paragraphs defining the time limits for the City Clerk and the time limits for applicants. Ordinance 15-113 Approve Request to Attach to City from Town of Nekimi; Plainview Voluntary Attachment FIRST READING; LAID OVER UNDER THE RULES Ordinance 15-114 Approve Request to Annex to City from Town of Oshkosh; Storm Water Utility Annexation #1 Fronting on Jackson Street and North Main Street North of Bacon Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 15-115 Approve Request to Annex to City from Town of Oshkosh; Storm Water Utility Annexation #2 Fronting on North Main Street FIRST READING; LAID OVER UNDER THE RULES Resolution 15-116 Establish a Council Rule to Require Council Members to Receive Council Packets in Electronic Format WITHDRAWN BY STAFF Resolution 15-117 Approve Planned Development to Construct a New Building East of 1075 North Washburn Street MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Resolution 15-118 Support Restoration of Complete Streets Law, Restore Funding for Transportation Alternatives Program and Knowles-Nelson Stewardship Fund Proposed to be Eliminated or Drastically Cut in SB 21 MOTION: ADOPT (Panske; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Resolution 15-119 Support Public Authority Status for UW System Schools and Oppose Budget Cuts to UW System MOTION: ADOPT (Allison-Aasby; second, Herman) MOTION: LAYOVER TO APRIL 14, 2015 COUNCIL MEETING (Fitzgerald Panske) WITHDRAWN 6 PROCEEDINGS OF THE COMMON COUNCIL— MARCH 1O, 201 S MOTION: AMEND TO REMOVE FROM PURPOSE "INCREASED FLEXIBILITIES" (Pech; second, Fitzgerald) MOTION: AMEND AMENDMENT TO ALSO REMOVE FROM PAGE TWO, PARAGRAPH THREE "HEREBY SUPPORTS THE BASIC PRINCIPLES PROPOSED BY GOVERNOR WALKER AND THE UNIVERSITY OF WISCONSIN BOARD OF REGENTS TO INCREASE INSTITUTIONAL FLEXIBILITY FOR THE". (Pech; second, Panske) CARRIED: Ayes (7) Herman, Ailison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Tony Palmeri, 212 W. Parkway Avenue, stated he had worked for the University of Wisconsin at Oshkosh for twenty six years and had never seen such severe cuts to the University of Wisconsin Systems budget. He urged the Council to remove the support increased flexibilities language from the resolution until the definition of "increased flexibilities" was clearly defined. He stated he did not feel the increased flexibilities language needed to be in the resolution as neither the City of Whitewater nor the City of Stevens Point included it in their respective resolutions. Council Member Herman stated he felt the purpose of the resolution should be to support the University of Wisconsin at Oshkosh. Council Member Fitzgerald stated he agreed that the purpose of the resolution should be to support the University of Wisconsin at Oshkosh and that the Council should listen to what the university staff had to say regarding the budget cuts and draft the resolution accordingly. Council Member Pech suggested the Council strike the words "increased flexibilities" from the purpose line of the resolution. Council Member Herman stated if the language was changed in the purpose, it would also need to changed on the second page of the resolution. Council Member Pech proposed an amendment to the resolution to strike "increased flexibilities" from the purpose of the resolution. He also proposed an amendment to the resolution to strike from page two, paragraph three the following verbiage: to increase institutional flexibility for the UW System schools. Mayor Tower stated another option would be to remove the entire statement "hereby supports the basic principles proposed by Governor Walker and the University of Wisconsin Board of Regents to increase institutional flexibility for the UW System schools". Council Member Allison-Aasby stated she liked the resolution drafted by the City of Whitewater. 7 PROCEEDINGS OF THE COMMON COUNCIL— MARCH 10, 2015 Council Member Herman stated he felt the option proposed by the Mayor made more sense. Council Member Pech proposed an amendment to the amendment to strike from the purpose line of the resolution "increased flexibilities", and from page two, paragraph three strike the verbiage "the basic principles proposed by Governor Walker and the University of Wisconsin Board of Regents to increase institutional flexibility for the". Council Member Herman asked for the amended resolution to be read back to Council. Council Member Pech read the amended resolution back to the Council. COUNCIL DISCUSSION, D/RECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A GOEDC branding kick-off meeting would be held at the Convention Center on March 12tn at 7:30 a.m. Council Member Pech asked for an update on the research of whether or not to self fund for insurance. Council Member Herman asked for an update on how the health clinic was performing. Mr. Rohloff stated he would get the information regarding the clinic to Council, however he stated the clinic was exceeding the numbers the City had hoped for. Mr. Rohloff stated that the liquor license for the Titled Kilt had been inactive since March 31, 2014 and that a notice was sent to the establishment. Council Member Herman thanked the Otter Street Fishing Club for donating a chain saw to the fire department for various uses. ClTIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CITY MANAGER ANNOUNCEMENT& STATEMENTS Mr. Rohloff reported that the preliminary fourth quarter financial statement numbers were positive. Mr. Rohloff indicated the State of the City would be held on March 23�d at the Convention Center at 6:00 p.m. with the presentation at 6:30 p.m. 8 PROCEEDINGS OF THE COMMON COUNCIL— MARCH �O, 2015 MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY AND PARAMETERS RELATED TO THE NEGOTIATION OF AN AGREEMENT WITH THE GRAND OPERA HOUSE FOUNDATION FOR LEASE AND OPERATION OF THE GRAND OPERA HOUSE PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower MOTION: ADJOURN (Herman; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 7:21 p.m. PAMELA R. UBRIG CITY CLERK 9