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HomeMy WebLinkAbout04. Council Minutes April 14 and 21, 2015 PROCEEDINGS OF THE COMMON COUNCIL � CITY OF OSHKOSH, WISCONSIN � APR�� 14, 2015 OIHKQIH ON THE WATER REGULAR MEETING heid Tuesday, April 14, 2015, at 6:00 p.m. in the Council Chambers, City HaIL Mayor Tower presided. PRESENT: Council Members Caroline Panske, Sean Fitzgerald, Steve Cummings, Tom Pech, Jr., Steven Herman 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 Panske read the Invocation. The Pledge of Allegiance was led by Klara Stelzer from Webster Stanley Elementary School and; Ethan Stelzer from Webster Stanley Middle School. PROCLAMATIONS A proclamation was presented by Mayor Tower proclaiming April 7, 2015 as National Service Recognition Day Mr. Rohloff introduced Jason White as the Chief Executive Officer of GOEDC and Erin Sutton, the Communications Manager for GOEDC. CITIZEN STATEMENTS TO COUNCIL Walter Scott, Sue Panek, and Tom Grogan representatives of the Oshkosh Civility Project presented Mayor Tower with a plaque recognizing his commitment to civility. Bob Cornell, 548 W. Smith Avenue, thanked Mayor Tower and Sean Fitzgerald for their time and service to the Common Council. He also stated having students from Oshkosh North partner with senior citizens to teach them about technology was a positive experience. He also stated his concerns about citizens driving in the bike lanes on Sawyer Street. Council Member Allison-Aasby joined the Council Meeting at 6:18 p.m. CONSENT AGENDA Approval of Bills presented by the Finance Director Receipt and Filing of Common Council Minutes from March 24, 2015 1 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 14, 2015 Receipt of Claims filed with the City's Insurance Company: A) Lynn Reimer for alleged damages from the Police Dept B) ACCU Properties LLC (Walter Engler) for alleged damages from a water leak in front of property Resolution 15-163 Approve Professional Service Agreement with Associated Financial Group for Benefit Consulting Services (various amounts) Resolution 15-164 Award Bid for Flooring Replacement for the Oshkosh Public Library to HJ Martin & Son Inc. ($64,845.00) Resolution 15-165 Award Bid for One Ton 4WD Crew Cab Truck for Street Division to L&S Truck Center and Stainless Steel Dump Body, Hoist and Hydraulic System to Monroe Truck Equipment (Total amount of$62,542.00) Resolution 15-166 Award Bid for Stevens Park Restroom/Shelter Construction for Parks Department to Cardinal Construction Co. Inc. ($188,390.00) Resolution 15-167 Award Bid for Riding Tractor/Mower for Parks Department to Reinders Inc. ($72,364.44) Resolution 15-168 Approval of Change Order No. 1 for Public Works Contract No. 14-03 with Relyco, Inc. for the National Guard Armory Area Stormwater Detention Basin (+$218,873.84) Resolution 15-169 Approve Purchase of Manhole / Inlet Castings for Public Works Department ($62,959.00) Resolution 15-170 Approval of Amendment to Agreement for Engineering Services with AECOM for Environmental Engineering and Construction Material Testing for the Public Works Field Operations Facility — Phase 3 ($170,000.00) Resolution 15-171 Approval of Agreement for Engineering Services with CH2M HILL Engineers, Inc. for 2015 Wastewater Collection System Sewer Evaluation and Capacity Assurance Plan (SECAP) and Capacity- Management-Operation-Maintenance (CMOM) Plan Program Services ($159,870.00) Resolution 15-172 Approve Professional Service Agreement with Tyler Technologies Inc. for Enterprise Resource Planning (ERP) Software Package ($665,378.00) Gary Gray, 815 W. Linwood Avenue, questioned when the software program would be implemented and if the new system would execute the utility accounting financial reports. 2 PROCEEDINGS OF THE COMMON COUNCIL-APR�� 14, 2015 John Fitzpatrick, Assistant City Manager/Director of Administrative Services, stated due to multiple software systems and the training involved, full implementation of the software programs would take several phases to complete. He stated the utility accounting would be included in the software. Resolution 15-173 Approve Purchase Pursuant to State of Wisconsin Cooperative Purchase with SHI International Corporation for Microsoft Software Licenses ($165,651.00) Resolution 15-174 Accept Dedication of Street Right of Way for Waupun Road Adjacent to 4233 Waupun Road (Plan Commission Recommends Approval) Resolution 15-175 Authorize Submittal of Department of Natural Resources Stewardship Grant Application for Riverwalk Improvements on Morgan District Property Adjacent to Boatwork Riverwalk Resolution 15-176 Approve Conditional Use Permit for Development of a Brewery/Taproom /Sales Area at 611 Oregon Street and Associated Parking and Dumpster Enclosure 213 West 7tn Avenue (Plan Commission Recommends Approval) Resolution 15-177 Approve Fund Balance Reservations Resolution 15-178 Oppose the Reduction of State Correctional Staff Positions and the Closing of Prison Towers in the City of Oshkosh Mayor Tower stated there was a request to pull the resolution from the Consent Agenda to be considered separately. Resolution 15-179 Approval of Special Event - Pretty Little Drivers — Riders to utilize Abe Rochelin Park for their Pretty Little Drivers — Riders TGIF Meets / April 17, 2015 through October 16, 2015 (Every Friday) Resolution 15-180 Approval of Special Event - Oshkosh Bird Fest Committee / Utilize Menominee Park for their Oshkosh Bird Fest/ May 2, 2015 Resolution 15-181 Approval of Special Event - Dream Jewelers, Planet Perk and Trillium Salon to utilize Commerce Street for their Shop Local Oshkosh Kick off Saluting Our Local Heroes / May 4, 2015 Resolution 15-182 Approval of Special Event - UWO Women's Center to utilize city streets for their Walk a Mile in Her Shoes / May 6, 2015 Resolution 15-183 Approval of Special Event - Jefferson PTO and Safety Team to utilize Minnesota Street for their Jefferson Bike Rodeo for Community Event / May 14, 2015 3 PROCEEDINGS OF THE COMMON COUNCIL-APR�� 14, 2015 Resolution 15-184 Approval of Special Event - Molly McGuire's to utilize 539 Campus Piace for their Graduation Beer Garden / May 15, 2015 Resolution 15-185 Approval of Special Event — Kelly's Bar to utilize 219 Wisconsin Street for their Graduation Beer Garden / May 15 and 16, 2015 Resolution 15-186 Approval of Special Event - Oshkosh Garden Club to utilize front grounds of Oshkosh Public Museum for their Oshkosh Garden Club Plant Sale / May 16, 2015 Resolution 15-187 Approval of Special Event - Paine Art Center and Gardens to utilize Congress Avenue for their Festival of Spring / May 16, 2015 Resolution 15-188 Approval of Special Event - Oaklawn PTO and Safety Team to Utilize Viola Street for their Oaklawn Community Bike Rodeo May 19, 2015 Resolution 15-189 Approval of Special Event - CLIC Foursquare Church to Utilize Menominee Park for their CLIC Softball Tournaments / May 23, 2015 and September 5, 2015 Resolution 15-190 Approval of Special Event - Larry Mead to utilize South Park for his Reading of Names on War Monument/ May 25, 2015 Resolution 15-191 Approval of Special Event - Oshkosh Patriotic Council to utilize Riverside Park, City Streets and Riverside Cemetery for their Memorial Day Procession and Services / May 25, 2015 Resolution 15-192 Approval of Special Event - Paint Art Center and Gardens to utilize Congress Avenue for their Faire on the Green / July 12, 2015 Resolution 15-193 Approval of Amendment to Special Event - WaterFest, Inc to utilize Leach Amphitheatre for Waterfest Concert Series /August 7, 2015 Resolution 15-194 Approval of Special Event - National MS Society WI Chapter to utilize city sidewalks for their Walk MS Oshkosh / September 13, 2015 Resolution 15-195 Approve Appointment to the Library Board Resolution 15-196 Disallowance of Claim by Lynn Reimer Resolution 15-197 Disallowance of Claim by Karen Steineke Resolution 15-198 Approval of Combination "Class B" License, Combination "Class A" License, Premise Transfer For Combination "Class B" License, Secondhand Dealer License, Special Class "B" Licenses and Operator Licenses 4 PROCEEDINGS OF THE COMMON COUNCIL-APR�� 14, 2015 MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTON 15-178 (Pech; second, Herman) CARRIED: Ayes (7) Panske, Fitzgerald, Cummings, Pech, Herman, Aliison-Aasby, Mayor Tower Resolution 15-178 Oppose the Reduction of State Correctional Staff Positions and the Closing of Prison Towers in the City of Oshkosh MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Panske, Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Mayor Tower Council Member Herman was concerned the proposed reduction in State correctional staff positions would affect not only the worker's livelihoods but the City of Oshkosh as a whole. Trent Ventura, 202 Scott Avenue, stated he was employed with the Wisconsin Department of Corrections for twenty nine years. He explained the proposed budget cuts to close the prison towers on third shift at the Oshkosh Correctional Institution should be of concern to Oshkosh residents as the prison towers were the last line of defense for protection for the employees of the Oshkosh Correctional Institution and the public. Council Member Herman read the resolution to make the public aware. ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 15-199 Approval of Time Limit, Permit and Leased Parking Enforcement Hours in Municipal Parking Lots MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Panske, Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Mayor Tower Council Member Herman stated the Parking Utility Commission voted in favor of the ordinance as the changes would make the parking enforcement the same in all municipal parking lots. Resolution 15-200 Approve Agreement with the Oshkosh Opera House Foundation, Inc., for Lease and Operation of the Grand Opera House ($158,500 per year for 2 years MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (4) Panske, Cummings, Pech, Mayor Tower Noes (2) Herman, Allison-Aasby Present (1) Fitzgerald Gary Gray, 815 W. Linwood Avenue, asked how the lease would be funded. 5 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 14, 2015 Mr. Rohloff stated the lease would continue to be funded through room tax dollars however the room tax would not be formula driven any longer. AI Hartman, 2425 Patriot Lane, represented the Grand Opera House Foundation Board and urged the Council to approve the lease agreement. Bob Cornell, 548 W. Smith Avenue, agreed with a two year lease instead of a five year lease with the Grand Opera House Foundation. Council Member Herman indicated in 2009 the Grand Opera House Foundation pledged $250,000.00 to help repair the roof of the Grand Opera House. He stated to date $40,000.00 had been paid to the City. He asked what the plans were in the next two years to reimburse the City of Oshkosh. Mr. Hartman stated in the proposed lease agreement drafted by the City, $25,000.00 from the room tax income would be allocated to reimburse the City for the roof pledge. Council Member Herman did not feel room tax dollars, which he felt were tax payer dollars, should be used to pay off a pledge that the Grand Opera House Foundation had agreed to help fund the Grand Opera House. Mr. Hartman stated that prior to the City mandating $25,000.00 of the room tax income be allocated to reimburse the City, the Grand Opera House Foundation had planned to hold special events and to increase ticket prices in order to raise money to reimburse the City. Council Member Pech stated the pledge from the Grand Opera House Foundation to help repair the roof of the Grand Opera House was "up to" $250,000.00; the pledge was not a specific dollar amount. Council Member Herman stated the financial reports for the Grand Opera House indicated, at best, the Grand Opera House broke even twice in the last finrenty years. He asked if there were plans to generate more revenue. Mr. Hartman stated the Grand Opera House Foundation planned to cut costs; the Grand Opera House was currently down one employee position and there were plans not to hire for the position at the same capacity which would save significant dollars. He stated to increase revenue the Grand Opera House was considering increasing ticket prices and holding special events designed specifically to reimburse the City. Council Member Pech reiterated that the roof pledge agreement from the Grand Opera House Foundation and accepted by the City of Oshkosh was for "up to" $250,000.00. In his opinion, the Grand Opera House Foundation was fulfilling its commitment of trying to facilitate payments for the $250,000.00 pledge. He stated the Grand Opera House was a City owned building and compared it to the library and museum as far as using tax payer support to fund repairs. 6 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 14, 2015 Councii Member Panske stated she supported the resolution, however she felt the Grand Opera House Foundation, City staff, and the Council should communicate better; and the Grand Opera House Foundation should keep the Council up to date on their fund raising efforts. Council Member Pech felt that communication worked both ways and Council members had an obligation to both hear from the community and reach out to the community. He believed if Council members had questions or concerns it was incumbent upon them to reach out and get the information they sought instead of litigating their questions in public. He stated he supported the resolution. Council Member Allison-Aasby asked how many outside acts the Grand Opera House had scheduled from May 1St through the end of 2015 and if there were any outside acts scheduled for 2016. Joe Ferlo, Director and CEO of the Grand Opera House Foundation and Director of the Grand Opera House, stated the calendar year for booking acts was July 1St through June 30th. He stated events were booked in the spring and typically he would book between fifteen and twenty outside acts per year including the school performances and the series offered by the Grand Opera House. He stated the standard artist contract specified that the Grand Opera House must have a signed lease for the facility they used. He stated since there was not a current signed lease he could not book any acts, however he had tentative agreements. He explained the process in which national acts were booked. Mr. Rohloff stated that Mr. Ferlo could legally book national and outside acts per the current signed lease. He read aloud the following verbiage in the lease agreement: "Any dates booked by the Foundation during the /ease term or any extension thereof shall be honored by the City even in the event this Agreement is terminated prior to the norma/ termination date of fhe Agreement or any subsequent term hereof'. Mr. Ferlo stated that artists would not sign a contract unless the Grand had a signed lease. Mr. Rohloff stated the current lease agreement bound the City to honor the agreement between the Grand and their clients and that Mr. Ferlo had the ability to book acts immediately. Council Member Fitzgerald felt it was important the citizens were aware that discussions regarding the Grand Opera House Foundation lease had taken place over the last several months. He also stated he would be voting present on the resolution as he had a business relationship with the Grand Opera House Foundation. Council Member Herman asked who the community partners were with the Grand Opera House Foundation. Mr. Ferlo stated there were three community partners associated with the Grand Opera House Foundation who had reciprocal agreements; the Oshkosh Symphony Orchestra, the Community Players, and Hysterical Productions. 7 PROCEED/NGS OF THE COMMON COUNCIL—APRIL 14, 2015 Council Member Herman asked if the Grand Opera House Foundation partnered with City hotels for package deals for rooms and tickets or if they had contacted the Oshkosh Convention Center and Visitors Bureau to partner with them. Mr. Ferlo felt communication between the Grand Opera House Foundation and the Oshkosh Convention Center/Visitors Bureau could be better and that he was open to exploring partnering with them. He stated that the WHG Group provided significant housing for artists perForming at the Grand Opera House as a donation to the Grand Opera House Foundation. Council Member Allison-Aasby stated she and other Council members had met with the Grand Opera House Foundation Board to discuss issues that concerned the Council and clarified that the Council had been contacted by citizens and business owners of the community regarding the operation of the Grand Opera House. Mayor Tower stated he supported the resolution and clarified that under the new lease agreement, the final management fee amount of $158,500.00 included a $25,000.00 offset amount to repay to the City the pledge made by the Grand Opera House Foundation to help repair the roof. Council Member Allison-Aasby stated she felt it should have been the responsibility of the Grand Opera House Foundation to come up with a plan to repay the City rather than City staff and the Council developing a plan for repayment. Council Member Herman was concerned about the financial condition of the Grand Opera House. Council Member Pech stated he supported the resolution. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS Mr. Rohloff indicated he had previously introduced Mr. White and Ms. Sutton and had nothing further to update on GOEDC. A workshop to review the health Insurance program would be held once the new council members were sworn in. Mayor Tower felt that the council member compensation was out of line with other cities the size of Oshkosh and suggested that a committee be formed to research and perhaps adjust the compensation of council members. Council Member Fitzgerald suggested that increasing the salary of the Council might appeal to more citizens to run for office. Council Member Herman felt council members put in long hours and stated his support for researching how other cities the size Oshkosh compensated their council members. ' 8 PROCEEDINGS OF THE COMMON COUNCIL-APR�� 14, 2015 Mayor Tower thanked the various people with whom he had worked over his eleven years of service on the Common Council. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CITY MANAGER ANNOUNCEMENT& STATEMENTS Mr. Rohloff stated a cooperative purchase of workstations was made for the Enterprise Resource Planning (ERP) Project. He stated the City Clerk's Office would accept applications for the vacant council seat until 10:00 a.m. on April 20, 2015. He reminded everyone that the organizational meeting for the new council would be held on Tuesday, April 21St at noon. MOTION: RECESS UNTIL NOON, APRIL 21, 2015 (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Panske, Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Mayor Tower The meeting recessed at 7:31 p.m. PAMELA R. UBRIG CITY CLERK 9 PROCEEDINGS OF THE COMMON COUNCIL � CITY OF OSHKOSH, WISCONSIN APRIL 21, 2015 OlHKQIH ON THE WATER RECESSED MEETING of April 14, 2015 held Tuesday, April 21, 2015 at noon in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Caroline Panske, Sean Fitzgerald, Steve Cummings,Tom Pech, Jr., Steven Herman, Deb Allison-Aasby and Mayor Tower ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney and Dave Patek, Director of Public Works CITIZEN STATEMENTS TO COUNCIL AI Hartman, 2425 Patriot Lane, thanked Sean Fitzgerald and Mayor Tower for their time served on the Council. Deputy Mayor, Allison-Aasby presented Council Member Fitzgerald and Mayor Tower with plaques recognizing their service on the Oshkosh Common Council. MOTON: ADJOURN SINE DIE (Pech; second, Herman) CARRIED: Ayes (7) Panske, Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Mayor Tower The meeting adjourned at 12:03 p.m. PAMELA R. UBRIG , CITY CLERK 1 PROCEEDINGS OF THE COMMON COUNCIL � CITY OF OSHKOSH, WISCONSIN APRIL 21, 2015 OlHKQIH ON THE WATER ORGANIZATIONAL MEETING held Tuesday, April 21, 2015 at 12:08 pm in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Caroline Panske, Tom Pech, Jr., Benjamin Stepanek, and Mayor Cummings ALSO PRESENT: City Manager, Mark Rohloff, Pamela Ubrig, City Clerk, and Lynn Lorenson, City Attorney and Dave Patek, Director of Public Works Ms. Ubrig stated newly elected mayor, Steve Cummings and newly elected council members, Deb Allison-Aasby, Tom Pech, Jr. and Benjamin Stepanek took their oath of offices prior to roll call. All oaths were administered by the Clerk. Mayor Cummings called three times for nominations of Deputy Mayorforthe Common Council. Council Member Allison-Aasby nominated Council Member Pech for Deputy Mayor. MOTION: CLOSE NOMINATIONS FOR DEPUTY MAYOR AND ELECT TOM PECH, JR. AS DEPUTY MAYOR (Allison-Aasby; second, Panske) CARRIED: Ayes (6) Allison-Aasby, Herman, Panske, Pech, Stepanek, Mayor Cummings The City Clerk declared Council Member Pech as Deputy Mayor. The Council seating assignments were decided as follows: (starting with the seat farthest to the right of the Mayor) Caroline Panske, Benjamin Stepanek, Tom Pech, Jr., Steve Cummings, vacant, Deb Allison-Aasby, and Steven Herman ORIENTATION OF CITY DEPARTMENTS FOR COUNCIL MEMBERS Mayor Cummings asked the Council if they wanted to discuss orientation and rules at the current meeting or wait until the vacant council seat was filled. Ms. Ubrig stated that she and the City Attorney had an appointment with Council Member Stepanek on Thursday, April 23`d to complete his orientation and stated once the vacant council seat was appointed she and the City Attorney would set up an orientation appointment with the new council member. Mr. Rohloff stated that the City offered individual department orientation to any Council Member at any time. 1 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 2�, 2015 DISCUSSION OF COUNCIL RULES Mayor Cummings asked Council Members for suggestions or recommendations for changes to the Council Rules. Council Member Allison-Aasby polled the Council for their thoughts on having the dollar amounts read for each agenda item. Mr. Rohloff stated he and Mayor Cummings had discussed the possibility of setting a dollar amount limit for items listed in the consent agenda; if an item was over the dollar limit it would be discussed separately. Mayor Cummings stated he and Mr. Rohloff also discussed identifying items on the agenda that were part of the CIP as they would have already approved in the budget process. The Council discussed the positives for identifying items on the agenda that were part of the CIP. Mr. Rohloff stated City staff strived to have a transparent agenda and welcomed any suggestions from the Council. Mayor Cummings asked the Council for their thoughts on allowing Citizen Statements to Council at both the beginning and end of the meetings. The Council discussed allowing Citizen Statements to Council at both the beginning and end of the meetings and concurred that twice per meeting was acceptable. Council Member Herman stated he felt the orientations were advantageous for new members of the Council. The Council discussed the benefits of individual department orientation. MOTION: ADOPT COUNCIL RULES (Pech; second, Allison-Aasby) CARRIED: Ayes (6) Allison-Aasby, Herman, Panske, Pech, Stepanek, Mayor Cummings Ms. Ubrig stated the deadline had passed for applicants to apply for the vacant council seat and she distributed to the Council all applications received. MOTION: ADJOURN (Pech; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 12:26 p.m. PAMELA R. UBRIG CITY CLERK 2