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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
N24,2015
OVEMBER
REGULAR MEETING held Tuesday, November 24, 2015, at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Cummings presided.
PRESENT: Council Members Caroline Panske, Benjamin Stepanek, Kyle Clark, Deb
Allison-Aasby, Steven Herman, Tom Pech, Jr., and Mayor Cummings
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney, James Rabe, Director of Public Works, and Trena Larson, Finance Director
Council Member Panske read the Invocation.
The Pledge of Allegiance was led by Emma Hass and Kyla Birschbach from Carl Traeger
Elementary School; and, Haylea Mraz and Lillian Balthazor form Carl Traeger Middle
school.
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ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director.
Receipt of Petition to return GO Transit bus stop to Simeanna Apartments Driveway.
Receipt and Filing of Museum Board Minutes from September 3, 2015 and October 1, 2015.
Receipt and Filing of Common Council Minutes from November 10, 2015.
Resolution 15-487 Approve Agreement with Jeff Foust Excavating, Inc. for 2015-2016
Snow and Ice Removal
Resolution 15-488 Approve Engineering Services Agreement with Brown and Caldwell for
2016 Site Review Services
Resolution 15-489 Approve Change Order No. 2 for Public Works Contract No. 14-11 with
Wood Sewer and Excavating, Inc. (+$66,650.40)
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PCC–N24,2015
ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Resolution 15-490 Award Bid for Public Works Contract No. 15-11 to Wood Sewer and
Excavating, Inc. for Sanitary Manhole Rehabilitation / Inflow-Infiltration
Reduction Program ($581,301.80)
Resolution 15-491 Award Bids for Chemicals for Water Filtration and Wastewater
Treatment Plants for 2016 (various amounts)
Resolution 15-492 Award Bid for to Air Liquide Industrial US LP for Liquid Oxygen for
Water Filtration Plant for 2016-2018 (Estimated $161,150.00/Per Year)
Resolution 15-493 Approve Engineering Services Agreement with AECOM Technical
Services, Inc. for Environmental Support during 2016 Calendar Year
($120,000.00)
Resolution 15-494 Approve Amendment to Engineering Services Agreement with CH2M
HILL Engineers, Inc. for Design and Bidding Services for the Marion
Road Water Tower Replacement (+$237,485.00)
Council Member Panske asked for an explanation of the resolution.
Steve Brand, Superintendent of Utilities, explained the reason for the amendment was due
to the decision to relocate the water tower on a new, City owned site rather than use the
existing site. He stated the development of the new site included storm water
improvements, soil studies, and water main piping. He also stated the amendment
incorporated enhancements such as panels to conceal cellular antennae.
Council Member Panske asked if the amendment would affect the timeline of the water
tower project.
Mr. Brand stated the amendment would not affect the timeline of the water tower and he
expected bids to go out for the project within the next year.
Resolution 15-495 Approve Change Order No. 2 for Public Works Contract No. 15-07 with
PTS Contractors, Inc. (+$55,771.38)
Resolution 15-496 Approve Authorizing Submittal of Environmental Protection Agency
Brownfields Assessment Grant for Petroleum and Hazardous
Substance Grant to be used in Designated Redevelopment Areas and
Scattered Sites throughout the Commmunity
Resolution 15-497 Approve Authorizing Submission of Environmental Protection Agency
Brownfields Revolving Loan Fund Grant Application
Resolution 15-498 Approve Accepting Dedication of Street Right of Way Adjacent to 450
rd
West 33 Avenue (Plan Commission Recommends Approval)
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Resolution 15-499 Approve Releasing Detention Basin Easement; South of Ruffed Grouse
Way (Plan Commission Recommends Approval)
Resolution 15-500 Approve Special Event – Rotary Club of Oshkosh to utilize Leach
Amphitheater and City Streets for their Snowflake Shuffle / February 13,
2016
Resolution 15-501 Approve Special Event – Digital Documents LLC to utilize Opera House
Square and Market Street for Square Fare / June 18; July 19; August
20; September 7 and October 15, 2016
Resolution 15-502 Approve Special Event – ARC Restoration to utilize City Streets for
Oshkosh Gus Macker 3-on-3 Basketball Tournament / August 26, 27
and 28, 2016
Resolution 15-503 Approve Appointment for Landmarks Commission
Resolution 15-504 Approve Special Class “B” Licenses, Agent Change for Combination
“Class A” License and Operator Licenses
MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Clark)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
ATOR
CTION AKEN ON RDINANCES AND ESOLUTIONS
Ordinance 15-505 Approve Zone Change of Properties at Parkway Avenue and Boyd
Street from C-1 Neighborhood Business to R-2 Two Family Residence
(Plan Commission Recommends Approval)
MOTION: ADOPT (Clark; second, Panske)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Ordinance 15-506 Approve Request to Annex to City from Town of Oshkosh; Storm
Water Utility Annexation #3; 3400 Block North Main Street (Plan
Commission Recommends Approval)
MOTION: ADOPT (Clark; second, Allison-Aasby)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Council Member Herman asked if the Town of Oshkosh was in agreement with the
annexation.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Mr. Rohloff stated the proposed ordinance was for property the City was acquiring as part of
a storm water detention pond project.
Mr. Rabe stated the Storm Water Utility owned the property where the detention pond would
be built.
Ordinance 15-507 Amend Direct Sellers / Solicitors License Fee
MOTION: ADOPT (Clark; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Ordinance 15-508 Approve Parking Regulation Changes on Southland Avenue, Church
th
Avenue, 7 Avenue and Minnesota Street
FIRST READING; LAID OVER UNDER THE RULES
Resolution 15-509 Approval of Special Event - Christine Ann Domestic Abuse Services,
Inc., to utilize City Streets for their Race for the Light Walk - Run /
December 5, 2015
MOTION: ADOPT (Clark; second, Herman)
CARRIED: Ayes (6) Panske, Stepanek, Clark, Allison-Aasby, Herman, Mayor
Cummings
Council Member Pech stated he would exclude himself from discussion and voting on the
resolution as he had a relationship with the event.
Resolution 15-510 Designate Greater Oshkosh Economic Development Corporation as
Official Economic Development Organization for City of Oshkosh
MOTION: ADOPT (Clark; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Gary Gray, 815 W. Linwood Avenue, asked what the significance was of designating the
Greater Oshkosh Economic Development Corporation as the official economic development
organization for the City.
Mr. Rohloff stated the primary reason for designating the Greater Oshkosh Economic
Development Corporation (GOEDC) as the official economic development organization for
the City was so that inquiries made at the State level were funneled through one agency
instead of multiple agencies.
Council Member Herman asked for an explanation on the partnership between the City and
GOEDC.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Allen Davis, Director of Community Development, stated GOEDC responded to inquiries
received by the City from other economic development entities regarding potential sites in the
City of Oshkosh. He stated GOEDC was also in the process of expanding the Economic
Development Revolving Loan Fund in addition to coordinating the Aviation Business Park
Clusters.
Council Member Pech indicated besides the City’s $167,000 contribution, GOEDC was
funded two thirds by private partners.
Mr. Davis clarified that the City’s $167,000 contribution to GOEDC included funds allocated
to GOEDC from Winnebago County.
Mr. Rohloff added surrounding townships and villages were also contributing funds to
GOEDC.
Council Member Clark stated the Town of Algoma designated a majority of its economic
development funds to GOEDC.
Resolution 15-511 Award Bid to PTS Contractors for Contract No.15-09 Aviation Business
Park ($2,872,645.18)
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Council Member Pech asked for an explanation of the resolution.
Mr. Davis explained the City and the County previously purchased land adjacent to Wittman
Regional Airport for the expansion of aviation related businesses. He stated the
environmental studies, permit process, and bidding had been completed and the contract
could now be awarded. He also stated the project came in under budget and the property
would be available to businesses in 2016.
Resolution 15-512 Authorize Submitting Application to Wisconsin Economic Development
Corporation for Community Development Investment Grant on Behalf of
the Oshkosh Community YMCA; Accept Funds; Approve Agreement
with YMCA for City’s Administration of Community Development
Investment Grant
MOTION: ADOPT (Herman; second, Pech)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Council Member Herman asked for an explanation of the resolution.
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PCC–N24,2015
ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Mr. Davis explained the downtown YMCA met the criteria to apply for a grant to help fund
their expansion project. He stated the grant would be given to the City, who would turn the
funds over to the YMCA. He explained the YMCA would be responsible for the matching
funds and the City would be reimbursed for the time staff provided for administrative draws.
Resolution 15-513 Authorize Submitting Application to Wisconsin Economic Development
Corporation for Idle Industrial Sites Redevelopment Grant on Behalf of
the Morgan District LLC for Former Jeldwen Property in South Shore
Redevelopment Area; Accept Funds; Approve Agreement With the
Morgan District LLC for City’s Administration of Idle Industrial Sites
Redevelopment Grant
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Council Member Pech asked for an explanation of the resolution.
Mr. Davis stated that the redevelopment of the Morgan District would require new utilities
and roads which qualified the project for a WEDC grant for idle industrial sites. He
explained the grant would be awarded to the City who would turn the funds over to the
Morgan District who would be responsible for the matching funds and the City would be
reimbursed for the time staff provided for administrative draws. He stated the expectation
was for the improvements to spur additional growth of redevelopment to the Morgan District
site to provide a mixture of commercial and residential properties.
Council Member Herman asked if the riverwalk was included in the grant for the Morgan
District.
Mr. Davis stated the riverwalk was part of a separate grant and was not included in the
Morgan District grant application.
Resolution 15-514 Adopt 2016 City Budget
MOTION: ADOPT (Pech; second, Clark)
MOTION: AMEND TO INCLUDE LINES 1-18 IN EXHIBIT A (Clark; second, Pech)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Mr. Rohloff explained that staff had provided Council with a template to make amendments
to the budget and that all their proposed amendments had been added to a worksheet
which was labeled Exhibit A. He suggested that Council discuss and vote on each
amendment separately.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Council Member Pech explained to the public that although approval of the budget might
appear quick, Council had been working on the budget since July and had completed six
budget workshops. He stated the budget received serious, deliberate consideration by the
Council as well as significant support, input, and the assistance from City staff.
Mayor Cummings stated he preferred the strategy used by City staff and Council Members
to prepare the 2016 budget.
Council Member Herman stated he also preferred the strategy used by City staff and
Council Members to prepare the 2016 budget and asked Mr. Rohloff to highlight areas of
the budget that would be of interest to citizens.
Mr. Rohloff stated, assuming the proposed amendments to the budget were adopted, the
mill rate proposed for the City would be between 9.76 and 9.78 which was a $.20 to $.22
increase from 2015. He stated the levy increase would be approximately 2.8%. He also
stated there would be changes made in the Community Development Department and that
a rental inspection program would be implemented.
Mayor Cummings stated an important component of the 2016 budget was that all the
activities completed by the different departments supported and were used to execute the
Strategic Plan of the City.
MOTION: AMEND TO ADD A POLICE OFFICER (Clark; second, Pech)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Council Member Clark asked in addition to the amendments made to the budget, if the
amount for the treadmills for the fire department were left in, would the budget meet the
expenditure restraint requirements.
Mr. Rohloff stated with all the amendments considered and including the treadmills for the
fire department, the City budget would meet its expenditure restraint requirements. He
indicated with the amendments and the treadmills, the mill rate would be 9.7873 which was
an increase of 2.86%. He stated the levy would be $34,286,700.
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Resolution 15-515 Approve 2015 Tax Levy
MOTION: ADOPT (Pech; second, Clark)
Council Member Herman asked if the levy would be 2.86% with the addition of the police
officer position.
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PCC–N24,2015
ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Mr. Rohloff indicated with the amendment for the additional police officer, the levy would be
$34,286.700 which was an increase of 2.86%.
MOTION: AMEND TAX LEVY AMOUNT TO $34,286,700 (Clark; second, Pech)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Resolution 15-516 Approve 2015 Tax Rates
MOTION: ADOPT (Pech; second, Clark)
Mr. Rohloff reported there would be an increase in the State credit which meant the rate for
all taxing entities would be reduced to 24.535.
MOTION: AMEND CITY LEVY TO $34,286,700; 2015 CITY TAX RATE 9.787;
TOTAL TAX LEVY AND RATE 24.535
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Resolution 15-517 Approve 2016 Capital Improvement Plan
Mr. Rohloff explained there were proposed amendments to the Capital Improvement Plan
(CIP) made by Council during various budget workshops. He stated the proposed
amendments and their affect on the budget were indicated on the worksheet provided to
Council.
MOTION: ADOPT (Pech; second, Panske)
MOTION: AMEND TO DELETE $25,000 FROM BICYCLE AND PEDESTRIAN
INFRASTRUCTURE AND ADD $25,000 TO PROJECT
CONTINGENCY FUND (Clark; second, Pech)
CARRIED: Ayes (6) Stepanek, Clark, Allison-Aasby, Herman, Pech, Mayor
Cummings
Noes (1) Panske
Council Member Clark reminded the public that although approval of the budget might
appear quick, Council had been working on the budget since July.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
MOTION: AMEND TO DELETE $28,000 - NEW VEHICLE STORAGE BUILDING
(WATER FILTRATION) (Pech; second, Clark)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Council Member Herman stated he proposed the amendment to remove $28,000 from the
CIP budget for the vehicle storage building at the wastewater treatment plant as he felt the
structure could be completed with the funds already budgeted for the project.
MOTION: AMEND TO ADD $331,300 TO SOUTHWEST INDUSTRIAL PARK
AMENDMENT (WPS UTILITIES) (Pech; second, Clark)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Mr. Rabe stated $331,300 was the cost to install natural gas, electricity, and backbone
utilities in the Southwest Industrial Park expansion area to make the lots marketable.
Council Member Pech stated the City would recoup its investment for the utilities once the
lots were sold.
Council Member Herman asked if any issues could potentially develop with the Southwest
Industrial Park expansion land.
Mr. Rabe stated he did not anticipate any issues with the Southwest Industrial expansion
land as the land was undeveloped prior to the City completing the municipal infrastructure.
Council Member Allison-Aasby asked if the proposed amendment would result in going
beyond the 11.4 million dollars the City had capped itself for the CIP.
Mr. Rohloff stated the proposed amendment would be funded by reducing the amount of
borrowing for special assessments.
Council Member Allison-Aasby stated it was important to the Long Range Finance
Committee and the City’s debt ratio that the CIP stay at or below the 11.4 million dollar cap.
MOTION: AMEND TO ADD $1,807,000 TO RAILROAD SPUR FOR
SOUTHWEST INDUSTRIAL PARK (Pech; second, Clark)
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Council Member Pech explained that of the $1,807,000 allocated for the Railroad Spur
Project, $200,000 already had been authorized in the 2015 CIP; $1,000,000 would be
funded through a grant; and $607,000 would be a private contribution from a business
located in the Southwest Industrial Park.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Mr. Davis stated he felt the railroad spur project would be an economic development driver
for businesses in the northeast region of the state.
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Mayor Cummings thanked those involved in the budget process for their long hours of
service.
Council Member Herman stated he felt that the Council and City staff worked as a team to
comprise a budget that coincided with the Strategic Plan and was in the best interest of the
citizens of Oshkosh.
Council Member Pech thanked the Long Range Finance Committee for their contributions to
the budget process and stated although the budget was approved quickly during the
meeting, the long, hard process had started back in July.
Council Member Allison-Aasby stated having department heads prioritize their budget
Capital Improvement Projects made it easier for the Council to evaluate projects to be
considered in the budget.
Resolution 15-518 Approve Agreement with Wisconsin Public Service for Southwest
Industrial Park Expansion (TID #23) ($331,300.00)
MOTION: ADOPT (Pech; second, Clark)
CARRIED:Ayes (7) Panske, Stepanek, Clark, Allison-Aasby, Herman, Pech,
Mayor Cummings
Resolution 15-519 Amend Fee Schedule to Increase Annual Recycling Fee to $35 per unit
MOTION: ADOPT (Allison-Aasby; second, Clark)
CARRIED: Ayes (6) Panske, Stepanek, Clark, Allison-Aasby, Pech, Mayor
Cummings
Noes (1) Herman
Council Member Herman asked for an explanation for the proposed increase in the annual
recycling fee.
Mr. Rohloff explained there were three contributing factors for the increase in the annual
recycling fee: 1) a reduction in State aid for recycling; 2) a decreased market for recyclable
materials; and 3) a growing deficit in the recycling fund due to the reduction in State aid and
the decrease in recyclable material revenue. He stated the recycling fund was used to
replace aging recycling vehicles.
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PCC–N24,2015
ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Council Member Pech asked if recycling fees previously paid to the State by tax payers
were accounted for in the amount of the reduction of State aid.
Mr. Rohloff stated he did not know what the numbers were State wide, but the amount of
the reduction in State aid to the City was $50,000.
Council Member Herman asked if there was a cost analysis completed to determine the
amount of the increase in the recycling fee.
Mr. Rohloff stated analysis for the recycling fee increase was completed by the Public
Works Department and it was determined there was a deficit in the fund to the replace aging
recycling vehicles.
Council Member Panske asked if the recycling fee could be amended if the market for
recyclables increased or the City received additional State aid for recycling.
Mr. Rohloff stated the recycling fee could be amended if the market for recyclables
increased or the City received additional State aid for recycling.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
th
A meeting with Council and State Legislators would be held on December 7 at 4:30 p.m. at
the Oshkosh Public Library.
A workshop to discuss the Parking Study (Walker Parking Consultants) would be held on
th
January 12.
A presentation on the Central City Investment Strategy was tentatively scheduled for the
th
Plan Commission and Council Members for December 15 at 5:30 p.m.
Council Member Allison-Aasby stated she had noticed noxious odors coming from the
Winnebago County Landfill and asked what they were.
Mr. Rabe stated although the Winnebago County Landfill had been closed, the sludge
portion of the landfill remained open and the odor was the result of decaying material. He
stated that landfill operators were researching odor mitigation options and in the meantime
were placing woodchips over the sludge in an effort to curtail the odor.
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ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
CMAS
ITY ANAGER NNOUNCEMENT AND TATEMENTS
Mr. Rohloff stated a decision would be made by the next Council Meeting on whether or not
nd
there would be a Council Meeting on December 22. He announced an agreement for
engineering services was made with Brown and Caldwell for general storm water services
for 2016 ($30,905.00); and a cooperative purchase was made for a network switch for the IT
Division. He provided the Council with the Third Quarter Revenue and Expense Financial
Statements. He stated he wanted to make a correction to a statement made at the
th
November 10 Council Meeting regarding collective bargaining agreements; he
acknowledged he had misspoken when he stated the City was under an arbitration ruling for
union contracts with its public safety unions. He stated it was important for the City to have
good relations with its labor unions and confirmed a letter of apology had been forwarded to
the Local 316 representatives.
Mayor Cummings wished the public a Happy Thanksgiving.
MOTION: ADJOURN (Clark; second, Allison-Aasby)
CARRIED: VOICE VOTE
The meeting adjourned at 7:31 p.m.
PAMELA R. UBRIG
CITY CLERK
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