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HomeMy WebLinkAbout04. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 9, 2019 REGULAR MEETING held Tuesday, April 9, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Steven Herman, Deb Allison-Aasby, Lori Palmeri, Matt Mugerauer, Jake Krause, Tom Pech, Jr. and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Herman read the Invocation. The Pledge of Allegiance was led by Dakota Raddatz, Kaelen & Kendrick Bukovat from Shapiro STEM Academy. INTRODUCTION OF CITY STAFF James Rabe,Director of Public Works,re-introduced Justin Gierach, Engineering Division Manager and City Engineer, and Steve Gohde, Assistant Director of Public Works and Utilities General Manager. He explained the Engineering Division had experienced reorganization and Mr. Gierach and Mr. Gohde had taken on new roles. PRESENTATION Pamela Ruder, Executive Director, Greater Oshkosh Healthy Neighborhoods Inc., presented a review of 2018 and goals for 2019. PUBLIC HEARINGS Resolution 19-203 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay), Water Main & Laterals (New & Relay), Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 19-07 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 A) Sheridan Street (West Murdock Avenue to Roosevelt Avenue) S) Mitchell Street(West Murdock Avenue to north of West Linwood Avenue) C) Crane Street (West Murdock Avenue to Roosevelt Avenue) D) Plymouth Street (West Murdock Avenue to Roosevelt Avenue) Council Member Allison-Aasby explained she lived on Mitchell Street and therefore would vote present. MOTION: ADOPT (Palmeri; second, Mugerauer) CARRIED: Ayes (6) Herman, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Present (1) Allison-Aasby Ordinance 19-204 Approve Official Mapping for 30 foot wide Riverwalk Along the North Shore of the Fox River at 1005 High Avenue (Axletech International) (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES CITIZEN STATEMENTS Roy Carpenter, 702 W. 91h Avenue, stated he was frustrated about a bill he received for not shoveling his sidewalk. He indicated he removed the snow promptly after each snow fall. Mr. Rohloff explained Mr. Carpenter could speak with public works regarding his concern. Mr. Carpenter stated he had been uncertain about who he should bring the complaint to. Mr. Rohloff explained Mr. Carpenter could speak with James Rabe, Director of Public Works, and thanked him for bringing his concern to the attention of City staff. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of the Oshkosh Common Council Minutes January 8 & March 26, 2019 2 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 Receipt of Claim filed with the City's Insurance Company: A) Susan Tatum for alleged damages to vehicle from an Oshkosh fire truck Oshkosh Board of Canvass filing of the Official Statement of Votes Cast for the April 2, 2019 Election for Oshkosh Mayor & Common Council Members Resolution 19-205 Approve 2018 End of Year Fund Transfers Resolution 19-206 Amend 2019 Operations Budget for Grand Opera House ($6,725.15) & Police Special Funds ($75,000.00) Resolution 19-207 Award Bid to Core and Main & Ferguson Waterworks for 2019 Service Parts, Valve Parts &Hydrant Parts for Water Utility Division ($150,992.07 estimated) Resolution 19-208 Award Bid to Vermeer Wisconsin for Stump Cutter for Forestry Division ($51,331.26) Resolution 19-209 Award Bid to Altec Inc. for Aerial Lift Truck for Forestry Division ($212,315.35) Mayor Cummings stated that he understood that this item and a number of other bids had come in under budget. Mr. Rohloff explained that was true. He stated some items had come in hundreds of dollars under budget, while others came in thousands under budget. Resolution 19-210 Award Bid to Packer City International & Monroe Truck Equipment for Single Axle Truck Chassis & Equipment Package for the Street Division ($183,844.00) Resolution 19-211 Approve Cooperative Purchase of Crime Scene Unit From LDV Custom Specialty Vehicles for Police Department ($132,793.00) Resolution 19-212 Award Bid for Public Works Contract No. 19-06 to Al Dix Concrete, Inc. for Concrete Sidewalk (New & Rehabilitation) ($1,408,950.00) Council Member Mugerauer asked for an explanation of why there had only been one bid received for the project. 3 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 James Rabe, Director of Public Works, stated anytime there was only one bid received for a project, City staff conducted additional research. He explained City staff had contacted another vendor to understand their reasoning for choosing not to bid, and learned the contractor felt the project was too complicated. He stated bid costs had increased, in part due to the increase in the cost of concrete. He explained the bid had been received several weeks ago, however, because there had only been one bid City staff took additional time to award the bid. Council Member Herman questioned if this was the third year Al Dix had bid to complete the sidewalk program. Mr. Rabe stated they had bid for the last four or five years. Council Member Herman stated he believed Al Dix would understand the scope of the project including the areas of the City where the work would be completed, the number of aprons and the necessity to remain compliant with the Americans with Disabilities Act (ADA). Mr. Rabe stated Al Dix was aware of the general areas, however, it had not been determined exactly which squares would be replaced. Council Member Herman explained he understood that. He stated while he understood it was important to review different vendors, he believed there was benefit to hiring a contractor who was familiar with the City. He explained he believed if a company placed a bid and did not receive it, oftentimes they did not bid in the future as they believed they would not be able to compete. Mr. Rabe stated that did happen; contractors often put the work into bids in which they believed they would be successful. Resolution 19-213 Approve Initial Resolution for Special Assessments for Storm Sewer Laterals Relating to Contract No. 18-20 / 1633 Doemel Street with Signed Waiver Resolution 19-214 Approve Acceptance of Waivers of Special Assessment Notices & Hearings for Storm Sewer Laterals relating to Contract No. 18-20 Resolution 19-215 Approve Final Resolution for Special Assessments for Storm Sewer Laterals Relating to Contract No. 18-20 / 1633 Doemel Street with Signed Waiver 4 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 Resolution 19-216 Authorize Oshkosh Police Department to enter into Agreements for Provision of Police Services / Special Details & Events Council Member Palmeri questioned if a partial deposit or down payment would be required for events requiring special details from the police department. Dean Smith, Chief of Police, stated according to the special events ordinance, Council had the ability to request a deposit,either full or partial. He explained the resolution included what was generally already provided for shareholder meetings and events at the Menominee Arena that did not fall under the breadth of special events. Council Member Palmeri explained she believed the difference was such detail assignments would occur outside the City limits. Chief Smith stated they were items that would typically be covered by the police department within the City limits. Ms. Lorenson explained Rock USA and Country USA were located outside of the City limits, and the resolution would cover those events. She stated there had not been discussion related to requiring a deposit; the resolution formalized a practice that had already been in place. Council Member Palmeri explained it was her understanding that the agreements would replace special events policy as the events did not fall within the category of special events within the City. Ms. Lorenson stated that was correct. Resolution 19-217 Approve Special Event - Cabela's National Walleye Tour to utilize Menominee Park for the National Walleye Tour (NWT) fishing tournament/May 1-3, 2019 Resolution 19-218 Approve Special Event — Center for Youth Evangelism to hold the Chosen International Pathfinder Camporee at the Experimental Aircraft Association (EAA) grounds & to utilize William A. Steiger Park Boat Launch located at 200 N. Campbell for a Water Ski Show/ August 12-18, 2019 Resolution 19-219 Approve Appointment for Mayor- East Central Wisconsin Regional Planning Commission 5 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 Resolution 19-220 Approve Operator Licenses MOTION: ADOPT CONSENT AGENDA (Herman; second, Allison-Aasby) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-221 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with Planned Development Overly (SMU-PD) at 2625 South Washburn Street MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Ordinance 19-222 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with Planned Development Overly (SMU-PD) at 2080 Witzel Avenue (Plan Commission Recommends Approval MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Ordinance 19-223 Approve Parking Restriction on East Waukau Avenue (Traffic & Parking Advisory Board Recommends Approval) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Council Member Herman asked for an explanation of the ordinance. James Rabe, Director of Public Works, explained there was a wastewater pump station on E. Waukau Avenue, and at peak times during the fishing season the portion of the street experienced a number of park vehicles, which prevented maintenance workers from accessing the pump station. He stated it was a critical piece of infrastructure and if City staff could not perform necessary maintenance it could result in a sewer back up into 6 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 the collection system. He explained he had worked with Jim Collins, Director of Transportation, to create a no-parking zone to allow City staff access. Ordinance 19-224 Approve Zone Change from Suburban Mixed Use District (SMU) to Multi-Family Residential 12 (MR-12) at the 1400 Block of Osborn Avenue (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-225 Establish Regulations for the use of Electronic Smoking Devices MOTION: SUSPEND RULES (Pech; second, Herman) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Lynnsey Erickson, 240 Algoma Boulevard, Apartment 310, stated she was a community health strategist with the Winnebago County Health Department. She thanked Council for wanting to protect the health and safety of the City's youth and community. She stated the long term effects of e-cigarettes were unknown,however, the short term effects were negative to both the person using the device and those around them through second hand smoke. She thanked Council for taking action, in spring of 2018 it had been found that up to 30 percent of high school students had reported using e-cigarettes in the 30 days preceding the survey, which was nearly twice the rate of state and national average. She stated one of the products they were most concerned about was Juul, which resembled a flash drive, and was popular amongst the youth as it was available in a variety of flavors. She explained a similar product was Suorin. She stated they did not expect the trend to change unless access to the products was addressed. She explained comprehensive policies such as smoke free air ordinances were most effective and would include e-cigarettes. She stated many local municipalities had strengthened their clean indoor air policies by addressing e-cigarettes and vaping. Mayor Cummings stated he had a discussion with a parent of a high school student who was concerned about damage to vocal cords. He questioned if that was an effect of using those types of products. Ms. Erickson explained that there were weekly reports of health concerns due to the 7 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 products as they contained a significant amount of nicotine. She stated the lungs and heart could be impaired. Council Member Herman asked for an explanation of the importance of the ordinance. Dean Smith, Chief of Police, explained the police department did not have an enforcement tool with juveniles on school property. He stated e-cigarettes were comparable or even more harmful than regular cigarettes, which were currently regulated amongst juveniles within the school system and throughout the City. He explained the goal was not to begin issuing numerous tickets; he believed educating the youth was important, however, the police department did need an enforcement tool for it to be effective. Council Member Herman questioned what the ordinance established. Ms. Lorenson stated the ordinance regulated the purchase or possession of e-cigarette products by minors. She explained it would prohibit anyone from using the products within City owned buildings or on school grounds. She stated the penalties would mirror tobacco penalties. Council Member Herman questioned if the ordinance solely focused on minors and if an adult would still be able to use an e-cigarette in a public restaurant. Ms. Lorenson stated it was focused on minors for purchase, possession and sale, however, for City buildings, facilities and school grounds it would cover anyone. She explained it was not directed at restaurants or similar venues. Council Member Herman explained there was a parks ordinance related to smoking and questioned if that would incorporate e-cigarettes as well. Chief Smith questioned if Council Member Herman was referring to juveniles. Council Member Herman stated yes. Chief Smith explained that any individual under the age of 18 would be prohibited from possessing or using an e-cigarette in any public space or facility. Council Member Krause questioned if enforcement would take place City-wide and in public owned buildings and schools. 8 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 Chief Smith stated yes. Ms. Lorenson explained yes, in relation to minors. Council Member Krause questioned if it would regulate devices that did not contain nicotine, prohibiting the sale and possession of any vaping product to minors. Ms. Lorenson stated that was correct. Council Member Krause questioned if along with a fine, the item would be confiscated from the minor. Chief Smith stated yes, as it would be considered evidence. Council Member Palmeri explained in the ordinance it stated the fine would not be less than $25 dollars or more than $500 dollars. She asked for an explanation of why there was such a range. Ms. Lorenson explained when there was a range, the officer would typically write the ticket for the lower amount, and the court would have the ability to raise the fine in appropriate circumstances. Ordinance 19-226 Create Temporary No Wake Zone in The Fox River NorthUpstream of Wisconsin Street Bridge for Water Ski Show/ Center for Youth Evangelism— Chosen International Pathfinder Camporee / Thursday, August 15, 2019, 2 p.m. until 4 p.m. (Staff Recommends Waiving Second Reading) MOTION: SUSPEND RULES (Pech; second, Herman) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Council Member Herman stated the item had been discussed by the parks advisory board. He explained the group would be visiting Oshkosh to attend EAA and had wanted to create an event to entertain the students. 9 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 Kathy Snell, Special Events Coordinator, explained each year when the International Pathfinder group visited the area they created an event; in the past it had been parades and speakers. She stated this was an additional opportunity for the group to give something back to the community and would be open to the public. Council Member Herman explained the event would take place near the Senior Center and the boat launch in that area would be closed during the event. Council Member Palmeri questioned if there would be signage or buoys indicating that the area was closed. Council Member Herman stated any passing boats would be directed to the sides of the waterway, and the Winnebago County Sherriff's Department may have their patrol boat out to help direct traffic. Ms. Snell explained the group was also working with the Coast Guard Auxiliary. She stated they would purchase buoys to place at each end of the area as a warning. Council Member Herman stated navigation had to remain open by law as it would take place within a public waterway. He explained the group would make sure enforcement agencies would direct any boats coming through the area to one side of the waterway. Resolution 19-227 Resolution of the Common Council of the City of Oshkosh, Winnebago County, Wisconsin Requesting that the Wisconsin State Legislature Reaffirm Its Commitment to Reimburse Local Governments in Their Entirety for Personal Property Exemptions for Machinery MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Mayor Cummings asked for an explanation of the resolution. Mr. Rohloff explained it was related to a recent discussion with state legislators about personal property exemptions. He stated the legislators had been under the assumption that cities were being made whole, when the reality was a ruling by the attorney general broadened the definition of machinery to apply to more than what the legislature had intended. He explained as a result, businesses were taking advantage of the exceptions, and by law the City was required to allow it. He stated the intention was that the State 10 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 would make the cities whole, however, Oshkosh had already lost an additional $7.8 million dollars in value over and above what the State had made the City whole on. He explained that would equate to approximately $82,000 annually for the foreseeable future. He stated City staff had estimated there would be tens of millions of dollars in lost value and he did not believe the legislature had recognized the impact. He explained the resolution asked the legislature to examine the true impact to municipalities and abiding by its commitment to make cities whole. He stated he believed over the next several years, more businesses would likely take advantage of the exception, and therefore it would be appropriate for the City to be made whole going forward. He explained the local legislators had been under the assumption that the City had been made whole and the recent discussion had been an eye-opener. Trena Larson, Finance Director, stated one of the vendors the City had recently approved a refund for had indicated that they had approached 25 out of 32 municipalities in which they hold businesses and requested the refund. She explained it was a movement that would gain momentum as more businesses became aware of the exemption. She stated the refunds would be a budgetary item within the annual operations budget. Council Member Herman explained he and Council Member Allison-Aasby had withdrew the item for discussion at the previous Council meeting as they had requested that a resolution be drafted. He stated it was his understanding that the ruling had occurred under the former attorney general and there was an effort to present the information to the new attorney general in hopes that it would be reevaluated. He explained he believed the information also needed to be provided to the heads of the assembly and senate along with the committee that originally brought the idea forward. He stated this was another example of the State taking away home rule from communities. Mr. Rohloff thanked Council for the additional suggestions. Mayor Cummings stated having owned his own business, he understood how cumbersome keeping track of personal property was. He explained he believed it was a positive thing to have eliminated, however, the problem was the State was not following through on their commitment to keep municipalities whole. He stated he believed the City's response was appropriate. Council Member Palmeri stated it was her understanding that homeowners would experience another tax shift of approximately two percent on top of the existing five percent from the dark store concern. She questioned if that was an accurate estimate. 11 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 Mr. Rohloff explained he did not recall the exact estimate,however, it was true that if the State did not make the City whole, it would shift the tax burden to residential property owners. He stated personal property tax was a nuisance and believed if it was eliminated and the State made municipalities whole, businesses and communities would be much better off. Ms. Larson stated during a recent Council meeting when a refund had been approved there had been discussion about the impact in the tax base and Mr. Davis had estimated the impact to homeowners. Mr. Davis stated that was correct; he explained it was the equivalent of approximately $50 million dollars in Oshkosh alone. Council Member Allison-Aasby thanked Council Member Herman for agreeing that this was an item that should be brought forward as a resolution as it would hopefully draw attention from legislators. She stated the tax burden would shift to residential property owners, who were already impacted by a number of other things. She recommended Oshkosh Media publish a press release in regards to the topic. She stated she hoped it would inspire other communities to adopt the topic as a resolution, giving municipalities more of a voice at the State level. Council Member Pech explained he believed the $82,000 shortfall equated to approximately two cents shifted on the levy to residential property owners. Resolution 19-228 Approve Specific Implementation Plan for a Contractor Yard at 2625 South Washburn Street (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Resolution 19-229 Approve General Development Plan for Senior Living Community Located at 2080 Witzel Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Council Member Palmeri stated she was pleased to see the prospect of additional senior living space as it was needed in the City. 12 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS There was no Council discussion, direction to City Manager or future agenda items. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings explained the Unity in Community event was scheduled for Saturday, April 131h from 11 a.m. until 3 p.m. at the Oshkosh Convention Center. He stated it was a free, family event with an educational component. He explained there would be various forms of entertainment and diverse food. He thanked the steering committee for their devotion to the event. Council Member Allison-Aasby stated she appreciated all of the work that went into the event, although unfortunately she would be unable to attend. Council Member Pech thanked the citizens of Oshkosh for the honor and privilege of representing them the past eight years. He stated it had been a momentous eight years, with the revitalization of the downtown hotel and subsequent downtown redevelopment, the river walk and the significant investments in infrastructure. He stated long term debt had been addressed, including a significant pension debt. He explained a private/public partnership had been created with the Greater Oshkosh Economic Development Corporation and the Greater Oshkosh Healthy Neighborhoods Inc. He stated a dilapidated structure had been removed from S. Main Street and replaced with the Menominee Arena. He explained all of the accomplishments were a result of the trust and mutual respect between Council Members and the citizens. He stated he hoped future Councils would maintain the attitude of trust and mutual respect. He thanked all of the Council Members for their service, especially Council Members Allison-Aasby, Herman and Mayor Cummings, with whom he had served the past eight years. He explained words only matter when they were put into action and he had always conducted himself by telling people what he would do and then going out and doing it. He stated although he would leave his Council seat, he would still be involved. Mayor Cummings explained he echoed the sentiments of Council Member Pech. He stated the City had changed dramatically in the last ten years. He explained he had a passion for the City; the past, present and future, which had never looked better. He thanked the great City staff and citizens. 13 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 Council Member Mugerauer stated two state representatives would be present Monday, April 151h in Council Chambers from 4:30 p.m. to 5:30 p.m. for a budget listening session. He encouraged members of the public to attend. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Council Member Mugerauer stated the long range finance committee had made a recommendation to Council ninety days ago regarding special assessments, and he understood Mr. Rohloff and City staff were working on it. He requested an update. Mr. Rohloff explained City staff met with staff from the City of Neenah to gain a better understanding of what they were doing. He stated they had gleaned some information, however, Oshkosh had unique circumstances that required further discussion. He explained the topic would be brought before Council in the near future. He stated the transition to monthly utility billing was in progress and every customer would receive a transition bill this month. He explained City staff believed it would help individuals budget and make paying City utilities easier. He stated the Council had given him a goal to find funding sources for public safety improvements and a study had been completed by Matrix Consulting for the police department and the fire department was in the midst of a similar study. He explained Council had received a report after the budget was adopted, however, prior to the budget being adopted Council had approved additional funds totaling $117,000 dollars. He stated Dean Smith, Chief of Police, had provided a recommendation of how to implement phase one of the project. He explained there would be an additional impact of $175,000 in subsequent years; he believed it was Council's intention to allow for the City to absorb the cost over a period of time. He stated the goal was to implement the first phase in August to allow for recruitment to begin. Council Member Mugerauer explained he was concerned about the implementation of the police department staffing study without Council's direct approval. He stated if it came through the budget process, Council would have given approval and added members to the organizational chart. He explained he believed Council's approval process had been circumvented by Chief Smith and Mr. Rohloff. He stated he understood an additional $117,000 had been set aside during the budget season as a contingency; it was not specific to any one position. He explained the intent should have been to bring the item back to Council for budget approval. He stated it had a significant impact on next year's expenditure restraint limits. He explained he was concerned with the precedence it set for City staff to be able to add individuals to the organization chart without Council's input or approval. He stated he understood the chief needed the 14 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 positions and the study confirmed that and he would be supportive of adding the individuals, however, the process was important. Mr. Rohloff explained he believed Council had provided direction through the funding of the $117,000 dollars, and part of the reason Council had not specified positions at the time was that the study had not been completed. He stated Council had participated in a workshop several months ago and had endorsed the recommendation. He explained his understanding was that Council had approved the positions. He stated if Council disagreed he could handle such direction differently going forward, however, he believed he had taken direction from Council based on a specific goal. He explained the fire department staffing study would be completed in the near future and would be considered during the budget process. He stated he believed Council had approved the $117,000 dollars and the City would stay within the budget due to that. He explained he had taken the recommendations from Chief Smith as he felt they were measured and appropriate. Council Member Herman stated he agreed with part of what Council Member Mugerauer had said. He explained it was a goal and$117,000 dollars had been budgeted. He stated by waiting to implement the changes until August of 2019 the new positions would stay under the $117,000 dollar threshold. He explained in the future, he would recommend additional clarification, especially with any potential changes as a result of the fire department staffing study. He stated he was comfortable moving forward with the changes as the cost would remain within the budged amount. Council Member Palmeri stated during budget time, Council asked departments to 'go lean' and she believed in this situation, although the process was a little bumpy, they had given the authority to City staff to find a creative way of doing more with less. She explained she believed it was necessary and based on the workshop that had been held, she did not feel the new positions were much of a surprise. Mr. Rohloff stated he appreciated the feedback and as City staff moved forward he would keep the information in mind. He stated the service agreements in the Council packet were related to the 2019 Capital Improvement Program (CIP) and were on demand services with AECOM; they were a local company and responded quickly to service requests. He stated the Oshkosh Corporation update was included in the Council packet. He explained a pre-determined process had been put in place several years ago to fill a Council seat in the event it became vacant, which would apply to the circumstances this year. 15 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 Ms. Ubrig indicated publications recruiting a potential Council Member would be printed in the Northwestern and Oshkosh Herald and posted on the City's website. She explained she had worked with Oshkosh Media to put the information on the City's local government channel and through social media outreach. She stated applications would be available in the City Clerk's office and would be accepted for thirty days, with a deadline at 10:00 a.m. on Thursday, May 91h. She explained once the applications were received, they would be submitted to City staff and Council, and would appear on the May 141h Council agenda. She stated during that Council meeting, applicants would have five minutes to do a presentation and Council would vote on the applicants. She explained if Council came to an agreement, the individual would be sworn in and seated at the Council dais. Council Member Allison-Aasby stated she understood the applications would be available at the City Clerk's office and questioned if they would also be available online through the City website. Ms. Ubrig confirmed that the application was posted to the City website. Council Member Palmeri questioned if the link to the applications could be shared on the City's social media sites. Ms. Ubrig stated yes. Council Member Palmeri questioned if the application was posted on the City Clerk's page or the Council's page of the City's website. Ms. Ubrig stated she was under the impression it would be listed on the home page under hot topics. Council Member Krause questioned if Council Members would be able to ask questions during the applicants' five minute presentations. Ms. Ubrig stated yes. 16 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 9, 2019 MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS THE PURCHASE OF PROPERTIES AND/OR INVESTMENT OF PUBLIC FUNDS WITHIN THE CITY'S SOUTH SHORE REDEVELOPMENT DISTRICT PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION(Palmeri; second, Herman) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings MOTION: RECESS UNTIL NOON ON APRIL 16, 2019 (Pech; second, Herman) CARRIED: Ayes (7) Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings The meeting recessed at 7:28 p.m. PAMELA R. UBRIG CITY CLERK 17