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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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