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HomeMy WebLinkAbout04. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 16, 2019 RECESSED MEETING held Tuesday, April 16, 2019, at 12:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Member Matt Mugerauer, Jake Krause, Tom Pech, Jr., Steven Herman, Deb Allison-Aasby, Lori Palmeri and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk and Lynn Lorenson, City Attorney CITIZEN STATEMENTS There were no citizen statements to Council. OTHER BUSINESS Council Member Herman stated he had served with Council Member Pech and Mayor Cummings for over eight years and had appreciated working with them both. He explained he believed the Mayor had great vision and had worked hard to make sure the City was a 'player', in Oshkosh, the greater Fox Valley and throughout the State of Wisconsin. He stated a number of complicated projects had come to fruition during the past eight years, including the hotel, the river walk, Oshkosh Corporation headquarters and the Menominee Nation Arena. He explained there were many opportunities ahead. He stated he appreciated Council Member Pech's insight and work ethic and his efforts with the long range finance committee, which had brought forward an improved way to complete the Capital Improvements Program (CIP) and tax improvement districts (TIFs). He thanked Council Member Pech and Mayor Cummings for their hard work and dedication to the City of Oshkosh and the citizens they represented. Council Member Allison-Aasby thanked Mayor Cummings and Council Member Pech. She explained when she was first elected to Council, she was largely unknown in the community and appreciated that her first phone call was from Mayor Cummings, who congratulated her, welcomed her to Council and offered his assistance. She stated she PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 agreed with what Council Member Herman had stated, and appreciated Mayor Cumming's efforts to extend the City's impact outside of Oshkosh. She explained although they had tackled tough issues together, it was her opinion that there had always remained a mutual respect. She stated she appreciated Council Member Pech's boldness and honesty, and although there had been struggles, she appreciated the opportunity to have worked with them both. Mayor Cummings presented a plaque to Council Member Pech in appreciation for his eight years on Council. He thanked Council Member Pech for his service and the accomplishments that had been achieved. Council Member Palmeri presented a plaque to Mayor Cummings in appreciation for his service and passion for the City. She explained she had learned a number of lessons from him and appreciated all that he had done as a Council Member and Mayor. Council Member Pech stated he was honored and privileged to have served the citizens of Oshkosh. He explained he believed thoughts became words, words became action and action became character, which was what matters. He stated if you tell people you are going to do something,you need to have the fortitude to follow it through and put words into action. He explained it had been a privilege to serve on Council for the past eight years and with having served twelve years on the Winnebago County Board, he was proud of twenty years of service to the community. Mayor Cummings thanked the citizens of Oshkosh for putting their faith in his leadership of Oshkosh for nearly the past decade. He stated he had not known Council Member Herman or Council Member Pech prior to serving on Council, and had formed a friendship in which although they may disagree, they put the interest of the City first. He explained the City had changed significantly over the past decade and thanked the citizens for their support. MOTION: ADJOURN SINE DIE (Pech; second, Herman) CARRIED: Ayes (7) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings The meeting adjourned sine die at 12:08 p.m. 2 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 ORGANIZATIONAL MEETING held Tuesday, April 16, 2019, at 12:11 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Jake Krause, Matt Mugerauer, Bob Poeschl and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk and Lynn Lorenson, City Attorney Ms. Ubrig stated she administered the oath of office for newly elected Mayor Lori Palmeri, and newly elected Council Members Deb Allison-Aasby, Jake Krause and Bob Poeschl prior to the roll call. Mayor Palmeri called three times for nominations of Deputy Mayor for the Common Council. Council Member Herman nominated Council Member Mugerauer for deputy mayor. Council Member Poeschl nominated Council Member Krause for deputy mayor. MOTION: CLOSE NOMINATIONS FOR DEPUTY MAYOR (Poeschl; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Council Member Poeschl explained he nominated Council Member Krause for Deputy Mayor as he believed he wished to serve in the position, and he believed any member of Council who wished to serve in the position should be given the opportunity of consideration by his peers. He stated he believed any current member of Council would be qualified to serve in that position, and Council Member Krause had expressed interest in doing so. Council Member Allison-Aasby stated she agreed with Council Member Poeschl and believed both Council Member Krause and Council Member Mugerauer would be capable of the role. She explained it would be a difficult decision. Council Member Herman explained he had nominated Council Member Mugerauer, as he had approached him about the position as he had served three times as Deputy Mayor 3 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 and would be able to provide insight. He stated he believed there was misconception about the role; it was more than putting Council into closed session and putting together the process for evaluating the City Manager. He explained it involved attending events and activities, and filling in for the Mayor when she was unable to attend. He stated the person in that role was a leader within the community and needed to remain visible. He explained in the year Council Member Mugerauer had served on Council, he had participated in many events and was engaged, attending many open houses, and been open and honest with communication. He stated the Deputy Mayor role was more than just a title and was a leadership position. He explained he believed Council Member Mugerauer could handle the position well. Council Member Allison-Aasby stated the public may not be aware of the extra responsibility that came with the role without any extra pay. MOTION: ELECTION OF DEPUTY MAYOR- MUGERAUER OR KRAUSE LOST: Mugerauer (3) Allison-Aasby, Herman, Mugerauer Krause (3) Krause, Poeschl, Mayor Palmeri Mayor Palmeri indicated that further discussion could take place or the selection could be laid over until the May 14, 2019 Council meeting. Council Member Mugerauer questioned if nominations could be re-opened and an additional individual be nominated. Ms. Ubrig stated yes. MOTION: RE-OPEN NOMINATIONS FOR DEPUTY MAYOR (Mugerauer; second, Poeschl) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Mayor Palmeri called for further nominations. Council Member Mugerauer nominated Council Member Herman. Mayor Palmeri called for nominations a second time. Council Member Poeschl nominated Council Member Krause. Mayor Palmeri called for nominations a third and final time. 4 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 Council Member Poeschl questioned if he was able to nominate more than one individual. Council allowed him to do so. Council Member Poeschl nominated Council Member Mugerauer. MOTION: CLOSE NOMINATIONS FOR DEPUTY MAYOR (Mugerauer; second, Poeschl) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Council Member Mugerauer thanked Council Member Herman for his nomination. He stated while he believed he would serve in the role well, he viewed it as an important role in the community, which had prompted him to nominate Council Member Herman. He encouraged any Council Members who would have supported his nomination to do so for Council Member Herman. Council Member Allison-Aasby questioned if Council Member Mugerauer was withdrawing his name. Council Member Mugerauer stated he would withdraw his name. MOTION: ELECTION OF DEPUTY MAYOR- HERMAN OR KRAUSE CARRIED: Herman (4) Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Krause (2) Krause, Poeschl Ms. Ubrig declared Council Member Herman as Deputy Mayor. The Council seating assignments were decided as follows (starting with the seat farthest to the right of the Mayor): Deb Allison-Aasby, open seat, Bob Poeschl, Mayor Palmeri, Steve Herman, Jake Krause, and Matt Mugerauer. ORIENTATION OF CITY DEPARTMENTS FOR COUNCIL MEMBERS Mayor Palmeri stated newly elected Council Members were able to complete the orientation of City departments. She explained she understood Council Member Poeschl had served before and may already be familiar with the various departments, however, 5 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 if he so wished he could choose to participate in the orientation. Mr. Rohloff stated the City Clerk and City Attorney typically reviewed various legal procedures such as the open meetings law and conflicts of interest. He explained he strongly recommended Council Members to participate in that discussion, even if it was a refresher for some. He stated Emily Springstroh, Communications Coordinator with Oshkosh Media, would coordinate any field office visits Council Members wished to attend. He stated any Council Member would be able to participate and encouraged them to contact Diane to schedule visits. He explained City staff was working on an orientation booklet that covered a variety of topics. He stated if any Council Members would like to touch base on current issues, he would be happy to meet with them. He recommended they reach out to department heads to receive general information. Mayor Palmeri stated the goal was to make newly elected Council Members feel welcomed and to make the learning curve as seamless as possible. DISCUSSION OF COUNCIL RULES MOTION: ADOPT COUNCIL RULES (Mugerauer; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Mayor Palmeri questioned if there were any concerns or suggestions regarding the Council rules that had been provided to Council. Council Member Herman reminded his fellow Council Members and the community that Council had approved the civility pledge and it was important to keep in mind. He explained there was considerable discourse on national, state and local levels and all citizens needed to be respected, Council needed to listen to their constituents and respect each other. He stated it was possible for topics to become emotional and it was important that Council led by example. Council Member Poeschl questioned if it would be appropriate to continue to operate under the Council rules that had been approved the previous year, and allow the newly appointed Council Member to provide insight at a future meeting. Ms. Lorenson stated the Council rules could be adopted and if changes were requested they could be adopted at any time in the future. Council Member Poeschl questioned if a change was not made during the meeting, if 6 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 Council would continue to operate under the existing rules. Ms. Lorenson stated that was correct. Council Member Poeschl stated it would then be appropriate to wait and discuss the rules when the new Council Member was appointed. Ms. Lorenson explained the rules would need to be adopted for Council to continue to operate under them. She stated if Council wished to make a change in the future they could do so. Council Member Poeschl stated what he understood was that if Council did not adopt the rules today, they would continue to operate under the previously adopted rules, which were the same. Ms. Lorenson explained she recommended Council adopt the rules. Council Member Herman stated it had been longstanding practice that Council adopted the Council rules at the organizational meeting. He explained they could be reviewed again after the appointed Council Member was selected, however, from a procedural standpoint the rules should be adopted. DISCUSSION OF AGENDA FORMAT Mayor Palmeri explained in the present format there were two opportunities for citizens to speak. She questioned if there was any additional discussion related to the agenda format. Council Member Allison-Aasby stated she believed that both opportunities for citizens to speak should remain to allow individuals with time constraints to participate. Council Member Mugerauer explained he agreed with Council Member Allison-Aasby about maintaining the two opportunities for the public to speak. He stated he believed the speaker registration was a positive addition and allowed Council to be able to contact citizens afterwards correctly and easily. He explained he believed the format worked well and did not require many changes. Mayor Palmeri stated there had been repeat items listed at the end of a series of agendas, often under City Manager announcements. She questioned if there was interest listing status updates regarding ongoing projects on future agendas. 7 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 Council Member Herman questioned if there would be a line item on the agenda specific to ongoing items. Mayor Palmeri stated yes. Council Member Herman explained there had been confusion with timelines in the past and believed it would be beneficial to have a spot on the agenda for such items. He stated it would help provide direction to City staff and keep projects on a schedule. Council Member Krause stated he was under the assumption if there was an agenda item that it was Council's responsibility to request items to be continued on future agendas. Council Member Allison-Aasby questioned the proposed part of the agenda would be for short term items. Mayor Palmeri explained examples would include items such as the transportation utility fee, key performance measurements and workshop items in which there had been Council discussion or direction. She stated it would be a line item under City Manager direction that would contain topics that carried over and Council could remain aware of status updates. Council Member Allison-Aasby stated she appreciated the idea and could prevent items from being overlooked. Mr. Rohloff explained he believed there was value to the idea; it would help with accountability. He stated in the past he had seen other municipalities list an item regarding status of outstanding issues. He explained an example of an ongoing item that would be listed would be the Oshkosh Corporation update. Council Member Poeschl questioned if Council would be open to adding an item regarding committee reports. He explained he believed it would be valuable for Council to report about ongoing topics from the various boards and commissions they were appointed to. Council Member Allison-Aasby stated she would not necessarily be opposed to it, however, the boards and commissions did not necessarily meet each month; it was dependent on whether or not there were active items to discuss. She explained she would support the discussion quarterly, however, she did not believe a monthly discussion would be appropriate. She stated there were meeting minutes that Council should review. 8 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 Council Member Poeschl explained he had not considered the timeline; his thinking behind the idea was to better inform citizens about topics. He stated citizens often found out about an item when it was listed on a Council agenda. He explained he did not believe quarterly would be sufficient, however, he would be comfortable with a monthly update. He stated it did not need to be discussed every meeting. Council Member Herman explained he understood the logic behind the idea and appreciated providing citizens with more information. He questioned if it would require additional City staff to attend Council meetings, because if the Council appointee were to discuss an item from the board or commission, the staff liaison may wish to be present to add supplemental information. Mr. Rohloff stated Council liaison reports could be added to the agenda, and any Council Member wishing to provide an update could do so. He requested that Council let him know the Thursday morning prior to a Council meeting if they anticipated providing an update to remain compliant from an open meeting standpoint. He explained it would also help City staff prepare to discuss the applicable topics. He stated it may help Council become more aware of items prior to voting on them. Council Member Mugerauer explained he believed the current process of updating Council regarding various boards and commission topics during Council Member statements worked well. Mayor Palmeri stated she liked the idea of a quarterly update as there were several boards and commissions. She explained if there was a time sensitive topic it could be addressed during Council Member statements. Council Member Herman stated he was concerned that there were times in which Council would engage in discussion to the point where a decision was nearly reached without a vote. He questioned if that would result in Council being in violation of the rules. Ms. Lorenson recommended Council be specific with an item for the agenda so that it was clear what would be discussed. Council Member Herman stated he agreed with Council Member Mugerauer; the ability already existed to provide updates during Council Member statements or direction to the City Manager. 9 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 Council Member Poeschl explained he would like to see a line item on the agenda titled 'committee reports' and if a Council Member wished to share information, they would let City staff know ahead of time to allow it to be specifically listed on the agenda. He stated he did not anticipate it would result in extra work. Council Member Krause stated he appreciated the idea of updates, and believed Council Member statements was a sufficient way to provide them. Council Member Allison-Aasby agreed. She stated she initially thought Council Member Poeschl was suggesting the reports be mandatory, however, since that was not the case, Council Member statements would be sufficient. She indicated Council would need to remain disciplined and stick to a statement and not engage in discussion. Council Member Poeschl explained the Council liaison would be reporting publicly available information, and simply taking it one step further by sharing it at the Council meeting as opposed to only having it available in the minutes. Mayor Palmeri stated there would not be a change at this time in regards to committee reports. OTHER BUSINESS Mayor Palmeri requested that Council email her their preferences for board and commission appointments by noon on Friday, April 191h. She stated any current member of the public who served on a board or commission would need to send an email indicating they would like to be reappointed as it was not automatic. Council Member Herman questioned if that would include members whose term limits were not up. Mayor Palmeri explained she was referring to those members whose term was up. Mr. Rohloff stated City staff would follow up and contact those members whose term was expiring and instruct them to contact Mayor Palmeri or his office directly if they wished to be reappointed. Mayor Palmeri explained there was a revised application for any new applicants to the City's boards and commissions, which was available on the City's website and could be printed or submitted electronically. She encouraged members of the public to apply. 10 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 16, 2019 MOTION: ADJOURN (Mugerauer; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 12:56 p.m. PAMELA R. UBRIG CITY CLERK 11 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 23, 2019 REGULAR MEETING held Tuesday, April 23, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Jake Krause, Matt Mugerauer, Bob Poeschl, and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Ray Maurer, Parks Director Council Member Allison-Aasby read the Invocation. The Pledge of Allegiance was led by Myranda & Madilyn King from Webster Stanley Elementary School PROCLAMATION Mayor Palmeri proclaimed May 2nd, 2019 the National Day of Prayer in the City of Oshkosh. Mike Stratz, coordinator for the National Day of Prayer in Oshkosh, accepted the proclamation and invited the community to participate in front of City Hall on May 2nd at 12:00 p.m. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Sills by the Finance Director Approval of Cash Report from December 2018 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 Receipt & Filing of Oshkosh Public Museum Minutes from March 7, 2019 Receipt & Filing of the Oshkosh Common Council Minutes from April 9, 2019 Receipt of Claims filed with the City's Insurance Company: A) James Chase for alleged damages to vehicle from a pothole B) Bruce Eid for alleged injuries from stepping in a hole Resolution 19-230 Approve Initial Resolution Authorizing not exceeding $5,450,000 General Obligation Bonds Resolution 19-231 Approve Resolution directing the advertisement & sale of up to $5,450,000 aggregate principal amount of General Obligation Corporate Purpose Bonds, approximately $16,405,000 aggregate principal amount of General Obligation Promissory Notes, approximately $8,835,000 Storm Water Utility Revenue Bonds, approximately $11,085,000 Water System Revenue Bonds & approximately $16,115,000 aggregate principal amount of Sewer System Revenue Bonds, of the City of Oshkosh, Winnebago County, Wisconsin Resolution 19-232 Award Bid to On Time Embroidery dba Unique Apparel Solutions for 2019 5.11 Tactical Uniforms for Fire Department ($20,000.00 estimated) Resolution 19-233 Award Bid to Fabick Cat for Compact Excavator for Parks Department ($69,355.00) Resolution 19-234 Award Bid to Environet Inc. for Asbestos Abatement at 421 Monroe Street for Community Development ($4,755.00) Resolution 19-235 Approve Cooperative Agreement for Water Rescue Services with Winnebago County & the City of Oshkosh Resolution 19-236 Authorize Submittal of Department of Natural Resources Stewardship Grant for Pioneer Riverwalk Main Street to Railroad Tracks 2 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 Resolution 19-237 Approve Granting Privilege in the Street & Easements for Conducting Soil Boring Advances & Install Monitoring Wells within the Court Street, Ceape Avenue & Broad Street Rights-Of-Way & Riverside Park/Leach Amphitheater Properties (Plan Commission Recommends Approval) Resolution 19-238 Award Bid for Public Works Contract No. 19-07 to Dorner, Inc. for Water Main & Lateral Relay ($1,724,852.90) Resolution 19-239 Approve Initial Resolution for Special Assessments for Storm Sewer Laterals Relating to Contract No. 19-20 /Various Locations Resolution 19-240 Approve Purchase of Manhole / Inlet Castings for Public Works Department ($46,500.00) Resolution 19-241 Approve Amendment to Professional Services Agreement for Updating the Design & Bidding Documents, Providing Bidding Assistance & Construction Monitoring & Documentation Services for Contract No. 18-02 Libbey/Nicolet Watershed/North Main Street Area Detention Basin/AECOM Technical Services, Inc. ($56,591.25) Resolution 19-242 Approve Special Event — Safe Routes to School East Central Wisconsin Regional Planning Commission to utilize City streets for the Oshkosh Bike Rodeo at the UW Oshkosh Kolf Sports Center / May 8, 2019 Resolution 19-243 Approve Special Event — Fox Valley Pro Basketball Inc. to hold the Wisconsin GLO Home Opener at the Menominee Nation Arena / May 10 & 11 &June 8, 2019 Resolution 19-244 At9t9feve StqeEialEvent Melly ra„G, ife'_te heitheir- Beef Gafden�May 4;; 2049 WITHDRAWN BY APPLICANT Resolution 19-245 Approve Special Event — Kelly's Bar to hold their Graduation Beer Garden/May 17 & 18, 2019 Resolution 19-246 Approve Special Event — Oshkosh Garden Club to utilize the front grounds of the Oshkosh Public Museum for the Oshkosh Garden Club Plant Sale /May 18, 2019 3 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 Resolution 19-247 Approve Special Event—Ardy & Ed's Drive In to utilize Doty Street for the Ardy & Ed's Cruise Nights / May 23, June 27, July 18 & August 22, 2019 Resolution 19-248 Approve Special Event — Oshkosh Patriotic Council to utilize South Park, Riverside Park, City streets & the City Hall parking lot for the Memorial Day Procession & Ceremonies /May 27, 2019 Resolution 19-249 Approve Special Event — CLIC Foursquare Church to utilize Menominee Park Reetz Softball Complex for the CLIC Memorial Day Softball Tournament/May 25, 2019 Resolution 19-250 Approve Special Event — St. Jude Parish to hold the St. Jude the Apostle Parish Summer Celebration/June 14 - 16, 2019 Resolution 19-251 Approve Special Event — Life Promotions to hold Lifest at the Sunnyview Exposition Center & to utilize Winnebago County Community Park for Lifest parking & 5K/July 10 - 14, 2019 Resolution 19-252 Approve Special Event—Peace Lutheran to utilize South Park for the 111h Annual Park Dance /July 12, 2019 Resolution 19-253 Approve Special Event — Wisconsin Alliance of Sass Tournament Anglers (WABTA) to utilize Rainbow Memorial Park for the WABTA Fishing Tournament/August 4, 2019 Resolution 19-254 Approve Special Event — Rich's Barbershop LLC to utilize Menominee Park & Reetz Softball Complex for the Party in the Park / September 22, 2109 Resolution 19-255 Approve Block Party—McHenry Johnson to utilize Casey Trail off of Mockingbird Way to hold their neighborhood Block Party/June 22, 2019 Resolution 19-256 Approve Mayor Appointment to the Plan Commission & Redevelopment Authority Resolution 19-257 Approve Disallowance of Claim by Bruce Eid Resolution 19-258 Approve Special Class "B" Licenses & Operator Licenses 4 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Krause) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-259 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) MOTION: ADOPT (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Ordinance 19-260 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) MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Ordinance 19-261 Approve Amendments to Chapter 6 of the Oshkosh Municipal Code Pertaining to Keeping of Urban Chickens &Bees FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-262 Approve Parking Regulation Change for the Algoma Lot Stalls 37-39 FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-263 Approve Closure of Otter Avenue at the Railroad Crossing on Broad Street (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Council Member Poeschl questioned what the benefit was to waiving the rules and 5 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 adopting the ordinance today. James Rabe, Director of Public Works, explained it was based on the railroad's requested schedule and without adoption, there would be delays. Council Member Poeschl questioned if that meant the work would be completed sooner. Mr. Rabe stated the railroad's requested schedule was to complete the work between April 291h and May 101H Council Member Poeschl stated he understood if the ordinance was not adopted today, there would no longer be a set schedule. Mr. Rabe explained the railroad would need to come up with an alternate schedule which would not be able to begin until after the next Council meeting. MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Resolution 19-264 Approve Conditional Use Permit to Establish a Multi-Family Development; 1400 Block of Osborn Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Council Member Mugerauer commended the developer and the neighborhood for working cooperatively with the plan commission. He stated he understood there had been concern amongst neighbors about the original layout of the development, and he believed if more developers took the approach that Nicolet had, it would strengthen the community. He explained the two groups had worked together with and without City staff to come up with a plan that worked for the neighborhood. Joe Ferlo, 1230 Devonshire Drive, stated his home was likely the most impacted property in the neighborhood, and he appreciated the collaboration with the developer and City staff. Mayor Palmeri thanked the developer for their patience while staying on top of the 6 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 project in a courteous manner. Resolution 19-265 Approve Agreement with Rogans Stores of Oshkosh LLC, Thomas Masters & Phoenix Realty LLC for the City's Administration of Idle Industrial Sites Redevelopment Grant MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Council Member Mugerauer asked for an explanation of the resolution. Allen Davis, Director of Community Development, explained the City had applied for a grant with the Wisconsin Economic Development Corporation (WEDC) to help with the development of the site that was related to the TIF application that was in progress. He stated if approved by WEDC and Council, the agreement would be in place so the businesses would be eligible for the grant this fiscal year. Resolution 19-266 Approve Special Event — Oshkosh Rotary Club to utilize Leach Amphitheater, Riverside Park & Parking lot for the 41h of July Celebration/July 4, 2019 MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Council Member Allison-Aasby stated it had been discussed in social media that there would not be a 41h of July celebration at Menominee Park this year, and she congratulated those who came together to come up with a family friendly event for the community. She explained it was her opinion that trying new things was worthwhile, and she believed the event would appeal to a wide range of citizens in the area. Council Member Mugerauer thanked the Oshkosh Rotary Club for collaborating to create a family friendly event. He stated be believed it was the right time for a small change. He explained discussion regarding whether or not it will be a permanent change would take place after the event. He stated the road construction on Hazel Street would result in far too many difficulties accessing Menominee Park. He explained previously there had been concerns about maintaining control over alcohol consumption, and the Leach Amphitheater provided an excellent location to do so. 7 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 Council Member Herman requested an explanation of the event. Mr. Maurer stated the group who created the event, which was comprised of Oshkosh Rotary members, various local business representatives and members of the community had been meeting since Sawdust Days informed the City they discontinued their event. He explained there would be food trucks, face painting and a DJ behind the Convention Center. He stated music was planned throughout the day inside the Leach, including the Oshkosh Symphony and Corey Chisel, for a small entrance fee, used to defer costs. He explained the AmVets organization would work the concession stands at no cost, and would receive the profits from the sales. He stated the event was scheduled to end at 9:30 p.m. and the fireworks would follow. He explained due to the location change, themed music was planned to accompany the fireworks, which was why they had requested an extension in time for amplified music. Council Member Herman asked for an explanation of the plan for parking and what streets would be blocked off. Mr. Maurer stated a number of City owned parking lots in the downtown and South Main Street area were identified. He indicated the Fugleberg Park boat launch and the 241h Avenue boat launch would be optimal viewing locations for the fireworks. He explained Dean Smith, Chief of Police, recommended that Pioneer Drive be closed to vehicle traffic so pedestrians and families could utilize the space and set up chairs. He stated a number of businesses that previously closed during the 41h of July would stay open and encouraged citizens to use their parking lots. He explained that previously individuals would have to park quite a distance from Menominee Park and walk through residential neighborhoods to enter. He indicated that individuals could park further from the event and utilize the riverwalk. He stated City staff had reached out to the staff at the University of Oshkosh and because it will be a holiday, their lots will be open to the public. He explained he had also reached out to the Fox Valley Technical College and was waiting for a return phone call. He stated the Senior Center could be utilized for parking and access to the riverwalk. Council Member Krause asked for clarification on the request for an extension in time for amplified music as the resolution stated a different time than the actual application. Mr. Maurer explained when the group applied, they had requested 10:00 p.m., however, when it was decided to propose to move the fireworks it was amended in the resolution to 11:00 P.M. Council Member Poeschl stated he believed the event would be a great gift to the 8 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 community. He explained there were vacant lots located in the South Shore area and questioned if they would be utilized as spaces where citizens could watch the fireworks. Mr. Maurer questioned if Council Member Poeschl was referring to City owned parking lots. Council Member Poeschl stated they were not parking lots;they were vacant lots that the City owned. He explained he would save the discussion for the following resolution. Resolution 19-267 Approve Pioneer Island as the site for the July 41h 2019 Festival Foods Fireworks Show MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Council Member Poeschl questioned if the public would be able to utilize the vacant City owned lots along South Main Street as a viewing location for the fireworks. Mr. Maurer stated any vacant lots that were City owned would be open and available as public viewing spaces. Mr. Rohloff explained there were several accessible viewing sites and he anticipated more of the community to come forward with additional options closer to the event. Council Member Poeschl questioned if the Menominee Arena area would be a public location for the fireworks. Mr. Maurer stated the organizers of the event planned to approach the arena about either allowing the public to park at the location or holding an event with music. Mayor Palmeri explained she believed the event change was exciting for catalytic reasons in the Sawdust District and activating the riverwalk. She questioned if there was the potential for a park and ride opportunity with GO-Transit or Titan Transit. Mr. Rohloff stated he and Jim Collins, Director of Transportation, would look into the idea to see if it would be feasible. He explained they had discussed the idea in the past with Sawdust Days and there had not been much interest, however, with the change in location it was possible. He stated City staff would publicize the different parking and viewing areas, and he anticipated it would be a well-attended event. 9 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 Mayor Palmeri stated she agreed a parking map would be an excellent visual resource for the public. Council Member Mugerauer thanked the current owners of the property for agreeing to host the fireworks and for working with the group organizing the event. He questioned if City staff was working with local fishing groups to help share information about the event to make sure that the waterways would be safe. Mr. Maurer stated that they would reach out to the various fishing and boating groups to share information. Council Member Allison-Aasby questioned if there would be a social media page or website where information would be shared with the public. Mr. Maurer stated he could not speak for the organization but suspected there would be. He explained the City website could also be used to share information. Resolution 19-268 Accept Donations & Approve Agreement with Oshkosh Area Community Foundation/CR Meyer for Eagle Exhibit at Menominee Park Zoo MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri Council Member Herman asked for an update of the exhibit. Mr. Maurer presented a conceptual design of the exhibit created by FEH Design, who had assisted in creating the zoo master plan in 2014. He stated fundraising for the eagle exhibit had begun in 2015, and due to an increase in supply costs, the proposed cost for the project shifted from an original estimate of approximately $150,000 dollars to approximately$217,000 dollars, followed by another increase to approximately$228,000 dollars. He explained City staff had worked with the Oshkosh Area Community Foundation and had achieved the fundraising goal thanks to their donation. He stated there were no City tax dollars contributing to the project. He explained CR Meyer would construct the project and donate their work to the City. Mayor Palmeri questioned what the future fiscal impact of maintenance and animal care would be. 10 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 Mr. Maurer stated the exhibit was designed to house two eagles. He stated City staff was planning for one eagle, however, depending on where it came from, it may be paired with another eagle. He explained City staff estimated an annual cost of approximately $2,000 dollars per bird. Mayor Palmeri questioned where the eagle exhibit would be located. Mr. Maurer explained it would be located near the boardwalk by the wolf exhibit. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Palmeri stated there was a request to allow a video presentation by an applicant for the vacant Common Council seat. Mr. Rohloff explained one of the applicants for the vacant Common Council seat indicated that she would not be available on May 141h and would like to submit a five minute video presentation. Council Member Krause stated he would support allowing the video, however, he questioned if it would be possible to get the individual's name so that questions could be emailed. Mr. Rohloff explained Council would receive the entire packet of applicant information on May 111h Council Member Krause questioned if the applicant would be out of the country at that point. Mr. Rohloff stated he was not certain. Council Member Krause explained that the people presenting in person would have an opportunity to answer questions and he wanted to give the video applicant the same right. Mr. Rohloff stated City staff could provide Council with the individual's information, and there may be additional individuals who wished to present via video, dependent on Council's direction. 11 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 Council Member Herman explained he believed it was important that anyone interested in applying for the vacancy had an opportunity to do so. He stated he agreed there should be a way to ask questions. Council Member Allison-Aasby questioned if Council would be aware of the applicants as the applications came in, so that discussion could be initiated if the applicant planned to be out of the area on May 141h. She stated she was aware of an additional potential applicant who would be out of the country. Mr. Rohloff explained City staff would be able to provide Council with the names of the applicants. Mayor Palmeri questioned if Council Member Allison-Aasby was supportive of allowing a video presentation. Council Member Allison-Aasby stated yes. Council Member Poeschl questioned if the applicant would record a five minute presentation that would be aired during the May 141h Council meeting. Mr. Rohloff stated City staff would address the technology aspect as there were a couple options. Mayor Palmeri questioned if the video would be presented on May 141h during the other presentations or prior to that date. Mr. Rohloff explained the applicant would provide the video which would be presented during the May 141h Council meeting. Mayor Palmeri stated the five minute presentations were not required;they were allowed according to the ordinance. Council Member Poeschl explained he was concerned if the video applicant was provided questions in advance of the meeting that to remain fair the other applicants would need to be asked the same set of questions. Council Member Krause stated he did not believe there needed to be a specific set of questions for all the applicants. He explained questions may vary based on the applicants skill set, background and availability. He stated he did not believe it gave any kind of advantage to the applicant who would not appear in person. 12 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 Council Member Poeschl explained he had brought it up for discussion for Council to consider. Mr. Rohloff indicated the presentations were optional and he believed applicants appearing on May 141h had the expectation that Council would ask questions. He agreed that the amount and nature of the questions would be dependent on the applicant. Mayor Palmeri explained she believed there was a consensus that the video presentation would be permissible. She stated the Council seat would be a one year term and applications were due by May 91h at 10:00 a.m. She explained in addition to the Council meetings on the second and fourth Tuesday of each month it was expected that a Council Member serve on at least two boards or commissions as a Council liaison, there were two full days of budget hearings and up to two days of strategic planning. She stated Council was looking forward to meeting the various applicants. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member announcements or statements. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff explained the first quarter strategic plan update had been provided to Council and 77 percent of the items were on track. He stated key performance indicators had been established for each department, and the goal was to incorporate them into a format that Council could review by the second quarter. He explained the goals and performance indicators would also be posted to the City's website. Mayor Palmeri questioned if it would be presented in a format similar to a dashboard. Mr. Rohloff stated yes. He explained he was meeting with James Rabe, Director of Public Works, and the geographic information system (GIS) administrator to identify the applicable data necessary to create an alternative fee to replace special assessments. Council Member Herman questioned the timeline on the project. Mr. Rohloff explained he anticipated he would provide Council an update in May and action would be taken during a subsequent Council meeting. 13 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 Council Member Herman stated with street construction season approaching he imagined citizens would become concerned. Mr. Rohloff agreed and stated City staff was not able to promise anything to the citizens as it was a pending Council action item. Mayor Palmeri questioned when the draft would be available to Council. Mr. Rohloff stated the second meeting in May. He explained Jon Urben, General Services Manager, provided a memo as a follow-up to the Council workshop regarding the parks department operation facility. He explained barring any unforeseen maintenance issues, the anticipated cost ranged from$81,000 dollars to$225,000 dollars which did not include the cost of the roof. He stated the building was not designed for its current purpose and the project would depend on favorable economic conditions. He indicated the costs were necessary regardless of what was decided about renovating the facility. Mayor Palmeri explained there was video of the workshops Council held on both the parks facility and City hall available on the City's website. Council Member Mugerauer stated the costs would be incurred regardless if the parks facility was included in the 2021 or 2022 capital improvement project (CIP) as they were basic maintenance costs necessary to keep the building functional. He thanked City staff for putting the information together. He questioned when it was anticipated the project would be placed on the CIP. Mr. Rohloff stated it was dependent on favorable economic conditions that would allow the City to receive enough revenue to borrow funds for the cost of the facility. He explained while he could not give a specific year, the parks facility would be prioritized over other facility projects including City Hall, the police department and fire department. He stated the parks facility had legitimate safety concerns including the plumbing and electrical systems. Council Member Mugerauer explained he understood it may be difficult to know for certain which year the project would be put into the CIP, however, he did not believe it would be appropriate for City staff to 'spring' the project upon Council during budget season by requesting six million dollars for a new facility. Mr. Rohloff stated the project would require significant planning and he would anticipate the timeline to procced similar to the public works garage through phases. He explained the $81,000 dollars to $225,000 dollars was the cost anticipated in the near future, 14 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 however, if a new facility was on the horizon, he would not want to spend that money. Council Member Herman stated he was concerned that spending those funds would be putting a band-aid on something that needed more serious attention. He explained there were three departments that worked out of the parks facility and it did not make sense to invest up to $225,000 dollars of taxpayer money as a temporary fix if a new facility would be constructed in three years. He stated the building was in poor condition and not worth investing in. Council Member Allison-Aasby explained when she first was elected to Council the city garage and the parks facility were in the same condition. She explained the city garage project was completed in phases over several years. She questioned if it was an item the long range finance committee should review, and consider reviewing the City's CIP and the potential to increase it. She stated she had served on the long range finance committee for a number of years, and although she would not serve on the committee this year, she would be willing to help or add insight. Mayor Palmeri explained she believed the topic should be brought back as an agenda item with additional detail. Mr. Rohloff stated the Oshkosh Corporation update was provided to Council and things were going well. He explained the date for the transition to monthly utility billing had changed and resulted in bills that reflected up to 108 days. He stated the actual cost had not increased, it was a difference in when the bills were paid. He explained City staff was on track for one month bills for May. He stated the project schedule for the Lakeshore Park master plan had been included in Council's packet. He explained there was an advisory parks board kickoff meeting scheduled for Monday, May 61h and the POLCO online questionnaire would open on May 171h and close on June 5th. He stated the results would be presented at a public visioning meeting on June 101h and a workshop regarding conceptual design with various boards and commissions along with the consultant on July 8th. He explained City staff would like to receive as much public input as possible. Mayor Palmeri stated a number of graduations would occur on June 101h during the scheduled public input session and questioned if there would be a second opportunity for public input. She questioned who citizens should email comments to if they were unable to attend a session. Mr. Maurer indicated all of the meetings would allow public input. He explained the meeting on June 101h would be a working meeting with a breakdown into smaller groups. 15 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 23, 2019 He encouraged members of the public to come forward to any of the meetings with questions or ideas. He recommended the public email him with any questions or comments. 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 (Herman; second, Allison-Aasby) CARRIED: Ayes (6) Allison-Aasby, Herman, Krause, Mugerauer, Poeschl, Mayor Palmeri MOTION: ADJOURN (Mugerauer; second, Poeschl) CARRIED: VOICE VOTE The meeting adjourned at 7:05 p.m. PAMELA R. UBRIG CITY CLERK 16 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MAY 6, 2019 SPECIAL MEETING held Monday, May 6, 2019, at 5:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Jake Krause, Matt Mugerauer, and Mayor Lori Palmeri EXCUSED: Council Member Bob Poeschl ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney PROCESS FOR SELECTION OF NEW COUNCIL MEMBER Mr. Rohloff explained Ms. Lorenson had prepared a memo, providing Council with a general background of the process for selecting a new Council Member, which included soliciting applications, forwarding applications to Council in the agenda packet and applicant presentations to Council. He stated the introduction of a request to allow video presentations had resulted in multiple questions as it did not follow the normal process. He indicated the City Clerk had requested input in regards to the questions to be provided to the individual completing a video presentation, and Mayor Palmeri had responded with two questions. He explained City staff wanted to ensure they were following Council's collective direction. Mayor Palmeri stated the two questions she had submitted came from the recent revisions to the applications for boards and commissions. She explained they included whether there were conflicts of interest and what boards and commissions, in the public and private sector, the individual may be part of. She requested an explanation of the timeline that had been prepared. Ms. Ubrig explained on May 1St she had provided Council with the names of the individuals who had requested video presentations and May 3rd was the deadline to provide questions. She stated she had received two questions from Mayor Palmeri. She PROCEEDINGS OF THE COMMON COUNCIL—MAY 6, 2019 explained the deadline for applications was May 91h at 10:00 a.m. and the names would be released at that time. She stated on May 101h the applications would be provided to Council. She explained the deadline for submitting video presentations was May 131h by 4:30 p.m. Council Member Allison-Aasby stated when an individual took out nomination papers for Council or Mayor, it became public record prior to the deadline of turning in the signatures. She explained she had questioned why Council was not able to know the names of those who applied as they came in. She stated she had a conversation with Ms. Ubrig who explained the reasoning behind the process. She explained she believed Council should know the applicant information prior to the public, and Ms. Ubrig had provided an insightful answer to that thought as well. She requested a recap of the conversation. Ms. Ubrig explained her perspective was that when individuals took out nomination papers in December, signatures were gathered and submitted in January, and those names then appeared on a ballot for the citizens to select an individual to serve on the Council. She stated in this process, she viewed the applicants as finalists until the deadline, at which time Council, as the panel, would make a selection. Ms. Lorenson stated providing the applications to Council would result in them being provided to the public. She explained it could give an applicant an advantage if they waited to submit their application and viewed the information that other applicants had provided. She stated there had already been one applicant who withdrew their name from consideration. Council Member Allison-Aasby explained she had questioned why the information was not public record if it was submitted to City Hall. Ms. Ubrig indicated there was a procedural process and a policy process. She stated she viewed the applicant selection process as procedure, as it did not meet the threshold to become a public record until the deadline of 10:00 a.m. on Thursday, May 91h Council Member Allison-Aasby stated Ms. Ubrig had explained if media called, she would respond in the same manner, and the information would not be released until May 91h at 10:01 a.m. Ms. Ubrig agreed. Council Member Allison-Aasby explained two of the applicants had been revealed via 2 PROCEEDINGS OF THE COMMON COUNCIL—MAY 6, 2019 social media and stated she did not know how such a concern could be fixed. She stated there had been recent discussion about holding a special election as opposed to an appointment process. She explained that would result in a much longer process. She stated she had experienced Council appointments twice in her time on Council and this time seemed different. She explained she appreciated the meeting to clarify the process for Council and the public. Mr. Rohloff stated City staff had recognized the benefit of holding a special meeting to discuss the process due to the amount of questions surrounding the topic. He explained this way Council would be prepared for the upcoming Council meeting and candidate selection. Council Member Mugerauer stated he had a similar conversation with Ms. Ubrig regarding the release of the applicant names. He explained it was his opinion that the moment an application was submitted, it was public record. He stated he appreciated Ms. Ubrig's responsiveness, although he disagreed with the conclusion. He explained he had been under the assumption that the names would be released prior to the deadline. He stated shortly after the new Council Member was appointed, he would like to see the topic listed on an agenda as direction to City staff so the process could be tweaked. He questioned at what point the presentations and appointment would occur during the Council meeting on May 141h and if the applicants would be prepared for the agenda that would follow if the appointment occurred in the beginning of the meeting. Mr. Rohloff stated each applicant would be provided a copy of the agenda to be prepared in the event that they were appointed to Council. Ms. Ubrig explained the presentations and appointment occurred early in the agenda. She stated once the selection was made, the individual would be sworn in and take their seat at the dais as a Council Member. Council Member Krause explained he was disappointed in the process and would have liked to have been given the names as they were submitted. He stated he believed releasing the names may encourage other people to apply if they disagreed with an applicant. He explained he believed it would result in the best applicant pool. He stated he hoped in the future names would be provided ahead of time. Council Member Herman explained this would be his fourth experience with a vacant seat appointment and he believed allowing the video presentation had disrupted the process. He stated he believed the process had become more complicated, with reference to a cover letter and applicants providing additional information. He explained he was 3 PROCEEDINGS OF THE COMMON COUNCIL—MAY 6, 2019 uncertain where that was coming from as he did not believe it was in the policy. Ms. Lorenson stated it was included in the ordinance, however, prior Councils had accepted just applications. Council Member Herman explained it was his understanding they would not receive the applications until the Council packets were prepared on Friday, May 10th, however, the names would be released earlier. Ms. Ubrig stated the names would be released at 10:01 a.m. on May 91h Council Member Herman questioned why Council could not receive the applications at that time to allow them as much time as possible to review the information. Mr. Rohloff stated they could be electronically forwarded at that time. Council Member Herman stated he believed it was another situation in which Council was not provided information until Friday and City staff wanted a decision on Tuesday. He explained Council Members often had obligations during the weekend and providing the materials sooner would allow for a more thorough review of the applications. He stated he would appreciate information sooner on other important decisions as well. Mr. Rohloff explained with technological capabilities, the applications would be able to be provided electronically on May 91h Council Member Herman stated the media may have more information than Council if the applications were not provided to Council upon the release of the names. Mr. Rohloff agreed. He explained some individuals had already posted on social media that they had applied. Council Member Herman stated Council may receive phone calls from the public indicating a preference for a candidate, and Council would not be aware of who had applied. Council Member Allison-Aasby questioned if applicants were provided any sort of guidelines when they received the application. Mr. Rohloff stated no; he explained City staff used a press release and advertisement to solicit applications. He stated some individuals provided a resume while others did not. 4 PROCEEDINGS OF THE COMMON COUNCIL—MAY 6, 2019 He explained City staff had not used that to exclude anyone. He stated the City used specific guidelines during the application process for City jobs,however, that criteria was not used in this instance. He explained whatever was submitted would be forwarded to Council. Council Member Allison-Aasby stated she agreed that after the appointment the process should be reviewed, due to the prominence of social media and improvement of technology. She explained Council could plan for various scenarios and would then be better prepared when unique situations came up. She stated while Council could not tell an individual not to post to social media about their application, it could be recommended that they avoid doing so to prevent any kind of advantage or disadvantage. Council Member Krause explained anyone could post to Facebook or Twitter, therefore applicants still had a level playing field. He questioned how many applications had been submitted so far. Ms. Ubrig stated approximately seven. Mr. Rohloff explained an individual had already withdrawn their application, which was one of the reasons City staff preferred to wait until the deadline to release the names. Mayor Palmeri reviewed the memo from Ms.Lorenson to provide Council and the public with an expectation of what would happen during the Council meeting on May 141H Council Member Krause questioned if all of the applicants would present prior to Council asking questions, or if it would immediately follow each individual's presentation. Ms. Lorenson stated in the past, questions had been asked immediately after each individual's presentation. Council Member Krause questioned how the order of applicants was determined. Ms. Ubrig stated a drawing of names would occur, similar to how names were drawn for ballot placement. Council Member Krause questioned if more than two nominations could occur at the same time, resulting in the top two from the vote being the finalists. Ms. Lorenson stated that was the way it had been proposed based on what had happened 5 PROCEEDINGS OF THE COMMON COUNCIL—MAY 6, 2019 in the past. Council Member Krause stated it was his understanding if a Council Member had an individual they were interested in appointing, it would be important to nominate them in the first round, otherwise they would be eliminated. Mr. Rohloff stated that was possible. Council Member Krause explained he wanted to make sure everyone had their opportunity to nominate the candidate who stood out in their opinion. Mr. Rohloff reviewed various scenarios and how Council would be able to eliminate candidates. Council Member Krause questioned if there was a 3:3 vote in the first round, if nominations could continue or if another vote would occur. Mayor Palmeri stated the nomination process could be re-started if necessary. Council Member Krause explained he was hopeful there would be more than two good candidates. Mr. Rohloff stated it had been indicated in the memo that in the event of a tie, or other failure to obtain a majority, Council had the ability to re-vote or re-start the nomination process. Council Member Allison-Aasby questioned if a Council Member had the ability to nominate more than one candidate. Council Member Herman stated it was his understanding that each Council Member had an opportunity to nominate one candidate, and once each Council Member had a turn, additional candidates could be nominated. Ms. Lorenson explained if Council would like to add that to the rules it should be done ahead of time so expectations were clear going into the process. Council Member Herman stated he had reviewed Robert's Rules of Order which indicated Council Members were able to nominate one individual and once each Council Member had their opportunity they could nominate an additional person. 6 PROCEEDINGS OF THE COMMON COUNCIL—MAY 6, 2019 Mayor Palmeri questioned if that would mean there would be a second round of calling for nominations. Council Member Herman stated there would be the potential for that to occur. Ms. Lorenson explained it was an item that Council could decide; Council would need to provide direction to City staff for any rules they wished to include. Council Member Herman clarified that a Council Member could not nominate two individuals at the same time. Mr. Rohloff stated Council did not formally recognize Robert's Rules of Order therefore if that was how Council would like to proceed, they would need to provide direction to City staff. Council Member Herman explained he believed that process would be fair. Mayor Palmeri questioned if Council was in agreement to provide that direction to City staff. Mr. Rohloff stated it was his understanding that each Council Member would be allowed to make one nomination; if a Council Member wished to make more than one nomination, they would need to wait until each Council Member had an opportunity to nominate a candidate. Council Member Krause questioned if the nominations would require a second. Mr. Rohloff stated he believed City staff had anticipated a second not being required, similar to the selection of the Deputy Mayor. MOTION: ADJOURN (Allison-Aasby; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 5:26 p.m. PAMELA R. UBRIG CITY CLERK 7