 And is off in the beginning very much. Could the clerk please call the roll there are nine present And I understand Marcus of Aglio is on his way, so we should see him shortly Next is the Pledge of Allegiance. We have a special guest tonight Boy Scout Connor Miller is from troop 801 at Grace Episcopal Church Connor, please come up to the front and lead us in the Pledge of Allegiance. Please stand Allegiance to the play of the United States of America and to the Republic for which it stands One nation under God Indivisible with liberty and justice for all Connor, thank you very much Next item on the agenda is the approval of the minutes from our last Common Council meeting all the person will thank you Mayor I make a motion to approve Thank you for that motion in support Is there any discussion on the minutes? Seeing none all those in favor of the minutes, please signify by saying aye. Aye anyone opposed Seeing none most passes Next item is confirmation of mayor's appointments city attorney We just have one the mayor submits the following appointment for your consideration John Matiska to be considered for appointment to the library Board to fill the unexpired term of Amanda Salazar whose term expires April 19 2021 Thank you very much all the person wolf. Thank you mayor. I make a motion to confirm Thank you for that motion in support All those in favor of the motion, please signify by saying aye. Aye opposed motion passes Next we'll move on to a presentation of the 2017 GFO a certificate of achievement for excellence in financial reporting by city administrator Darryl Hoffland The award is a certificate of achievement for excellence in financial reporting the document that was submitted for consideration Is the popular annual financial report which I think you all received as an attachment? The award reflects the city's commitment Not only of its common council, but its staff to meeting the highest principles of government finance reporting in order to receive the award The city had to satisfy nationally recognized guidelines The document in this award reinforces the city's strategic plans focus areas of governing and fiscal management and Communication it is the city's goal to provide open and transparent financial documents to empower its residents Staff and officials to make informed decisions regarding the future needs of the city This is the first year GFO a has bestowed the city with this recognition The city is only one of six municipalities in Wisconsin to receive this award I want to thank Darryl for very generously presenting this to me, but Darryl Carry the finance department our new finance director They all really deserve You know the credit for this as well as all of our department heads who gave them the information that they needed so Darryl Thank you very much Yeah, and I'll let you put it in a proper spot. Okay At this time I'd like to call up Wendy Schmitz Today, it's my pleasure to recognize Wendy Schmitz who has served as the director of the senior activity Center for the past 13 years During this time Wednesday Wendy supervised the senior activity Center renovation project in 2009 to make a former elementary school Much more functional as a senior Center. This renovations was funded entirely through the Friends of the senior Center Wendy also worked to change the image of the senior activity Center to build membership and attendance and Create an agency that relies heavily on the expertise of retirees The programming has changed from a more sedentary activities to very active offerings for our community The senior activity center became vibrant dynamic community center encouraging wellness learning and recreation for Sheboygan's diverse semi-retired and retired citizens Together with the seniors Wendy has planted flower beds raised bed gardens She's created a haven in a rundown neighborhood She escorted hundreds of people on 12 trips from Branson to New York City and also Facilitated trips from Cuba to cruising on the Danube in 2018 over 47,000 visits were made to the senior center with an average daily attendance of 200 the most important But immeasurable numbers are the activities events and friendships that spilled out into the wider community Due to the social connections that were made at the senior activity Center Wendy also Facilitated the work of the Sheboygan for all task group as they work with AARP to develop an action plan and work to make Sheboygan a more livable community. I don't know if this is going to be a just a small way of saying Thank you to Wendy for all the great work that she's done You know I talked to many of the people who that deal with her every day and work and help and volunteer with her Many of them are in the back of the room and they just said some some great things about the time and the effort that Wendy has put forward So Wendy and we want to issue this certificate of appreciation from the city of Sheboygan to Wendy Schmitz for 13 years of dedicated service from July 25th of 2005 till April 19th of 2019 signed by Daryl Hoffland and myself Congratulations, and I hope you have plenty of time now to do all those extra things on your bucket list I normally have a lot to say I don't I couldn't have done it without those great people at the back and and some of the Fantastic department heads and many of the older people who've been very supportive I think the best thing that's happened to me is Daryl Hoffland because when I first came here I was charged with saving the senior center along the way the council has often Wanted to hand us over to the nonprofit organization But Daryl gave me his full support, and I think that that has been shown in the fact that you've now elevated the position to be a director of senior services and I just think that there's a great future, and I thank you for that. Thank you Welcome This is also a time when we have to say a few goodbyes at the last council meeting of this year And I'd like to give a certificate of appreciation to all the person Ron Renfleisch for two years of dedicated service during this short period of time He served as the finance and personnel committee chairman He served on the law and licensing committee the licensing hearings and public safety committee the board of license Examiners which he was chairing the capital improvements commission the senior activity center commission and the Sheboygan transit commission We were really able to take advantage of all the experiences that Ron has had in his past in his volunteer life and his work life And Ron, thank you so much for the time you gave us And this year we also said goodbye to all the person rosemary trust her rosemary served for three years of Dedicated service and she served on the licensing hearings and public safety committee the law and licensing committee public protection and safety The library board the historic preservation and housing rehab loan commission and the Sheboygan county emergency medical services council Rosemary was not able to be with us today because her husband had to take a trip to the hospital out of town And I'll get this to her tomorrow A few other announcements coming up on Friday, May 3rd is the national day of prayer the Sheboygan Group will gather at noon at Fountain Park United Methodist Church We also are conducting the mayor's challenge for water conservation that's including April 1st through April 30th We challenge our residents to conserve water energy and other natural resources on behalf of the city through a series of Informing it easy to use pledges online Just do your part this earth month by going to mywaterpledge.com to participate Our police department is offering Free violent intruder active shooter training on April 26th from rather April 24th From 6 p.m. To 9 p.m. At Sheboygan South High School You can contact Sergeant Andy Kudniger to make an arrest reservation. We need to know how many people will participate This training is called Alice alert lockdown inform counter and escape It's an effort to help educate more community members the Sheboygan Police Department is now offering this free Alice training program and Then Arbor Day is coming up on April 26th At 1030 at JC Park will have a Sheboygan celebration the city will be receiving its 41st year of Continuous tree city recognitions that means that Sheboygan was the first Community to meet the guidelines set up by the Arbor Day foundation and has met those guidelines for every year since April 27th will be drug take-back day and it'll be available all day 24 7 At Walgreens on 14th and Erie in the Sheboygan Police Department And then winter parking rules the alternate side parking will end on April 30th and You all saw the announcement about our new fire chief Eric Montanello and he should be starting around mid-May and For the council members. I just want to give you a reminder that tomorrow We'll be meeting in the lobby at 7 o'clock for a photo and then we should be able to start our meeting at 7 30 And it's just 49 more days until we plan to move back into City Hall for a common council meeting on June 3rd Thank you Next we'll have the public forum We have one person this evening Jennifer Lurkey You state your name and address for us, please Jennifer Lurkey 111 Highland Drive glambula, Wisconsin. Thank you. You'll have five minutes. Thank you I'm here today regarding resolution 204 1819, which is on the agenda for tonight's common council meeting To voice the Armory Community Projects concerns with that resolution One we feel that it's premature to enter into such a contract right now as demolition can't proceed until mid-June To we're aware that somebody else is interested in the building and I can confirm this as well as I'll be touring the building with them on April 24th, it's a reputable developer with a proven record not only in this city, but across the country There are looking to turn it into an event center with a restaurant and a hotel in the rear of the site They've done two similar projects in Wisconsin Three the city would be bound under contract if this developer made an offer to purchase or expressed an interest in pursuing a redevelopment Agreement based on how the contract is written the city would be allowed to break the contract But the city would incur a financial penalty Why enter into a contract that may need to be broken? Why approve a contract that could incur a financial penalty? Why approve a contract without quantifying how much that penalty would be? Best enterprises will likely be ordering equipment materials Placing deposits and down payments on them in a mobilization effort so that they can begin in mid-June Why waste their time and taxpayer money? For the resolution says city officials are authorized to enter into a contract The resolution was not amended to say that the mayor had to wait until the developer completed his due diligence If the resolution is approved he would be allowed to enter into the contract whenever he wants the resolution should be amended Five the resolution says demolition shall not begin until the city attorney provides a written opinion to the city administrator Confirming that a review by the state historic preservation officer Has been completed and be demolition may occur in compliance with the historic preservation regulations contained in section 15 916 of the Schwoigen zoning ordinance on Such a contentious issue the city attorney should have to provide a written opinion to common counsel before demolition can begin not the city administrator Six there are several portions of section 15 916 that we believe the city is not in compliance with and They'll be more to that more to come on that on a later date Seven because more than one acre of land will be disturbed The city needs a permit from the Wisconsin Department of Natural Resources before demolition can begin However, this is missing from the resolution and the resolution should be amended to include it and Also again There is the larger discussion of the public trust doctrine We have brought the public trust doctrine to the city's attention at numerous meetings over the last six months and we're continually Dismissed a letter from our attorney regarding the public trust doctrine was included as a communication in your common counsel agenda tonight And I hope you had the time to read it on page four number nine on page four of that letter There's a reference to a survey can be commissioned by the city The survey is entirely consistent with documents which we've provided to common counsel in November of 18 and also the historic Preservation Commission in March of 19 10 it's concerning to know that this survey which is dated February 27th of 19 nearly seven weeks ago to the best of our knowledge Has not been Shared with the Historic Preservation Commission for their March 19th meeting Finance committee in preparation of their meeting last week nor common counsel for your meeting tonight And we feel that it is a critically important piece of information to have while discussing the future fate of the Armory number 11 our arguments Are dismissed saying it has no effect on demolition and that is true to an extent However, why tear a building down if it's unclear if the site will ever be allowed to be sold or used for private Private development to be anything other than empty parkland that generates no tax revenue for the city Why not keep the building so it can be an asset to the community and generate pilot Property tax personal property tax sales tax and associated visitors spending sales tax and hotel room tax revenue We urge the common counsel to step forward and re-enter negotiations with the Armory community project and number 12 You're likely to hear arguments that the demolition bids went up and the city needs to lock the price in right now a 2017 discussion with city staff indicated that the 2017 demolition bids only Included removal of the building and filling of the hole to avoid disturbing more than an acre and avoid the aforementioned DNR permit the new 2019 demolition bids not only include demolition of the building and filling the hole But also removal of all the interior sidewalks ramps driveways, whatever yada yada topsoil grass two acres of land will be disturbed That's the cause for the increase for all the above reasons. We urge that you vote in a tonight. Thank you Thank you Thank you next move on to the consent agenda that'll include items 2.2 through 2.18 All the person will Thank you mayor. I make a motion to accept and file all our O's Accept and adopt all our C's and pass all resolutions and ordinances Thank you for that motion in support. Is there any discussion on any of those items in the consent agenda? See none. Will the clerk, please call the roll ten eyes motion passes under reports of officers item 3.1 will be referred to the finance and personnel committee of the new council Under resolutions Resolution 4.1 is resolution number 209 of 1819 by Alder person's Reinflash and borne authorizing the release of funds to the harbour center business improvement district Alder person will Thank you mayor and make a motion to suspend. Is there any objection to suspension? Seeing none all the person Reinflash Thank you for that motion in support. The resolution is before us. Is there any discussion? Seeing none will the clerk, please call the roll ten eyes Motion passes item 4.2 and 4.3 will be referred to the finance and personnel committee and the public works committee of the new council Under reports of committees item 5.1 is RC number 305 of 1819 by the finance and personnel committee to whom was referred resolution number 187 of 1819 by Alder person's Reinflash and borne Authorizing the city of Sheboygan to enter into a contract with municipal property insurance company for building property insurance Coverage and recommends approving the resolution Alder person Reinflash Thank for that motion in support. Is there any discussion Alder person borne. Is there any other discussion? With a clerk, please call the roll ten eyes Motion passes item 5.2 is RC number 306 of 1819 by the committee of the whole to whom was referred RC number 289 of 1819 by the public works committee in resolution number 190 of 1819 by Alder person's wolf and sorenson expressing the sense the council That transitioning to an automated garbage and recycling collection program is in the best interest of the city and recommends approving the resolution Alder person sorenson Second thank you for that motion in support under discussion Alder person borne Support this tonight Think it's a good idea, but I did have one question on the on the four dollar fee that were that goes along with this What are going to be the parameters as we go forward as far as an increase of the fee keeping it the same Possibly lowering it if maybe if director Bebel could maybe address that for us Director Bebel the plan is during the 2020 Budget process we will be getting gathering further detail one of the big key factors is going to be our contract for tipping and transfer of our recyclables for processing That is due at the end of this year. We will be going out for new proposals Very shortly to get some better pricing so we'd have that in advance already of for the for the budget process So we can work on that figure what it would actually would be however in today's news we'd heard that Waste management is now in the process of acquiring advanced disposal Therefore leaving really just one vendor in our entire area to really negotiate with moving forward So that will play a key factor as we continue to deliberate and figure out what this final cost will be Thank you Any other discussion? See none will the clerk please call the roll Ten night motion passes Item 5.3 is RC number 307 of 1819 by the committee the whole two minutes referred RC number 290 of 1819 by the public works committee in resolution number 191 of 1819 by Alderperson Wilf and Sorenson Authorizing the Department of Public Works to purchase seven new way auto car automated garbage and recycling collection trucks Recommends approving the resolution Alderperson Sorenson second Thank you for that motion in support under discussion Seeing no discussion with a clerk, please call the roll Ten eyes motion passes Item 5.4 is RC number 308 of 1819 by the committee the whole to humans referred RC number 284 of 1819 by the public works committee and resolution number 192 of 1819 by Alderperson's Wilf and Sorenson Authorizing the appropriate city officials to enter into a contract with Sun graphics media for the creation of materials for public education and outreach Related to the automated garbage and recycling program and recommends approving the substitute Resolution Alderperson Sorenson Second thank you for that motion in support under discussion Alderperson Savaglio Thank You mr. Mayor I Recently received an email from another vendor interested in bidding on this project I am still very frustrated that we did not put this project out for bid and this bidder is also a local marketing firm I would Respectfully like to request that this be amended to go back to committee Okay, we have an amendment. Is there a second? We have an amendment on the floor Discussion on the amendment Alderperson Donahue I'm an attorney Adams with respect to items that are typically bid and items that are typically not bid This is a service contract. I don't know that I can say typically or atypically It is not required to be bid under our Statutes or our ordinances I'd like to ask DPW director David Bevel to tell us the process he went through on this Yeah, again as I reiterated at the committee of the whole meeting Typically professional service contracts like the one is presented this evening. They're a negotiated type of contract We work with vendors that we have Relationships with that have past experience with Sun graphics and some experience that we've dealt with with our stormwater Education information education program that we partnered with the county with so typically This is not uncommon. We we did inter negotiations with with vendors like this We do it routinely with engineering contracts Just for instance, we entered into contract with Excel engineering for engineering around the the arm run that the armory the The tannery site for instance that that development the Badger lofts of department Complex so again, that was just entered into a contract with them. It's a routine I think that we've met with Sun graphics a couple of times and in terms of the scope and the deliverables on this We've gone back and forth with some of the terms and conditions I have all the confidence that this is of a contract that will provide value to the department as well to the city as a whole And again, it's it's it's under the fifty thousand threat threshold and even that threshold in a lot of cases for our professional service contracts We we don't and it's in the processes. It's not a bid We would never go out for a bid for a professional services contract when we go out for for For what we call is a it's a request for proposal and then we use a process called quality based selection So it's not even based on price. It's based on The staff's you know prior work their resumes What what are their deliverables? What is their timeline on some of so there's there's many factors that go into? Consultant type of selection It's not where we're bidding a construction project and we're going to select a little bitter to build this project for it So there's a lot of intangibles that go into it You know today we just had an interview with the shaboying impress We had some talking points and you know, this is where we're talking We want to get some frequently asked questions already developed so that we really want to engage the services So we can get this up and running because we know this is going to impact the entire community Thank you for those comments any other discussion all the person down here Against the referral back to committee. I understand that all the person's values concerns But here's the situation we need as a city to do business on a wide variety of Business concerns we enter into agreements on a regular basis with all sorts of providers and and that Entering into those contracts is often predicated on the relationship that we've had in the past with those with those providers It's a concern to me that We not complicate relatively straightforward service contracts over much the My concern is that the contract that Sun graphics is entering into It's very complicated It's really it's a great big hammer hitting a pretty tiny nail and If we put these kinds of matters out for A request for proposals and so forth It's my concern that contracts not be so complicated and requiring The person who wants to enter into the contract to retain legal counsel to review provisions such as indemnification and so forth What we're doing with the garbage Trucks and the garbage collection is a big big big deal and I think that there's going to be a fair amount of If not controversy a lot of concern on the part of city residents about what this means and how they're going to be able to Get carts out to the street or into the garage or whatever I Reviewed I Reviewed the contract. I I Appreciate and I think as council people we need to appreciate our skilled staff who assess these things and say You know, we've worked with Sun graphics before we know their work We know this is an important project and we know we need to get going on it right away so if we put this off and Set it out for I would say if we're going to send out requests for proposals. It should be very broad-based and And spend considerable time Evaluating those proposals and if it's another company that ultimately we decide on There's a very complicated contract to negotiate and there'll be a need to hire into that Prevair will have to hire an attorney to review the contract and so forth. So Well, I understand You know, sometimes when you're in business You have a reputation and that's how you get business and I think that this is a Sensible approach right now based on our past Experience with this particular firm. I think we need to get moving quickly and so for that reason I'm going to oppose the the amendment but appreciating what Alder Savalios have his thought process here Alder person boring Thank You mayor I'm I agree with Alder person so big leave on this one forty forty two thousand dollar Forty two thousand five hundred dollars is a lot of money. We have some very talented ad agencies in Sheboygan besides Sun graphics media that have very very good reputations and I just think It's a good idea on something like this It's very creative on their part and I'm sure I would like to see what other Whether what other ad agencies in Sheboygan or maybe even outside of Sheboygan have to offer us What kind of a program they can come up with? There may be some ad agencies that have already done this type of thing for other communities and I just don't think it hurts to see what's out there and and You know come up with a very innovative program not saying that Sun graphics isn't but this is forty two thousand five hundred Dollars and I think it it doesn't hurt to go out and see what's available. Thank you Thank you for your comments Alder person Wolff. Thank you mayor Although I don't I don't want to keep chewing on this on this bone until everybody wants to go home already But anyway, I disagree with with the situation I understand in the in a broad stroke of the brush that We we want to be competitive and we want to send things out for bid But I agree with Mary Lynn that this is this is something that we shouldn't we as as alders are supposed to be Helping the city grow helping our our management team Move forward in positive direction. We should not be telling them how to do certain things and who to be working with To some degree. I agree forty two thousand dollars is a lot of money but in the in the big picture of the project it's not and I guess my concern is here. We are at the twelfth hour again We have a big program that we're looking to roll out a lot of communication This company has worked with the city for many many years as mr. Bebel had taught had explained They have history. They have understanding. They know our inner workings. They know the community. They are local the other thing is that I do want to point out is that it's also the responsibility of Said competition that if they want to be involved then they should be reaching out to the city We we don't want to have to send out Publications for every little thing because then it's going to take Months and years to get anything done and then to review contracts and to dig into that We're just adding You know the proverbial red tape that we all hate with government So let's let's let our great management team do what they need to do Let's vote this down. We can always improve things later, but we are on a timeline and I respect The overall concern, but we have a lot to do and we have to get things going. So thank you Thank you for those comments any other discussion. I Just like to say that my office is responsible for a lot of the communication in the city and Right after our committee of the whole meeting We started to see a lot of things popping up on social networks and things like that And one of the worst things we can do is let that fester because then those things that are set on those social networks become The facts that people believe and so I challenged the department right away to try to get something together And they said they're waiting for this so that they can get some professional help to do a good job and and prepare You know the website that they need the brochures that they need And so I really don't want to see this held up because we're just going to create a problem for ourselves All the person down here. I'm sorry. You had two kicks at the can anybody else need to speak Okay with that there's no other discussion Sure So the shortest process that I could see here if it were referred to the FNP committee of the new council Would be first of all it would get referred back. I think Referring it back would be a signal that the sense of the council is they want to Go out for some kind of requests That would probably it would probably be who for the public works department at that point hearing that vote to probably begin on that And I suppose if they were to run through that process because there is not a There's not a particular process in place They could probably run the RFP process without coming to the committee and then direct refer the The final response of that, you know the final decision To you another contract or maybe the same one if the same Company wins it But that would still likely mean that it would have to come to the committee would look at it At their next meeting which isn't going to be for three weeks probably and then come back to the council in four So that's probably the shortest timeline is four weeks Okay, any other discussion on the amendment David I Guess I would be concerned with starting any RFP process without I guess parameters from this body Since they're the ones asking for it again when we go out for RFPs. It's Qualification based selection. So the selections that I would consider high importance for this project may be different than those in this chamber I Use that criterion when we started the negotiations with Sun graphics in terms of rolling out the automated garbage Selection pro collection program for the city. We have you know timelines. We want to meet we have Specific criteria and audiences that we want to meet so that would be my only concern of drafting a type of document and then having it rejected because It again, it might not meet the selection or who who who they might choose in the end Okay, any other discussion? Would the clerk please call the roll on the amendment I Can go now For eyes six nose Motion fails But then we're going back to the motion to accept and adopt and pass the substitute resolution That's before us for further discussion Any other discussion seen none will the clerk please call the roll on the main motion Eight eyes to nose motion passes Item 5.5 is RC number 309 of 1819 by the Finance and Personnel Committee to must referred resolution number 203 of 1819 by all the persons Wolf and Sarnsson Authorizing a transfer of appropriations in the 2019 budget recommends approving the resolution All the person rent flesh Thank you for that motion in support. Is there any discussion? Seeing none will the clerk please call the roll Ten eyes motion passes item 5.6 is RC number 3 10 of 1819 by the Finance and Personnel Committee to must referred resolution number 204 of 1819 by all the persons Wolf and Reinflesh and Born authorizing the demolition of the Armory contingent upon completion of legal requirements and recommends approving the resolution with an amended contract All the person Reinflesh Thank you for your motion in support under discussion All the persons of Aglio got it you mr. Mayor I would just like some clarification if we do end up going the other route that was referred to in In public forum. Is there a penalty for signing this contract and then backing out and how much is that? City Attorney Well, you haven't approved the contract yet So so if you vote it down the contract isn't isn't in place understood But if we were to approve this contract, what would be the penalty for backing out? Moving forward. I'll take a look at the document. I Think the other thing that's kind of inferred here that That we would sign this contract Before all the work is done and the evaluation of this other party that wants to come to Shaboy again And I was the one that took the call from the other party And what they described to me is that they wanted to come in and see the Armory which will happen I believe next week Then they wanted to put their final put their final plans together and then make another meeting to sit down with city staff explain those plans and They wanted to be ready to try to claim some tax credits New market tax credits that would be awarded in May and they assured me that they would have all their requests and everything ready So that we would know whether or not they had a project well before the end of the 90 days was up So I don't see this happening and what I pledged to do at the Finance and personnel committee meeting was to not sign that contract until we knew that all the requirements were finished and And the other party had made their Presentation to staff and we made a decision or brought it back to council for your approval Thank you Article 12 just to answer your question all the persons of ugly all the Article 12 indicates that If there is a termination the city would pay the contractor for the services that were performed up to that date That written services receive plus reasonable termination or suspension expenses. So there's no termination fee However, expenses that would reasonably be incurred by the contractor as a result of our terminating or suspending at the time We would have to pay those it's not specifically set forth in this contract simply because the timing of that is going to determine that is it Possible that litigation would occur or we'd have to negotiate those things most likely in that circumstance Thank you all their person. Sorry sir Thank You mr. Mayor. I'm gonna be voting no against this today. I think that this This honestly doesn't really show that we're kind of open for business I think it's been indicated that we have a serious developer that is interested in the lot and the property as well, too For me, I think we need to show good faith and give them a fair opportunity Not show what the city administration's priority is with this property as well, too Again, I don't know why we're still in such a rush. We're still within the 90-day hold period even if we did approve this And then we got back a phenomenal Proposal, which we don't know yet from the beginning of this discussion with the armory since I've been on the council I kept saying and I still have hope that we need to give a chance and show good faith and be open for business when folks come Forward with a good plan and quite frankly. I don't feel like this is fiscally responsible For us approving a contract without knowing what the other options are moving forward So I'll be voting no and I encourage my colleagues to do as well. Thank you Thank you. All the person boring. Thank you, Mayor Attorney Adams what you were just describing about any possible financial liability That would that assume that the contract is signed because the mayor indicated that he's not going to sign the contract until we've exhausted Everything that he just that he just said Exactly that was it appeared to be all the person savaglio's question Based on my initial response. He wanted to know what would happen after it were signed if it's not signed It doesn't apply to anybody. It only becomes a contract once it's signed and there's Consideration, etc. And I was glad to hear there was some there was some concern about this expressed that the finance and personnel committee and when the mayor assured the committee that He was not going to sign this demolition contract until all the hoops had been gone through and that we had Assurances from the from the city attorney that we could proceed. So that made me comfortable with it And that's why I'll support this tonight, but I did have some questions and they were answered. Thank you Thank you all their person Decker Thank You Samir. I also am concerned with some of the what's going on here I really think we should put a pause on this and I propose a hold till the next council Is that a motion? Yes The motion to hold So so you've made a motion to Forward it to the following council, I assume to are you referring it back to a committee of the council or just to the council? Just just for a three-man hold three person hold We don't Yeah, we think that's germane at this meeting. Yeah, that that yeah, that hasn't happened happened yet You'd have to follow the procedure for that three person hold The process that would happen if you refer it to the next Next council would be it would it would simply get referred to the council and the decision would be made at the following following meeting and then So we have a motion in a second to hold this item And refer it to the new council Is that correct? Yes Okay, is there any is this debatable A motion to refer is debatable. Yes. Okay. Is there any Because we have this is the last meeting of this council we have to clean our docket out So we we can't hold something we have to refer it to the the new council It's the only way that we can operate at this particular meeting in the last meeting of the council year The three-man hold hasn't happened yet either. So there hasn't been a You haven't done what needs to be done to do that although water is correct were you to do that? I would tell you that you can't Because because this is the last meeting of the year Okay, and other discussion Jim boring Where would it go with the new council then do we have to determine if it would it go back to finance and personnel were it originated or Is that who decides that? Well at this point if you refer it to the new council I believe we'd put it on the next agenda that the new count when the new council is seated And then I'll be referred to a committee at that point. Okay, it wouldn't have to be referred to a committee and and Because of the timeframe it would not go to the next meeting which is tomorrow And it would not go to the meeting after that which is a week from tonight because it is not allowed to be on that agenda So it would go to the first meeting in May Any other discussion on the motion to hold And refer to the new council See none. Will the clerk please call the roll on the motion for I six nose Motions lost so we're back to the The motion to accept and adopt and pass the resolution with an amended contract Are there further discussion all their person wolf? Thank you, mayor. I just have a couple of real quick questions In in our finance and personnel meeting Chuck it was discussed that certain things the mayor was going to Want to make sure that they were teased crossed eyes dotted kind of thing one of the reasons why I'm I'm actually in in agreement with moving forward is it it puts more pressure on said groups that Theoretically have Have interest in the property property has has been available for a long time If this group is truly coming and They're going to make decisions by May. I mean how soon contractually does Mike have to sign the said contract? Where we might have some liability to it like right now? It's not signed so it's just a literally a piece of paper and offer but How long kit is that offer available before he has to sign? Well, if you're asking the legal question of how long can he just simply hold off on his own on Signing it and the answer to that is is You know to some extent permanently although you as a council have some ability to to force his hand In that circumstance where he not to sign it if the answer is practically I'm probably not the right person to answer that but practically There does come a time when this contract is just going to get so old that The the other side won't sign it. Well, and the reason I bring it up Chuck is is the fact that most contracts have a validity date I'm just wondering if this contract has that because you know is it 30 days 60 days that the contract is actually alive before it actually dies this contract my recollection is and I'm just I'm just 120 days. Yeah, I believe there was now was that in this or was that in the RFP? That's what I'm looking for There was there was an RFP, but then there's the contract information as well. I'm just quickly going through Chad can you help us out? No in the contract. There is none. I was just making sure that it wasn't there so the in essence what happened there was the request for proposals the Contractor could choose to simply exercise, you know the language of the request for proposals at the end of the 120 days from the time that they put in the proposal and say we choose not to sign it solely for that reason on the other hand they haven't signed this yet either and You know, frankly they could refuse to enter into it if they could choose to enter into it after the 120 days if they so choose But they could also decline to do so after the 120 days. So the legal answer still is If they want to let it go You know long they can do that. It's just that they're unlikely to do that, right? And I guess the reason I'm saying that is I support continuing to move forward because it puts pressure on the Potential opportunity to get involved or not get involved doesn't mean that the city is actually gonna You know Mike said he's going to either sign it when all of the Teaser crossed eyes are dotted concept. So again if we if we don't have a timeline on the said contract Then we still have time for the said group company or group to come look at it Provide the city some direction and information and we can still give Mike the ability To continue to move forward correct me if I'm wrong Nothing to correct there. Thank you Any other discussion all the person sarnson. Thank you, mr. Mayor I disagree with all their wolf statement that this contract puts pressure on other outside groups I think it shows that the city has a preferred preference on which direction it wants to go And I do have a question for the city attorney regarding the public trust doctrine Do we have a clear answer of you know, what what's going to go on there? What if there are any legal implications in the future or development with that site? So the item on the agenda is this particular Contract and the public trust doctrine does not is not implicated at all by this contract And yet all the person Phillips Thank you. I agree that it puts pressure on The potential a prospective developer. I don't necessarily think that's a good thing. I think that we need to give appropriate time for prospective developers or redevelopers to come up with plans and secure funding and I think in the past we've fallen short on allowing that opportunity of time and my understanding is from what I'm hearing that if we agree to This demolition. It's still up to the mayor to sign the actual agreement But in all due respect Mr. Mayor that does leave all of the the power in your hands And I think that that is a decision that should be made by the council and I think that we need more time and information In order to make That decision Thank you. Thank you. Any other discussion all the person down here I know the cost in the current contract is 319,000 and the prior contract my memory is a hundred ninety seven thousand am I Does anyone remember what the first contract for demolition was? Or can you say it was substantially less than it is now? Jed I recall that the first contract was a hundred and twenty two thousand less the current bid In other words the current bid is a hundred twenty two thousand more That's correct. All right administrator Huffland Yeah, I have a specific number. So three nineteen five hundred is what's before you the previous Demolition proposal was one ninety seven ten or one hundred so a hundred twenty two thousand four hundred is the difference so I guess And I understand the reason that the Contract is so much more expensive now is that there just aren't that many folks interested in it. Is that a fair statement? I? Mean based on on your understanding of this Respond to that What I understand from purchasing agent Bernie Romer is that fact that we've gone out to bid a number of times and the People that have gone through all the work of putting together a bid and the project not moving forward have chosen Not to rebid on it one being vinten construction who was the low bidder the last time this went out to bid so I respect the fact that We have as we know from the letter. We have given many developers many opportunities to come forward We do have this last one and I think it's worth pursuing It's a reputable contractor. I think there's significant public trust doctrine issues with that plan But you know, we'll see how that all turns out But to the extent that we don't enter into this contract now With the assurances that have been given to us that And just reasonably the mayor is not going to I hope sign a document That puts the the city in legal jeopardy. I think we can all rely on that My concern is is that this you know, this contract goes away and the the developer decides that you know for all the reasons that so many developers have had trouble with this building that That developer doesn't want to go through Then we're back out for bids and then we're in the soup again. And so my view is is that I view this is more As just a contingent that protects the city's financial interests if a real developer if this particular developer comes through and he's excited or it's excited and there's There's some real possibilities there that we can debate. I think that's terrific and I think we should give full You know pay full attention to that but just to have this in our back pocket in case So I think we do have a fiduciary responsibility and I think if we vote against this That we aren't paying attention to that. It's already cost us more than More than a hundred thousand dollars and goodness knows what what the additional cost may be in the future Thank you for those comments any other discussion all their person Phillips Thank you just for clarification from my understanding from what I heard from Jennifer Larky the difference between the first Proposal for demolition or the first bid for demolition versus the current one was a difference in the type or amount of work type of X Excavation is that correct to say? Daryl did you want to respond to that? Chad as I as I recall from the purchasing agent that the request for bids was a exact same as the previous one So I don't know what the the discussion is about the additional excavation. I think Bernie just pulled up the Previous request for bids and changed some dates and sent it back out anything else Other person survive Leo Thank You mr. Mayor. I'd just like to echo all the person Donna Hughes Comments before I just spent the 20 minutes of our time before maybe 15 minutes of our time before fighting over What would amount to be about $20,000? This is already cost us over a hundred and we can't afford for it to cost us anymore. Thank you very much. Thank you Any other discussion? Seeing none will the clerk, please call the roll Seven eyes three nose motion passes Next item on the agenda is five point seven It's RC number three eleven of eighteen nineteen by the finance and personnel committee tumours referred resolution number two oh six of 1819 by all the person's Reinflation born directing the purchasing agent to seek requests for proposals for an operational and departmental structure study of the city of Sheboygan's finance department and human resources department recommends approving the resolution all the person Reinflate Thank you for that motion in support. Is there any discussion on the motion all the person Reinflate Continuing the studies like we did at the fire department last year's is a study of our finance and Human resource department. I at the committee level want to make sure that The study didn't pre-suppose a combining of the departments which initial language could have been interpreted as so We're modifying the language for that. I also thought that we ought to incorporate the Budgeting function which isn't currently in one of those two to either of those two departments We're gonna incorporate that for studying our financial area, which the resolution does now include so I'm comfortable with it I think it's a good idea to have that study. I don't want to pre-suppose conclusions Thank you for those comments. Are there any other discussion? Seeing none will the clerk, please call the roll ten eyes motion passes Items 5.8 through 5.46 will be referred to various committees of the new council And then we'll move on to other matters authorized by law city attorney 6.1 is an RO by the city clerk submitting various license applications for the period ending June 30 2019 December 31 2019 and June 30 2020 That would be referred to the licensing hearings in public safety of the new council. I Just like to thank everybody for a great council year this last year and with that I'll turn it over to all the person Wolf and thank you mayor. I make a motion to adjourn seen a die Thank you for that motion and support all those in favor, please signify by saying aye Opposed motion passes. We stand adjourned. Thank you for all your work this year