 I'd like to call the 13th regular meeting of the 2017 2018 Common Council to order With the clerk would what we have Marys de Bruin here a deputy clerk and she's gonna be running the meeting this evening And I'd like to ask her to read the quote for the day Thank You mayor Skill in the art of communication is crucial to any leader's success they can accomplish nothing unless they can communicate effectively Thank you very much with the clerk. Please call the roll. There are 14 present Alderperson's Mary Lynn Donahue and Rosemary Trester are both excused and Alderperson Lee Wendalski is joining us remotely Please stand and join me in the Pledge of Allegiance Agents Next move on to the approval of the minutes from our last Common Council meeting Alderperson Wolff. Thank You mayor I make a motion to approve the minutes second. Thank you for that motion and support. Is there any discussion on the minutes? See you nine Mayor I need to make a correction to the minutes And could you describe that correction? Yes a correction to the minutes the Boy Scouts were from holy name and Saint Clement churches Not holy family holy family was the name of the school that closed and became Saint Elizabeth and second in school Have a second to those that correction Okay, we Is there any discussion? See none all those in favor of the correction signify by saying aye and then I will move to Move to approve those We have a motion to approve those now as corrected. Is there any discussion in that motion? See none all those in favor signify by saying aye Motion passes Next will be confirmation of mayor's appointments to the King Park neighborhood association city attorney So the mayor hereby submits the following appointments for your consideration to the mayor's neighborhood leadership Abinett from the King Park neighborhood association Scott Hansen as the primary Graziella Pirella as the alternate for terms expiring April 30 2018 Thank you very much Alderperson Wolff Confirm second Thank you for that motion and support All those in favor please signify by saying aye. I'm sorry. We're gonna have to call the roll on that one Sounded like it'd be unanimous to me, but All the person Lee Wendalski Your vote, please yes, thank you Yes, 14 eyes motion passes Next move we'll move on to the election for a position on the board of water commissioners That We're now open for nominations Alderperson Wolff Thank you, Mary I moved to nominate the that nominations be received from the floor voting to be done by open ballot And if more than two candidates are nominated the candidate with the lowest number of votes Be dropped from the list and balloting to continue until one candidate receives the majority Second thank you for that motion and support Under nominations Alderperson Wolff Thank You mayor. I nominate Ray Hine for the position of board of Waterworks commissioner Second thank you for that second Okay, Alder Ray Hain is not here this evening, but he's sent his letter and is his description of his Background to the city clerk. He's served in this position for well over a decade and I'd Ask the Alderperson Wolff if there's any other nominations Thank you mayor. I move to close the nominations and direct and direct the city clerk to cast the unanimous ballot for Ray Hain second Thank you for that motion and support All those in favor, please Seize me if I by staying a I I opposed Motion passes unanimously. Thank you very much Congratulations to Ray Hain and continuing his service on the board of waterworks commissioners Next we'll move on to the public forum There is no one tonight. Thank you very much Going on to mayor's announcements As we noticed before the kink park neighborhood association has now been formed and accepted and we have some some officers and now Delegates to the mayor's neighborhood leadership cabinet all up for him Grazia Pirella is with us this evening from the neighborhood So thank you very much for being here tonight, and we've got to give a big Thank you to Penny Weber. She's leading the shboyga neighborhood pride And she's worked with with this particular neighborhood for quite some time to get them to the point of becoming a full neighborhood Association so we congratulate them on the work that they've done together The Valrath Park neighborhood is conducting a history walk on Saturday They'll be meeting at the first congregational church at 9 a.m. If anyone's interested You can just meet them and join the history walk And we have some guests in the chambers tonight Sharon Abel's Civics class from LTC is with us so we welcome all the students here and then after the meeting we'll be meeting in the third-floor conference room at the end of the hall so that you can ask any questions and Help you with your understanding of our meeting and And just a reminder for everyone next Monday We're going to have a committee of the whole meeting To deal with the budget adjustments that were approved at the different committees, and that'll be at 6 p.m. Next Monday Okay, then we'll move on to the consent agenda that will include items to point through through 2.5 all the person Wolff 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 second. Thank you for the motion in support. Is there any discussion on the consent agenda? Seeing none will the clerk, please call the roll other person Lee Wendusky Thank you 14 eyes motion passes Item 3.1 will lie over Items 3.2 through 3.15 will all be referred to various committees Then next is resolutions Resolution 4.1 is resolution number 77 of 1718 by Alderperson Wolff and drawn Authorizing retaining outside legal counsel to represent the city in the matter of the town of Wilson versus the city of Sheboygan and Authorizing a payment for said services Alderperson Wolff Thank you mayor. I make a motion to suspend and pass resolution Second thank you for that motion. Is there any objection to suspension? Why are we suspending? So we can get started immediately Okay, limited amount of time before we have to file an answer in those kinds Is there any objection to suspension? Was that Alderperson Sorenson? no objection, okay, and So then the motion is on the floor for discussion Alderperson Sorenson Yes for Yeah, for this and so it would now I remember in our annexation agreement that the core company agreed to pay up to $200,000 We have an estimation With this retaining outside legal counsel what that cost would be right now off the bat Do we have a ballpark or anything like that? City attorney? Not at this point. Okay, too early Alderperson Bourne is next Thank You mayor. I want to amend the document as follows Amend the resolution to have the city attorney's office advise the finance and personnel committee quarterly on the funds expended on this lawsuit Thank you for that amendment and we have a second second, okay The amendment is on the floor then for discussion. Is there any discussion on the amendment? Seeing none where the clerk. Please call the roll Every quarter in flesh Alderperson Lewandowski Thank you. We're voting as amended, right? Yes, we're just wanting on the amendment 14 eyes motion passes Now we'll be Considering the main motion as amended. Is there any further discussion? Seeing none will the clerk, please. I'm sorry Alderperson Nelson Thank You me Curious how my mic works. No, I was just curious about the firm that was That is going to be Defending us I Don't know anything about them. I not that I know every attorney firm in Wisconsin But I was just curious as to the rationale of this particular firm It bona fides how they Used to doing this kind of work And ask the city attorney to inform us sure first of all as to attorney riffle himself. He is an expert on station law has written Treatises even on annexation law is defended a number of communities the firm Aaron's Malter Macy riffle in Larson is Perhaps could be considered One of the most respected Municipal law firms in the state they do a great deal of Work, especially for outside counsel work for smaller communities in the Milwaukee area and West They the attorneys from that firm regularly presented our annual Conference and in fact they Recently hired away from another one of the probably more well-known firms their expert on municipal law as well so I took a look at a number of different possibilities and there were some other good attorneys out there, but Between the fact that they were closer than some of the others we looked at and the expertise I'm very confident that we're getting about as good a lawyer as you can possibly get in this area Alderperson Bellinger Thank you Attorney Adams you have a lot of greed could you tell the the body here why we need to go out for outside counsel on this? Because it's going to be Likely going to expend a lot of hours and a lot of time on this At this point, I'm not even able to keep up with the regular work if I were to do the annexation in house We would not get any other legal work done for the next several months Next is Alderperson whole shoe. Thank you, mr. Mayor. I just have just want some clarity Says in this resolution that an authorizing payment for said services So do we pay first and and Kohler reimburses us? So that's how it works exactly. Thank you Alderperson Sorenson I Got I have a question regarding the timeline of this process what what are the next steps? I've been having a few constituents ask You know whether this has been assigned to judge yet and what it has been assigned to judge In fact, it was originally signed to judge per sick She recused herself. It has now gone to judge borowski a Complaint or a sum or answer to the complaint has already been Filed and there is next week already a hearing on one of The requests of the town So what you said it was next week is there a specific date for that? Tuesday, okay. Do you know the time? It's in the afternoon. I don't remember off the top of my head But Tuesday afternoon there is a hearing on the order to show cause all right. Thanks Any other discussion? All the personnel in here why did Judge person recuse herself. I don't know and I don't know that we'll ever know She don't have to state why you're recusing yourself. No Judge does not have to if she feels that there's a requirement for her to recuse herself. She can do that Thank you Okay, seeing no more lights with a clerk, please call the roll for passage as amended All the person Lee Wendalski Thank you 14 eyes motion passes item 4.2 is resolution number 78 of 1718 by Alderperson Wolf and drawn authorizing the appropriate City officials to execute a conflict waiver letter prepared by quarrels and Brady LLP regarding their Representation of the city of Sheboygan in Wisconsin Public Service Corporation Alderperson Wolf Thank you, mayor. I'd like to make a motion to suspend and pass resolution Second I would also ask that we get a little description for the Council to understand it better I Can do that first of all the reason that we're again asking for suspension on this is just simply for timing quarrels and Brady an attorney a spec card who do work for us related to Bond and financing matter Will be representing Wisconsin Public Service on items unrelated to their representation of the city I need to get started on that it is required when there's at least a potential conflict That they get that waiver here in this particular case having reviewed the type of representation that Quarles and Brady gives to us and that they will be giving to Wisconsin Public Service I don't believe that there will be any actual conflict Additionally, this is a fairly standard practice we're There's not going to be any sort of negative repercussions to the city and frankly there may be potentially in the future positive Okay, any other objections to suspension Seeing none the motion is on the floor any discussion on the motion With no discussion. I'd ask the clerk to please call the roll All their person Lee Mendoz ski Thank you 14 eyes motion passes Items 4.3 and 4.4 will be referred to various committees Under reports of committees item 5.1 is our C number 137 of 17 18 by finance and personnel committee to whom was Who reviewed the 30% design development phase of the city hall renovations and recommends that the common council accept the brain Architects design and program budget and advance the project to the next development phase all the person born Thank you, mayor. I make a motion to accept and adopt Thank you for that motion in support. Is there any discussion on the motion? See now with a clerk, please call the roll all the person Lee Wendalski Thank you 14 eyes motion passes Item 5.2 is our C number 136 of 17 18 by the public works committee to whom re was re Reviewed the 30% design development phase city hall and renovations and recommends that the common council accept the brain and Architects design and program budget and advance the project to the next development phase all the person wolf Thank you mayor. I make a motion to accept and adopt second Thank you for your motion and support. Is there any discussion on the motion? Will the clerk, please call the roll All the person Lee Wendalski Thank you 14 eyes motion passes Item 5.3 is our C number 134 of 17 18 by the law and licensing committee to whom is referred our own number 158 of 17 18 by the city clerk submitting license applications and recommends the nine beverage operators license number 1846 Gina Crow based upon her Ineligibility for a license and her failure to cooperate with the committee all the person holds you thank you, mr. Mayor I move that the report of committee be accepted and adopted Thank you for that motion and support under discussion is by any chance Gina crow here You have an opportunity to come up to the podium Gina wasn't right up right up there Gina was invited to our committee and did not make an appearance so We'd like to hear. I'm sorry. I was I thought it was on the 30th, and I didn't realize that was in Saturday until Friday On that I'd like to make a motion to refer this back to law and licensing Thank you for that motion and support to refer it back to law and licensing. Is there any discussion on the motion? Seeing none all those in favor, please signify by seeing I Opposed very good. Thank you. You can step down then We won't be sending you another notice We've already expended enough funds on doing that so just make sure you're there Next we'll move on to matters laid over items 6.1 is Resolution number 74 of 1718 by all the person Donahue and born authorizing Establishing an appropriation in the 2017 budget for grant funds received in the police and fire departments all the person born Thank you, mayor. I make a motion to pass the resolution Thank you for that motion and support. Is there any discussion on the motion? Seeing none will the clerk please call the roll all the person Lee Wendalski Thank you 12 eyes to nose motion passes Item 6.2 is resolution number 62 of 1718 by all the person Donahue and born authorizing the transfer of appropriations in the 2017 budget for contracted services for an operational consulting and departmental structure of the Sheboygan fire department all the person born Thank you, mayor. I make a motion to pass the resolution Thank you for that motion in support under discussion Here you know discussion all the person Bellinger Thank you. First of all, I would like to thank this body for Holding this until this week. I was able to attend the last council meeting so I greatly appreciate you Doing that for me. It's unfortunate that we have a couple older people persons that are not in attendance this evening, but we will move forward and Vote on this and see what happens during The discussions I've run across Numerous objections why people do not want to vote for this and I would just like to go through some of those I've got an email from one of the older men that said He didn't like the process of this the way this was done Well, the way this was done was before I brought anything forward. I went to the city administrator I went to the fire chief and I went to the union and asked if they were in favor of such a study They all were unanimously in favor of the study from that point on I worked with the city administrator the fire chief in the union to put together a scope of work that would be included in the RFP They all signed off on that they all added their own input and we all agreed that this would be the scope of work And this is what would go out for RFP so to say that You don't like the process and how this is being done. I don't know how it can be any more Upright and forthright. I did not you know bring this up Without getting the city administrator or the fire chief or the union involved I went to them before I ever did anything and got them involved got their buy-in and and came forward with this This another Objection I've heard is well, we don't follow any study recommendations. We do all these studies We why why we're gonna spend the money on a study because we never do what we what we're told anyway, you know So but we just did a study for the South Side Industrial Park And I believe this entire body adopted that recommendation from that study I think we had a Wastewater treatment study done and I think we unanimously voted to accept the recommendation for that as well So that's a false narrative too. So to say that we don't you know follow through and and do what the studies You know present themselves to us, you know, that's just you know completely not true and false And then I've heard another argument that says that by voting for this We're authorizing studies of all departments or that the new alderman think that you know Every department's gonna have a study now and do this. Well, that's just a completely ridiculous narrative as well Each study is gonna be based on its own merits if other departments require studies or some other alderman thinks there should be a study By all means, please bring it forward and and have the you know similar buy-in for what I got on this study and see if we can get it passed and if it makes sense and We would we would pass it. Well, this does not open the door unilaterally for every department to go under a study by passing this And then another argument was I'm targeting the fire department Absolutely, I'm targeting the fire department. That's what a study does a study is specific to a department or an area And we're gonna look at the fire department. We've done studies For the Southside industrial Park, that was for the city development. We've done study for the parking study You know that was for the transit. We did an a street master plan You know, that was for city development in the wastewater treatment plant the co-digestion Evaluation that was for public works all different parts of the city Departments have had studies done in the past. We've done study for the police department so to say that you know that That I've got a vendetta or something against the fire department is ridiculous I support the fire department. I Greatly appreciate the work and the service that they provide I just want to make sure that we get all the data we can and I think the data that would come forth in this study would be invaluable and would more than pay for itself from the cost of the study and Then the other Argument I've heard is that we pay our directors in our chiefs a great deal of money They should be subject matter experts and whatever they come forth We should just pass it and go with it their recommendations and you know, that's that's another argument that I've heard Well, we just passed in essence a Consultant to come in for attorney Adams and and have outside counsel Because he does not have the time or the expertise and annexation to be able to do this and that was unanimous Everybody here voted in favor of it. I didn't hear anybody say, you know what you're targeting You know, you're targeting the the attorney's office. I didn't hear the mr. Adams say, you know what I'm not in favor of this I object to this in all the other studies that we've done. I haven't had you know Chad Peleshek hasn't objected to the studies that were related to his department David Bebel hasn't you know Objected to the studies are related to his department Derek it transit, you know, he was in favor of that study as well. Nobody's objected, you know So, you know, I don't get where that argument comes forth either So I've put a great deal of work into this I think it's going to be invaluable as I mentioned to the city the data that's going to come forth in this is going to lead us for years to come in making critical decisions as it relates to How the fire department is funded at what levels how it's staffed What other grants and other revenue opportunities that are out there? What other regional cooperation there might be? the actual Accounting of the of the ambulance service if that's being done correctly if there's other ways that we can increase the revenue stream and the The the reimbursement that we're getting from the the ambulance service. So there's there's all things It's a very comprehensive study, and I would really urge everyone to look past You know their their their objections that they've had because I think I've addressed them all and and treat this like any other study that has come before us and In with the sit-in and view it in that in those terms. So with that I would recommend that this gets passed. So, thank you Thank you for those comments all the person holds you. Thank you, Mr. Mayor I just have a couple quick questions. Where is the funding to pay for the study coming from? And then I have a follow-up. This is coming from a This is coming from the general fund contingency account and does the contingency account? Is that used mostly for studies or is that for emergencies? It's for unanticipated Items that were not discussed Basically 12 months ago, and do we not in our new budget each department doesn't have like a contingency anymore We're just having one contingency for emergency purposes. Correct. That is correct Well, I'm gonna continue to stand forward and Voting no on this study, and I hope my fellow aldermen's will as well. Thank you. Thank you for those comments Is there any other discussion? Alderperson sorenson Excuse me. I got a few questions as well This this still needs two-thirds vote correct of the council correct now What if it does not get two-thirds vote we voted for a majority of the council voted for the study to pass But now it doesn't have the appropriations are the funds to move forward. So what do we do in that situation? Well until there's funds approved. We're not taking any action. Okay All the person Nelson Thank you mayor since our last meeting I had a chance to to discuss this proposal with some firemen actually retired from in that that I do know and And Put it to him bluntly with is is it pointless or is there is it good to have this study and the fire people I talked to Basically said a fresh pair of eyes can't hurt we can get some possible good data out of it and So that's why I'm gonna vote for it if the firemen afford I'm for I thank you for your comments Is there any other discussion? See none will the clerk please call the roll All the person Lee Wendalski Thank you nine years five nose Motion fails Next we'll move on to other matters received after the agenda was published city attorney 7.1 is a resolution directing a public hearing to be held in connection with Change of the city's official zoning map the property located at 35 30 lower Falls Road That'll lie over 7.2 is an ordinance emitting the city of Sheboygan official zoning map of the Sheboygan zoning ordinance to change the use district classification of property located at 35 30 lower Falls Road from class PPUD Preplanned unit development to class J MK AC PUD planned unit development Classification that it be referred to the city planning Commission 7.3 is an arrow by the city clerk submitting an application from Sean Mather of Trace birds workshop owner of property creation and preservation partners Inc. For a change in the zoning classification of property located at 35 30 lower Falls Road from class PPUD preplanned unit development to class J MK AC PUD planned unit development Classification referred to the city planning Commission 7.4 is an arrow by the city clerk submitting various license applications for the period ending December 31st 2017 June 30th 2018 and June 30th 2019 The law and licensing committee all the person will thank you mayor. I make a motion to adjourn second Thank you for that motion in support all those in favor of adjournment. Please signify by saying aye We stand adjourned. Thank you for your time tonight