 Good evening, everyone. Welcome to tonight's Common Council meeting. As always, Madam City Clerk, order of the week. Thank you. Strive for integrity. That means knowing your values in life and behaving in a way that is consistent with these values. Thank you very much. For the 23rd regular meeting of the Common Council order, please call the roll. Born. Here. Bulk. Excuse. Decker. Here. Gisha. Here. Hanna. Here. Heidemann. Here. Kittleson. Here. Cleunas. Here. Meyer. Here. Montemayor. Here. Rinflaich. Here. Ryan. Here. Zurich. Here. Van Der Wiel. Excuse. Verhasselt. Excuse. And Wongamon. Here. Thirteen present. Quarms present. At this time I'd ask Oldman Hanna to lead us in the pledge. I pledge allegiance to the flag 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. Thank you very much. Approval of the minutes, President Hanna. Thank you, Mr. Mayor. I'd make a motion to approve the minutes. Second. Motion and second. Under discussion. There being none, all in favor say aye. Aye. Any opposed? Motion carries. Minutes stand approved. Mayor's appointments. Attorney McLean. Hereby submit the following appointment for your consideration. Harold Peake to be considered for the Board of Appeals to fill the unexpired term of Brian Versey, which expires April 30, 2010. Harold Peake will join the committee as second alternate. Dale Feld will move from first alternate to full member and Robert Tim will move from second alternate to first alternate, signed by the mayor. That appointment will lie over. Confirmation of appointments. Michael Dietz to be considered for appointment to the Group Health Insurance Committee to fill the unexpired term of Patrick Dugan whose term expires on 430-09. You need a motion to confirm? Second. Motion second. Any discussion? All in favor say aye. Aye. Any opposed? Motion carries. Appointment is approved. Continue. Michael Johnson to be considered for appointment to the Wellness Committee to fill the unexpired term of Patrick Dugan whose term expires on 430-09. Sign by the mayor. Any motion to confirm? Second. Motion and second. Under discussion. All in favor say aye. Aye. Any opposed? Motion carries. Appointment approved. Todd Thone to be considered for the Board of Contractors examiners to fill the unexpired term of Andrew Hoppe which expires April 30, 2009. Todd Thone will join the committee as an alternate. Dan Donne will move from alternate to full member, signed by the mayor. Need a motion to confirm? Second. Motion is second. Any discussion? There is not. All in favor say aye. Aye. Any opposed? Motion carries. Appointments confirmed. Thank you very much. Attorney McLean. Next item on the agenda is a public forum. Madam City Clerk. Thank you. First this evening will be Henry Capitilo. If you would come up to the microphone please. And Henry can I have your home address please. Yes that's 1619 North 38th Street. North I'm sorry. 38th Street. Okay. And you will have five minutes sir. Okay thank you. I had something already prepared for you but what I'm going to do is I think I'd rather tell you about the people that we serve in the city of Sheboygan. If you recall on the 18th of this month we received a letter from the city assessor saying that our property tax exempt status was going to be taken away and that we would be paying property tax effective as of this year. Part of it was that I think that the city assessor really does not believe that we are an asset to this community that we help the low income, the lowest of the low income. I'm going to give you several stories of individuals that we have and you can decide for yourself. I'll use first names only. Darlene was an individual that came to us seeking housing. What happened is she was turned away from the housing authority which is tax exempt and which is part of the city. They would not provide housing for her because she did not qualify. She didn't have income at the time. The Salvation Army helped her. We accepted her. We provided housing. The course of the time of her stay there she ended up having a stroke. She couldn't pay her rent. We could have evicted her but we didn't. After the stroke we had her. We helped her. She came back to live at the boarding house. She was behind on her rent probably up to six months. We did not evict her then. She applied for her social security. She eventually got it and believe it or not you can probably guess where she's living now. She's living at the housing authority. They provided her housing but only after turning her away and actually us helping her. That's one case. Another one we had is a vet that basically I saw walking down the street one day and I couldn't figure out why he was walking the way he was. I asked him. I said David what's the matter? I said were you drunk? Because he does have alcohol problems. He said no. He says I can't see. I said what do you mean you can't see? He says I'm going blind. I said have you gone to the VA and he says they're telling me that I can't get help and it's going to be about two years before I can get in to get surgery. It was just cataracts. I call the state of Wisconsin. They send an individual to talk to Dave. Nothing happened. What they did provide him with was a cane and told him that once he became blind that they could help him adjust to being blind. I said that's absurd. A person that can get an operation can stop from going blind. So I got on the phone. I got a hold of the VA. I called them. I said the next call that I'm going to be calling is my congressman and my senator. And this is what I'm going to tell him that this person when he enlisted to go into the Marine Corps, I said do you think that he would have gone in if 10 or 15 years later he would have known that he was going to go blind and you wouldn't provide any kind of assistance to help? I said it's a simple operation. Well shortly after that I think it was a day later they called me. They said we've scheduled him. He will go to surgery. It's going to be about a month. Dave can see now. We had another vet that was at our place and he had alcohol problem too. To the point where he was pretty much and he also had cancer. I asked him have you seen the doctor? He says it doesn't do any good. Won't do any good because he said I'm terminal. Well what happened is I would see him and I could tell he was getting worse every day. To the point where he couldn't hardly ever even walk anymore. He had sores on his feet. His room was a mess and I finally said this is it. I called the social workers. They said we can't do anything. A social worker came there said yes this is a bad situation but we really can't do anything. I contacted the veteran's individual that works with the vets. He came down. Eventually it was between him and myself that we contacted the police. The gentleman was taken to the hospital on Friday. He passed away on Saturday. At least he was in a bed and he did not die in just such a dirty room if you could have seen it. Excuse me. Sorry to interrupt but would you like your additional minutes? Yes. Thank you. That's just some of the people that we help. I can tell you of a multitude of these individuals that we have. Now we do provide a service. We have social workers that have referred individuals that could not get housing anywhere that are in our boarding house now. We work with the Salvation Army when they need place for someone to stay. They refer them to us and they come and they're not working. They don't they don't have a job. We let them in. How many landlords are going to do that? I can tell you as of today what we have in collection is pretty much close to $100,000 that we have lost on rent for people that we have not evicted that we have helped and this is the organization that Home Inc. is. You may not like what I come to say here when I come to the council. I think part of the reason that this happened is because I am so vocal and that I do come here and speak out. Excuse me, Henry. Your minute is up. Thank you very much. Next on our list would be Wendy Schmitz. Wendy, can I have your home address please? 25 Hine Avenue, H-E-I-N, Plymouth. Do you want to pull the mic just a little bit closer to Wendy so everybody can hear you? Go ahead. Marge will let me know if she can't. It is with great pleasure that I present the annual report from the Senior Activity Center tonight. We had an amazing year. You have the report in front of you, so I will just point out the highlights. In 2008, we had 32,342 visits to the center. That is 1,600 visits more than the year before, nearly 5,000 visits more than 2006. When you consider that many of our participants move into assisted living units, no longer can get out or unfortunately pass away, that is considerable growth. We're growing at approximately 20 new people a month. Since the Friends of the Senior Activity Center hired a part-time volunteer coordinator, we have consistently seen 195 volunteer visits a month. 6,763 hours were donated last year. If those people were paid minimum wage, they worked the equivalent of just under $44,000. The Friends organization administers all of the program funding at the center. Participants paid over $24,000 for their programs and activities. Through fundraising efforts, individuals and businesses have contributed a further $13,000. Staff and volunteers conduct 38 different programs every month. Lakeshore Technical College started community education computer classes on Thursday evenings. My staff responded by offering to teach evening art classes, wood carving, and line dancing to accommodate younger, busier seniors who still work. When the mayor put out an appeal to save the Memorial Day Parade, our staff responded. When Alderman Corey Bauch asked for volunteers at the Spaceport Pilot Project, our seniors responded. When the City Clark appealed for help to get out a record number of absentee ballots, our seniors completed the project in record time. When residents of the city, the state, and the country bemoaned the fact that our money was worth less than ever before, my seniors suggested that we charge everyone an activity fee of $1 a month, which would provide us with at least $6,000 a year. They have formed a fundraising committee and have sold baked goods to visitors who come to have their taxes prepared by our senior volunteers. They've raised over $200 in just two weeks. We collaborated with two rivers to offer day trips, share expenses, and their profit. We worked with the county and for the first time since 1989, we are receiving a monthly stipend toward utilities. We offered a breakfast for the brain curriculum, which was so popular we had to add additional afternoon sessions. We now offer a wee system and with our big screen and sound system, it really feels like a bowling alley. We won an award for our cable TV show. Seven people went to Italy in November, 10 people are leaving for Beijing in a few weeks, and I look forward to the commission check. The mayor recently said that our place is a happy, busy, bustling place. In fact, the only complaints we receive are that there is nowhere to park and that there is not enough room for all the programs we want to conduct. We are bigger and better and yet stayed within budget. Our seniors don't whine about wanting the city to provide more. They are responsible and resourceful. They want your support and your guidance in planning for the future. We want to be ready for the largest group of retirees this country has ever known, the baby boomers who started to retire in 2006. Our seniors aren't in rocking chairs, but as the community learned from our music festival last July, we can seniors rock. Thank you, Wendy. Next on the list is Gary McMullen. Gary, if you could come up to the front mic, please. Gary, if you want to move the mic up a little, it will give you. I need your home address. It's N1552 Lynn Road, ADEL. Lynn Road, LYNN. You will have five minutes served. Thank you. I'm not prepared like everybody else. I came because I have a business on Indiana Avenue and that's my concern tonight. Until I get the letters from the city, I don't know where about the 25% that we have to pay towards redoing the surface of the street all to the center of the road. I wasn't aware of that because most of the cities, I went to school in Plummouth and I mean my brother works in Plummouth and they take care of it right up to the curb. I talked with Jean and I talked with Bill and they explained to me that years back I guess the city passed this resolution that okay everybody's going to pay 25%. Me never living in the city. I thought that was a little unfair because I'm paying 25% of something where everybody's going to be using it. I think this should be spread out over the entire tax base, not just people from 14th Street up to 17th Street or whatever street you happen to be doing at the time. The other concern I had and I talked with the engineers was project cost because I realized this was probably cut and dried two years ago, maybe three years ago because you have to plan ahead for everything. Right now I'm sure if you went to contractors, there's a lot of people out there just looking to do work and I'm sure it could be done for a lot less by guessing you cannot renegotiate this because it's a signed contract. With that thought in mind, I talked with Jean and I said you know if you could give us a tax break, give us some kind of tax break because right now when we shut down a street, we rely on business, rely on traffic, it's not going to be there. They say okay, I can come in through the alley but there's only two of us that really have access to the alley. That'd be myself, the Laundromat and Bourbon Street. The music store, the stitchery shop, they have a big fence back there that people can't crawl over the fence. They can't get to their places. So just looking at the economy the way it is, I mean nobody's making money hand over fist anymore. We're struggling just to stay alive and it is a burden. One of the other things I've thought red was you know if you can't afford it the city is going to extend you alone at 7% interest. I'm thinking why do they have to make money on this and on top of everything else. So to me it's a burden plus now we got to pay the city for the burden and it's it just doesn't seem fair. So I'm looking for any assistance that anybody can put in and say okay listen these are not normal times we're going through. I read in the paper where you want to bring new business in the Sheboygan. I sure like to keep the old businesses alive and afloat and keep them going because I think that's what killed 8th Street years ago. We decided to bring in these malls and everything else and everything you've spread out and it's like we don't worry about the old businesses we want new business. Well the old business is what built Sheboygan to begin with. So that's basically what they have for tonight. Thank you very much. Excuse me. Next on the list is Carter Paulis and Carter can I have your home address please? 414 Erie Avenue. And you will have five minutes sir. Thank you. Good evening to all. On Christmas Eve of 1936 two months before I turned seven years of age I received the next morning a wonderful surprise. My dad had worked hard and bought me an American flyer train. And that's when I had my first interest in trains and having fulfilled all of society's obligations and priorities and finally was able to retire. Around 1988 or 89 I was looking for a railroad group to become a member of and I came upon a group here in Sheboygan and this is what this is all about. The Sheboygan Society of Scale Model Railroad Engineers Limited has been serving our community for 32 years. Practically all youthful and sharing groups along with its citizens in Sheboygan have enjoyed and used our society's services over those 32 years as outlined in our letter to the city assessor. In order to satisfy legal requirements for our 501c3 status as outlined in our constitution and bylaws we use the words as shown in our purpose for our existence all of which the city has on file. We are primarily a historical and technical society and have become a repository for materials in those two categories and service our community in these two categories. That is the exemption status we have been given by the city for all these years. This is just one of the ways that societies throughout our country satisfy legal requirements for their existence so they may continue to devolve all of their energies to service to the community. Nothing has changed in law or in the assessor's state manuals regarding our particular classification. Assessors have stated in Sheboygan from the beginning that there is no reason legal or moral why our status should be denied. But a recent assessor's meeting with unknown motivations decided on in our opinion vague grounds to go after 10 of our local organizations and deny them tax exempt status in order to gain further revenue. We as a society do not have the wherewithal to fight this any court of law or a state all of which is available to us. We can only appeal to you on moral grounds of service to our community. Society continues to enrich itself and the community with higher interests pursuits and protections of its heritage. We ask you to let us continue our efforts even in these difficult times. Otherwise we really will have to close our doors. Thank you very much. Thank you Carter. And last on our list would be Joanne Scribner. Joanne if you could come up to the front please. Joanne if you could give me your home address. Three Seneca Trail Sheboygan. Okay and you will have five minutes. First of all thank you Mayor Perez and Sheboygan Common Council again for another chance to speak to you tonight. My topic tonight is the as Mr. McMullen was talking about the the assessment on the work on Indiana between cell 14th and cell 17th Street. Sheboygan Press Wednesday February 25 09 panel won't drop assessment for street work. The Sheboygan Common Council is wrestling with ways to try to make the high cost of specialist street assessments more palatable to property owners but it's unlikely that Alderman would consider repealing the city's long-standing ordinance of requiring people who live along a street schedule for road work to help shoulder the bill. Several neighbors who are facing assessments of several thousand dollars for work to be done on Indiana Avenue have complained to city officials that they can't afford to pay the bills. The one point twenty two million dollar project to rebuild Indiana from 14th to 17th Street starts in the spring and 39 property owners have received assessment notices. The preliminary cost estimate for the assessments is $80 a linear foot. At Monday nights finance committee meeting Alderman talked about creating a fund to help homeowners in financial need pay their assessments and there's also a proposal to lower the interest rate for people who work out a payment plan with the city. However the committee voted unanimously to file a resolution supported by the Public Works Committee to repeal the special assessments for the Indiana Avenue project. The Common Council is expected to take up the issue as next meeting on March 2nd tonight. I cannot see how this will pass council because it would be so unfair to everybody else in the city said Alderman, Maryland, Montemure. Finance committee members said they sympathize with those getting socked with the big bills in a top economy but said residents all over Sheboygan have been paying special street assessments for decades and it would not be right to change the ordinance for those living on Indiana. It's tough to just cherry pick one or two spots where you don't do it consistently because that hurts all the rest of the people who play by the rules. Gisha said we want to be sensitive and we want to help but repealing is not the answer. Officials said it would be difficult to shift the cost of street assessments to the city's overall tax level because it would force everybody's tax bills to jump higher than allowed by state law. It may also hamstring the city's ability to fix streets. Your constituents are going to be screaming when they see their tax bill the next year city attorney Steve McLean said the finance committee is considering lowering the interest rate for people making payment plan arranges with the city from 7% to a figure 1.5% above the city's general obligation bond interest which last year stood at 3.4% which would make a big difference to Leroy Jacket and Donna who own Westside Bakery 1420 to Indiana of the lower interest rate. Gisha started suggested a $50,000 fund to help people who need help. Alderman Jean Kittleson said that although the resolution supporting the repeal of the assessments was indoors it was never meant to actually rescind them but to suspend them until the city looked at different options to help the neighbors. We're not going to get rid of the special assessments in the city that has to stay she said has to stay. I don't know why we have to have assessments. Who is the city? The city is the taxpayers. Everybody in the city probably uses Indiana between 14th and 17th Street every single day. You have to use that street to go to Westside Bakery and get a donut or a cake or you have to go maybe use it to get to the center UWS or Lutheran High or Kohler Company or place in Kohler. Everybody probably uses almost all the city streets almost all the time so I don't and I have not taken Taxation 101 so I don't know all the state codes and the city codes on how to tax but I would suggest that why don't instead of assessing those people in that area just repeal that ordinance that has been on the book for how many years now I don't know when did that ordinance even come on the books just spread it all over the city. Every taxpayer that way you don't have people who are you know assessed a million dollars for their particular stretch of street and someone else has assessed $100 for their particular stretch of street that's not fair so I would suggest get rid of the ordinance repeal that thing and spread the bills all over the city to every single taxpayer because every single taxpayer probably uses all the streets almost all the time and those businesses like Mr. McMullen over there they need some breaks and I don't think they should be forced especially if they're older on Social Security they're in their 70s or 60s or whatever they are it's not right you need your extra minute I do thank you okay go ahead so they shouldn't I don't think that those people should have to be forced to pay a special fee I think it should be spread throughout every single taxpayer every single driver adult driver who is a taxpayer property owner in the city looks like Carol Guy is concerned about that too because she says that the ordinance should be repealed because it is unfair to retirees on Social Security and those on busily busy heavily traveled streets and don't forget a lot of semis go on Indian Avenue and not a lot of semis go on the residential areas so last point we need a zoo we need a museum that's actually fun to go to we need a roller skating rink that's full-time and if we don't get some fun stuff in Sheboygan people are gonna go say bye we're gonna Branson we're gonna have a good time thank you very much thank you that's it thank you all those that address the council tonight next item on the agenda is six hearings I will read each one and then ask if there's anyone that would like to address the council with respect to any one of those six if you wish to do so please specify which one first hearing is to rezone property located at 605 South Wildwood Avenue from class SR 5 suburban residential to class urban industrial classification second hearing to repeal and recreate the city of Sheboygan's floodplain zoning ordinance be an appendix a to the Sheboygan municipal code the third hearing for the proposed assessments for water lateral replacements and north fifth street from Center Avenue to New York Avenue the fourth hearing for the proposed assessments for water lateral replacements in 502 and 504 Pennsylvania Avenue and 616 North 6th Street the fifth for the proposed assessments for water lateral replacements in New York Avenue fourth fifth Street fifth Street to New York Avenue to Wisconsin Avenue and 610 North 6th and then the finals and 6th hearing for the proposed assessments for water main installation in North 5th Street from Pennsylvania Avenue to Center Avenue is there anyone that would like to address a council with respect to any of those sir would you please come up to the podium sir can you tell me which one you would like to talk about yes I'd like to talk about the number one the first one I need your name my name is Tom Clark Tom Clark I live at 612 South 22nd Street South 22nd that's correct go ahead I have bought the property that's at 605 South Wildwood Avenue and I oppose the rezoning I agree with the decision by the Planning Commission to not rezone it basically for the reasons they stated that it would adversely affect the properties the single-family dwellings at this at this location and that it doesn't fit the neighborhood the neighborhood is all residential I would like to keep it that way so that we'd like to have it stay the way it is and follow the Planning Commission's recommendation thank you thank you thank you is there anyone else who would like to address the council with respect to any of the six hearings is there anyone else is there anyone else president Hannah thank you mr. Merritt make a motion to close the hearing second motion and second to close hearings under discussion there is none all in favor say aye any opposed motion carries consent agenda 23-1 to 23-19 thank you I wanted to say a few words even though it's on the Consent Agenda tonight I wanted to say a few words about document number 23-19 which is an ordinance that I that I crafted and I want to give the people at home a little background on it back in November in the November election down in Milwaukee there was a group that brought forward a direct legislation referendum and a direct referendum legislative a direct legislation referendum that passes automatically becomes enforceable by the by the city council automatically they don't even have a vote on it the referendum in Milwaukee back in November asked the question and I don't have a verbatim that went something like this it asks the citizens of Milwaukee would you favor your employers having to pay you paid sick leave whether you were full or a part-time employee of that company or business and not surprisingly it passed overwhelmingly with about 70% of the vote Mayor Barrett opposed the law the majority of the Milwaukee City Council opposed the the referendum the equivalent of the Milwaukee Chamber of Commerce and all the business organizations the referendum passed and is now in the courts and it is a business and job killer for not only the city of Milwaukee but any other city in Wisconsin that has a similar referendum if it if it would come to fruition the the the referendum I'm sorry the ordinance that I crafted for the city of Sheboygan follows a similar ordinance ordinance that was passed in the city of West Alice back in in December preventing a municipality from imposing wage and benefit requirements on its private business employers a number of other suburbs of Milwaukee there's I believe so far Brown Deer has approved an ordinance like this West Alice South Milwaukee Franklin Wabatosa Oak Creek Greenfield St. Francis Cuddehyde and Glendale and I wanted to bring this forward as a proactive proactive action for our local businesses here in Sheboygan what's happened in Milwaukee is that a number of businesses who lease property in the city of Milwaukee as a result of this of this referendum if it goes through are not going to renew their leases in Milwaukee are not going to be moving to suburbs a number of companies have reduced their vacation for example if you have three weeks of vacation many companies have reduced the vacation for their employees down to two weeks one long time business in Milwaukee Heinemann's restaurant they've been in business for 30 years in Milwaukee recently closed their door because of some debt issues but the owner of that company said that the straw that broke the camel's back was the possibility of this ordinance getting out of the courts with a favorable recommendation in Milwaukee and they simply said we cannot afford to have our part-time employees call in on a minute's notice and require paid sick leave and how are we supposed to run our business so I brought this forward as a proactive measure for the city of Sheboygan and as we go into the future this governing body in the city of Sheboygan if this ordinance passes tonight will not be able to impose any salary or benefit requirements on private businesses in Sheboygan thank you did you make a motion already to no would you please sure thank you mr. Mayor I'd make a motion that all ROs be accepted and placed on file and all RCs be accepted and adopted second motion and second on the consent agenda 23 1 to 23 19 under discussion there is none please call Boren Decker Yasha Hanna Heidemann Kittlesen Clioness Meyer Montemayor Rinflaich Lyon Sirich Longerman 13 eyes motion carries communications and petitions 23 20 to 23 22 to be referred report of officers to 23 23 will be held for 22 20 23 24 will be held for 23 39 23 25 to 23 36 to be referred resolutions introduced 3 23 37 by old man Gisha Hanna authorizing the city of Sheboygan's participation in the Wisconsin small cities community development block grant emergency assistance program is there a second to that any objection to suspension yes we have a time limit there's a possibility to receive some additional funding if we need an application deadline there's a motion is second and then I need a motion to put the resolution upon his passage motion and second under discussion there's none please call Decker Gisha Hanna Heidemann Kittlesen Clioness Meyer Montemayor Rinflaich Lyon Sirich Longerman and Boren 13 eyes motion carries the next item 23 38 we're going to pull forward 23 53 I think Sue's playing a little game here with me I swear I'm not if you look on page 9 23 53 I need that acted on first oh my gosh would you make a motion hold on hold on hold on it 23 53 that has your name on it so okay thank you move that the resolution be accepted and adopted motion second under discussion and I and I'm asking for suspension of the rules with an explanation please okay there's a second to that any objection to suspension please explain stand corrected resolution upon its passage thank you for the clarification okay I'm asking for suspension of the rules and there's no objection thank you the this resolution has to do with the ice damage that has taken place down at the marine of this winter it is substantial we've never seen anything like this the idea for suspension has to do with with the with the timeliness of boats are going in at about 45 days here and to get the work done and we're also asking that we authorize into a contract with one company and that was the company that built the docks to begin with floating dock systems incorporated in other necessary ancillary services very good thank you oh my eyes your light was on did you speak that was just to put the results on thank you okay on 23 53 the motion is to put the resolution upon its passage any more discussion on that much present born thank you honor Alderman Guesha maybe you could clear up for the public that these this monies that are being spent to repair these docks are not tax dollars and I believe they come out of some kind of a fund if you could clarify that please thank you excellent point Alderman born thank you we're talking about $250,000 which we think will be enough but we don't know obviously there's a fund called the marine and harbor fund and we have a marine and harbor commission that we're kind of combined the monies in that fund is what we use to build that that that boat dock that can't leader boat dock for all the for the boat shows and that lower boat dock by blue harbor last year it's the same fund we're talking about here the monies from that fund flow into it from the boaters from the dock fees along the river and all the ramp fee dollars flow into this fund so in this case you're absolutely right Alderman born there are no general fund dollars going into this it's boaters paying for boaters expenses thank you okay on 23 53 please Gisha Heidemann Kittleson Clioness Meyer Montemayor Rindfleisch Ryan Zurich Wangeman Warren and Decker 13 eyes motion carries 2338 Alderman Gisha Ryan authorizing the repair and reconstruction of the harbor marina docks damaged by the ice during the 2008-2009 winter season which is what the explanation we just heard real refers to we need a motion to suspend all mckittleson did you wish to do this well is this document 2038 Alderman Gisha you do the honors thank you I ask for suspension of the rules as previously second second any objection there is not need a motion to put thank you and move that the resolution be put upon its passage motion and second under discussion there is none please call Hannah Heidemann Kittleson Clioness Meyer Montemayor Rindfleisch Ryan Ryan thank you Zurich Wangeman Warren Decker and Gisha 13 eyes motion carries 2339 Alderman Kittleson Clioness Decker authorizing entering to the contract for the public boat launch improvements at the land park Alderman Kittleson need to do you need to do 23 24 except in file first thank you Meyer let's document 23 24 I'd move that this arrow be accepted and placed on file there's a second motion and second any discussion there is not all in favor say aye any opposed motion carries now we do 2339 and you need a motion I would need to make a more would like us to suspend the rules on this as well their second any objection with an explanation here I'll reserve my right to object with an ex without hearing explanation first on Kittleson please explain sure explanation being that we're on a time schedule with this as well there was some grant money that was allotted for this project that grant money needs needs to be used by June 12th also the project would they'd like to get started on it as soon as possible so that the when the boating season is here that we're not working on those concrete pads at that time sooner that our city engineer can get going on that the better off will be the summer season so thank you very much any further discussion there is none let's call roll Heidemann Kittleson Cleanness Meijer Montemayor Rinfleshe Ryan Sirak Wongaman Lauren Decker Gisha and Hannah 13 eyes motion carries 2340 and 41 lies over 2342 through 2346 to be referred report of committee 6 2347 to be referred reports of committee 7 2348 by law and licensing recommending revocation of alcohol beverage license number 2521 held by bureau culinary schools LLC upon the common counsel's acceptance of the attached findings of facts vice president born thank you your honor this has to do with the establishment called milk owned or owned or formerly owned by a Marcel bureau and at last last Tuesday's law and licensing committee meeting we had a quasi judicial hearing set up for Mr. Bureau to come in and tell us why he was in violation of the continuation of business ordinance what that means is that when anybody holds a liquor license in Sheboygan if they first of all if they get a liquor license they have to go into business within six months then for some reason if they close and they don't reopen within six months then we would call them in and ask them why they haven't been open for six months and if they can't give us a satisfactory satisfactory explanation the law and licensing committee and then the council has the power to re suspend or revoke that license well mr. Bureau apparently is now working in fondle act and living in fondle act and he was served served papers to appear at last Tuesday nights along licensing meeting and mr. Bureau failed to appear and present any evidence in his defense so as a result the committee voted unanimously to revoke his liquor license I need a motion to accept and adopt though a motion to accept and adopt the second motion and second any more discussion please go kittleson kleanness meyer montemayor rinflash ryan suric wangaman boran hi decker gisha hannah and heidemann 13 eyes motion carries 2349 by finance recommending filing resolution number 210809 to repeal resolution number 190809 related to special assessments for repayment of Indiana Avenue from South 14th Street to South 17th Street Alden Gisha thank you your honor I move that the RC be accepted and adopted motion and second under discussion there is none please call roll Kleine is meyer montemayor rinflash ryan suric hi wangaman boran hi decker gisha hi hannah heidemann and kittleson 12 eyes one no motion carries 2350 by law and licensing recommending denying beverage operators license number 8141 based on the applicant's record of violations related to the license activity which makes the applicant ineligible to hold the license until January 7th 2010 vice president borne thank you your honor is Amanda white in the audience tonight should not hear your honor very well please proceed miss white was the was the applicant who appeared before the council at your meeting two weeks ago and the council referred this back to law law and licensing to take another look at this and what makes miss white ineligible for the license and we cleared it up we clear we're able to clear clear it up in her minds in our minds was the four violations that she has that are related to the license activity is not a sheboygan statute it is a wisconsin statute so even if this even if this council decided to grant her a license madam city clerk and her office would not be able to issue miss white a license because of the four violations that she has that are related to the license activity it's a state statute so we have we can't give her a license because of the state statute now three of the three of the violations will be expunged from her permanent wreck criminal record in January of 2010 and at that time if she we instructed her that if she wants to come back and talk to us next January that we would take a look at granting the license not having the bartender's license does not preclude her from working she can work at the establishment where she's working except that she cannot work alone and she cannot close the establishment otherwise she can still work although at this time because of the state statute we're unable to to grant her the license so I recommend that the report of committee be accepted and adopted motion and second under further discussion there is none please call it all Meyer I'm sorry I Montemay or Rin Flesch Ryan Sirich Wongamun Boren Decker Gisha Hannah Heidemann Kittlesen and Clioness 13 eyes motion carries on this is introduced 10 2351 lies over 2352 will be referred matters laid over 11 2219 or number 3960809 by the city plan Commission recommending repealing and recreating the cities of Shebaughin's floodplain zoning ordinance ordinance be an appendix aid to the Shebaughin's municipal code all of them in Montemay or thank you your honor I moved to accept and follow the arrow and the ordinance be put upon its passage motion and second under discussion there is none please call roll Montemay or I Rin Flesch Ryan Sirich Wongamun Boren Decker Gisha Hannah Heidemann Kittlesen Clioness and Meyer 13 eyes motion carries 2220 or number 3970809 by the city plan Commission recommending that the property located at 605 Wildwood Avenue not be re-zoned from class SR5 suburban residential to class urban industrial classification I need a motion to accept and file and to accept in file 2323 also thank you your honor said those words again because that's exactly what I want to do in motion to accept accept and file and put the order file the ordinance and also accept and file 2323 is that your motion yes it is very good there's a second any discussion there is none please oh I'm sorry I'm going to thank you your honor just a question of this is a recommendation not to rezone we recently rezone some property in another part of town can I have some answer or explanation from the Commission as to why you did not want to rezone this one thank you thank you could we have mr. Salkalovsky speak I'll open the floor for mr. Salkalovsky motion and second any discussion open in the floor all in favor say aye aye any opposed motion carries mr. Salkalovsky please come up podium for thank you evening Mayor Common Council that's an excellent question because we were just here the other day and we were rezoning another parcel on broken Drive and we were recommending favorably for that particular parcel and the reason for that was it was utilized commercially it was in an area that was going to have a commercial zoning a little bit less intense in a residential neighborhood in this particular case what we're looking at is taking a residential property and zoning it to urban industrial and we don't have any idea what the proposed user is in essence they're just coming in to put a vacant undeveloped parcel and have it zoned urban industrial and our concern is that there's several residences directly on the east side of this property so whatever use eventually is going to be on this property is going to impact those homes so the idea was we felt that the urban industrial without a specific use is too intense of a use right now and it's not to say that the plan commission would totally object to any particular zone there may be other zonings that have less intense uses that might be okay there but in this particular case we didn't believe it was the right zoning and there were other areas in the city where there's urban industrial lands already available okay the applicant in that instance I chair that commission the applicant was perfectly all right with the with the decision because not even he knew what he wanted to put there yet so the doors wasn't shut on him it was just when you find out what you want to put on there come back okay we are on 2220 please call a roll rim flesh Ryan Sirich Longamon Decker Gisha Hannah Heidemann Kittleson Clioness Meyer Montemayor 13 eyes motion carries 2237 resolution number 205809 by Alderman Gisha Clioness Balk and Montemayor authorizing a transfer of appropriations in the 2009 budget established in revenue and appropriations for loan from a lion energy to replace high pressure air compressor at the wastewater treatment plant thank you your honor I move that the resolution be accepted and adopted motion that the resolution be put upon its passage I apologize motion and second under discussion as an explanation if anyone's curious we seem to do this every year with a lion they give you a favorable loan term for a piece of equipment that the savings on energy for that piece of equipment pays for your loan okay any more please call a roll Ryan Sirich Longamon Decker Gisha Hannah Heidemann Kittleson Clioness Meyer Montemayor and Winfleich 13 eyes motion carries 2238 resolution number 206809 by Alderman Gisha Clioness Balk and Montemayor authorizing the appropriate city officials to enter into a shared savings program service agreement with the lion energy Alderman Gisha thank you your honor I move that the resolution be put upon its passage motion and second under discussion this is the companion document to the item we previously just voted thank you any more discussion there is none please call a roll Sirich Longamon Born Decker Gisha Hannah Heidemann Kittleson Clioness Meyer Montemayor Winfleich and Ryan 13 eyes motion carries 2239 resolution number 2070809 by Alderman Gisha Clioness Balk and Montemayor authorizing appropriate staff to take the necessary actions to issue a request for proposals for cleaning and custodial services for the new police department via contracted services and an existing personnel to continue the service not to extend beyond May 1st 2009 Alderman Gisha thank you your honor I move that the resolution be put upon its passage motion and second under discussion I'd like to offer an amendment to the resolution please okay in the first sentence where you see the term and therefore and and every time it's noted thereafter under request for proposals I'd like to amend that to request for information it's a vehicle in RFI is different than an RFP and our purchasing director suggests we use an RFI in this case which is a little quicker method of getting a snapshot and a temperature of of what we can expect for fees and and then we would then follow an RFP procedure with with specifics on it the second amendment I'd like to make is under the first whereas it currently reads whereas the city council has determined to utilize contracted services I don't believe we have determined we've to utilize contracted services I think we so I would like to change the word utilize to explore contracted services I think that's more in the spirit what the council discussed so it will read then whereas the city council has determined to explore contracted services and the final item I'd like to address is on the one two three fourth whereas and this is in conjunction with the previous amended word it currently reads whereas a contract for cleaning services will be in place approximately the beginning of May I'd like to change the word will to may be in place because we won't know obviously until we get the the information back and review it and in everywhere you see RFP changing to RFI and I've supplied the city clerk with those items for a second to that amendment second under discussion on the amendment only only kidson on the amendment thank you mayor that that's wonderful I'm so happy that Alderman Guesha made those changes because I think that makes it much clearer thank you very much thank you on the amendment then we will call the vote all in favor say aye any opposed motion carries now I need a motion to put the resolution upon his passage as amended motion and second under discussion oh man Ryan thank you mr. mayor we have to be careful of here and that is exactly what these cleaning personnel are going to be doing at the police department and the only reason I say this is I was in officer Todd Preby's office a couple of weeks ago and as we came around the backside of the building to go to his office one of our present personnel Department of Public Works the DPW personnel that does the cleaning there was coming out of his office he just got done cleaning it and as I'm sitting in his office talking to him I'm looking up at a dry erase board he has on the wall and it basically is all of the NAD work that they're doing on garbage picks etc. throughout the city which is his neighborhood policing anti-drug work and this is all up on his wall for me to see and for anybody else that is cleaning his office to see so we have to be careful on outside cleaning services exactly if the proper security is there to allow outside services to come into the police department please we have right now the the personnel we have right now do have background checks they are authorized to be there so just so we keep this in mind moving forward in the future thank you thank you all the nation thank you your honor I'm in full agreement with Alderperson Ryan that's why item one under be it further resolved is all contract personnel entering the building must submit and successfully pass a comprehensive security and background check to the full satisfaction of the chief of police thank you okay we do have a motion to put the resolution upon its passage as amended please call the roll Wongamon, Warren, Decker, Gisha, Hannah, Heidemann, Kittleson, Cleannis, Meyer, Montemayor, Rindfleisch, Ryan, Sirich, ThirteenEyes, Motion Carries 2250 resolution number 280809 by Alderman Montemayor, Sirich, Decker and Meyer establishing the salaries for certain non-represented positions in the Department of Public Works Alderman Montemayor thank you your honor I move the resolution be put upon its passage motion and second under discussion all in Gisha thank you your honor could there just be some explanation as to what we're doing I I admit I should have called you ahead of time it did not thank you I think the resolution pretty much speaks for itself it is about the reorganization of the variety of supervisors and this sets the salaries of those reorganized people in its budget neutral it does not add ask us for any further money does and does that answer your question thank you okay there's no more discussion the President Barron thank you your honor I just had a question now it says that these are these are non-represented non-represented positions were these were these promotions that were made from people that were in represented positions and then these are promotions and now they're non-represented thank you again your honor and I don't remember if any of them were union people before or not but probably Mr. Bittner would know exactly if they were you want that answer Bill please come up the positions that are in here represent changes that were in that reorganization that the council approved some time ago it's the same level of supervision we had last year but in that reorganization in the process we've had two people choose to retire and therefore they will be promoted we've committed to promote from within and therefore there are some promotions in here that represent promoting from the bargaining unit into managerial positions I believe two of them are thank you thank you bill okay on 2250 there is a motion to put it upon put the resolution upon his passage please call the roll born Decker Gisha Hannah Heidemann Kittleson Clioness Meyer Montemayor Rinfleshe Ryan Sirich Rangaman 13 eyes motion carries 2354 a resolution by our man Gisha authorizing the issuance of a request for qualifications for labor services to assist the city through the collective bargaining strategy development and negotiation process for the successor labor contracts to the current 2007 2009 contracts only Gisha thank you you honor I move that the resolution be put upon its passage second motion and second under discussion thank you it this is in response to some requests at our last council meeting you'll note that we're using a different type of vehicle here as well for council information we're asking for a request for qualifications which is different than an RFP different units we use an RFI before our new city purchasing agent our shared person with the county is making some of these requests and it's a really good idea it not only takes into account the financial aspect but the experience level it's like you don't want to go to the cheapest heart surgeon in the world so it kind of melds the fact that sure you want to save as much money as you can but you do want somebody who's is not going to roll you out in a gurney so that's what this is meant to bridge any further discussion there is none please call roll Decker, Gisha, Hannah, Heidemann, Kittlesen, Kleinis, Meyer, Montemayor, Rindfleisch, Ryan, Zurich, Longerman, and Born, 13 eyes. Motion carries 2355 the resolution by Mungisha, Hannah, amending resolution number 120809 approving the 2009 2013 capital improvements program for the city of Sheboygan. Thank you your honor I thought I would pawn this one off on older person Hannah. Thank you so much I'll be Gisha. First I need to suspend the rules. Second. That's motion and there's a second. Any objection? The objection is coming unless you explain. Yeah I'd like to explain that we're really, Eisner cannot because of a state situation Eisner cannot start until 2011 so we're freeing up some money that was originally earmarked for Eisner and it's going to go to the flood area on was it New York and fifth on that so it's just it's a timing situation where we need to allocate resources. Okay there's no objection I need a motion to put the resolution upon his passage. I'd make a motion to put the resolution upon his passage. Is there a second? Second. Second. Under further discussion. They're all in the Rindfleisch. No? Please go to rule. Gisha, Hannah, Heidemann, Kittlesen, Kleinis, Meyer, Montemayor, Rindfleisch, Ryan, Zurich, Wangeman, Boran, and Decker. 13 ayes. 22.55 which is dead right. 23.55. 23.56 a resolution by Norman Gisha Montemayor, Baup and Boran authorizing a transfer of appropriations in the 2009 budget. Advanced funds to the 2009 capital improvements projects for the fifth in New York Avenue construction contract. Advanced being repaid with the borrowing in April 2009. Alderman Gisha, Alderman President, Hannah, I think you're gonna bum that one on you too. Please. Okay. Thank you, Your Honor. I'm gonna once again this evening unfortunately ask for suspension of the rules. Is there a second? Any objection? There won't be unless you. Withholding the objection until explanation. The explanation as noted is we need to advance some funds into the project until we do our bonding and then the money is going to come back in with interest back. So we got to get going on the project. It's kind of a due to and from deal in one pocket and back in the other. So if there's no objection to suspension I will ask that the at the resolution be put upon its passage. There's second motion and second under further discussion. There being none please call the roll. Hannah, Heidemann, Kittlesen, Kleyunis, Meijer, Montemayor, Rinflesch, Ryan, Zurich, Wangeman, Boran, Decker and Gisha. 13 Ayes. Motion carries. 2357 will be referred to special committee on risk management. 2358 resolution by Alvin Gisha, Boran, Bauch and Montemayor designating the finance department as the city's repository for all grant requests and applications related to the American Recovery and Reinvestment Plans programs and other programs created from the federal stimulus package. Alvin Gisha. Thank you, Your Honor. I move that the resolution be put upon its passage. Motion in second under discussion. If I could explain what we're trying to do here is if you go on the the website for this new federal so-called stimulus program you'll see that there's even under the state website and so forth you can apply for funds for fire, police, DPW projects, emergency government, public works. Just a myriad of different things. We've got a myriad of different departments. Some of these expenses and projects would have trailing expenses, meaning it's not just one lump sum and you pay for it and you move on. You got long term trailing expenses ongoing. In other words, every year that same expenses every there and that has to be accounted for at least planned for somehow. So this resolution makes the finance department kind of the repository or the funnel, the end of the funnel for all these different departments to funnel their requests through. Otherwise it's kind of difficult for finance is supposed to keep track of these trailing expenses and doing budgeting in the future. They have any idea what anybody's applying for. So that's the spirit behind this. Thank you, Mr. Mayor. I'm just encouraged everybody to support this. I think it's very important. It's very important for Sheboygan and every community throughout the United States to set something up like this. Because one time money that generates future expenses needs to be carefully managed. So I'm, I'm real pleased that all of them in Gisha brought this forward. There's no more discussion. Please call the roll. Heidemann, Kittleson, Cleonis, Meyer, Montemayor, Rinfleisch, Ryan, Zurich, Wangeman, Warren, Decker, Gisha, and Hannah. 13 ayes. Motion carries. 2359 goes to public protection and safety. 2360 goes to public protection and safety. Other matters? Attorney McLean. 2361 is an R.O. by the city clerk submitting various license applications for the period ending June 30, 2009 and June 30, 2010. It goes to law and licensing. Get a motion to adjourn. President Hannah? So moved. Motion second to adjourn. All in favor say aye. Stand adjourned.