 But just keep that in mind when we're going through the budget process if you have any ideas Please step forward with them on how we can make this More acceptable to the community and how we can address the anywhere from 700 to two million dollar cut Appreciate it. We do have that list of Ideas what you brought forward Mike. I think we still have that copy correct That the council set forth last year so we can work off that but if there are any other The ideas that you have to save the city money and to make these adjustments more palpable, please Bring them forward finance will be a very very busy committee this year and so will strategic and well Just about every committee is going to be very busy with the budget adjustment so Just so you keep that in mind also Alderman Warner Would you like to address the council for a moment before we get started, please? Sure, I would just like to make the council aware and the public aware that there will be a benefit brought fry for Nathan there He's a missing young manager boy, and he's also my nephew and there will be a benefit brought fry at the Elks Club 299 at 1943 Erie Avenue on March 1st We're looking at Hamsters potato salad beans and all the good stuff that goes with it donations are welcome There'll be a DJ there. That's donating their service DJs D&J DJ service believe it or not rhymes very good with itself, but If you could attend or you already want to make a donation, we would appreciate it It's all going towards a reward fund and hopefully Nathan will be home soon. Thank you. Thank you Okay Okay With that we'll call the 22nd regular meeting of the comic council order that would you call the roll, please? Bowman D. Berg Eberg Doyle Manny Moody Perez ports Schultz Stefan excuse D. Van Akron T. Van Akron Vanderwheel Longamon Warner Wieninger 15 present Quarms present Alderman Van Akron Thank you, your honor. I would move that we accept the minutes of the previous meeting as entered on the record So we move to second that we accept the minutes of the previous council meeting under discussion Hearing none all in favor opposed Motion carried Pledge of Allegiance this evening Alderman Manny we do have a Boy Scout back with us correct Leo what troop are you from? Okay What he'd like to lead us in a pledge this evening, I thank you Alderman Manny for Going to the next next meeting Move it here to be closed Confirmation of appointments I was slayed over from the last meeting Peter Streisik as alternate member on the board of contractors examiners term to expire April 30 2004 signed by the mayor and that can be confirmed on the internet. Thank you, your honor I move that the appointment be confirmed move to second appointment be confirmed under discussion Hearing none all in favor Opposed motion carried Thank you public forum. No, okay consent agenda Consent agenda everything 21 1 through 20 excuse me 22 1 through 22 27 excluding 22 24 will lie over until next meeting Alderman Van Akron your honor I would move that all our O's be accepted and filed all committee reports be accepted and adopted all Resolutions in general ordinances be put upon their passage Moved in second all our O's be accepted and filed all our C's be accepted and adopted Resolutions in general ordinances be put upon this passage under discussion Alderman shows Thank you, your honor sir on our referencing 22 24 and recognizing it is going to lie over Just a couple of comments like everyone to keep in mind and think about this Borrowing for a project greater than 11 million dollars in this day of declining revenues and the journal Sentinel reported that the governor's budget It was going to recommendation was going to be seven percent 920,000 for 2004 And 2005 of course is unknown It losing that much in shared revenues is a huge amount to make up alone without taking on more debt service The strategic fiscal plan does have that document in its committee with the results or recommendations of the budget reduction items that the Council members put together in the survey they do need to meet on that and discuss that and come out with some kind of recommendation This should possibly be a part of their deliberations We should be looking at alternatives possibly for a new police station Combining with the county in some form or another Looking at a site that's affordable instead of taking a piece of prime commercial property Being the imperial motel site looking at a piece of property. That's either Cheaper or that we already own as a city and is already off the Property tax rolls such as the Sheridan Park This is a huge undertaking And I think there isn't anyone that would argue that the police station and police department does need a new facility the question is is it affordable and Can we afford it and do we really want to? Pursuit at this point in time until we have something some firmer plans in place as to what our future is going to be like and how our Resquatter resources are going to be thank you. Thank you all the money Thank you your honor a couple of questions along the same line for information Wondering about the origin of those dollars in the industrial park fund Any guidelines and directives related to their use Then also the consequences of removing those dollars for a future future industrial park needs Is rich here this evening? Let me All the money let me get to rich give heart and I will get back to you on that He has a scenario laid out and what he recommends and what he doesn't recommend So if you can wait, I will get back to you Your honor just as you said earlier this document is lying over till next week So any questions you have make sure you get to rich and then we will discuss the or can discuss the document in in its entirety Next week But if anybody have it has any questions of rich Let me know and I can make sure that you get the answers before next week All of them in Acre and I was going to ask you also to have a strategic fiscal plan meeting after The governor presents his budget Within the next week or so, so we can move on this. Okay. Thank you Okay, if there's no other discussion Yeah, would you call the roll please? D-Burge E-Burge Doyle Manny Moody Perez Ports Schultz Devin Akron Teevin Akron Vanderbilt Wongamon Warner Winninger Bowman Fifteenized Motion carried twenty two twenty eight will hold for twenty two fifty five Twenty two twenty nine will hold for twenty two thirty seven twenty two thirty Through thirty four to be referred Twenty two thirty five by Alderman Berg authorizing appointment of special counsel to provide legal representation to two city employees relating to traffic Citation they received while carrying out duties as employees Alderman Berg Yes, thank you your honor This comes about as a result as you mentioned of Two city employees in the course of their duty having an accident and subsequently being sent by a city police department as you're well aware Ordinance violations are prosecuted by the city attorney. Therefore, there is For a statute somewhat of an incompatibility of office defending somebody and prosecuting someone at the same time for that reason the statute Does call for and the words the statute uses are requires that Council be made available to employees who in the course of duty are Arrested or having a claim against them. I believe two of the employees have requested counsel and As our past precedent has always Called for coming to council when we go outside to retain outside legal counsel That's the basis of this particular resolution. They perhaps attorney McLean can Answer any specific questions specific to what the statutory requirements are? I don't know if this covers alderman when they have parking tickets All of them Berg first I need suspension and then we can get it get it on the floor, okay I Moved in second for suspension. Is there any objections? Are there any objections? Okay, Alderman Berg hearing that Thank you, and I would request them that the resolution be put upon its passage Move to second the resolution be put upon its passage on your discussion Your honor Echo somewhat what Alderman bird indicated although the statute it's 895 point 46 it's The concept Makes sense, and I think when the legislature enacted it. It really wasn't I don't think the legislature was looking at Indemnifying employees from traffic citations it used the term damages and costs and I think the The original intent had to do with the employees Operating in the scope of employment getting in an accident and the concern about getting sued by some third party who who may be injured in the accident and suing them personally and You know potentially the individual personally being held liable in those cases the legislature deemed it reasonable for the governing bodies to indemnify The employee as long as they were operating within the scope of their employment for damages and costs and also the statute provides that The employee is entitled to legal representation if to make the request Up to this point to my knowledge in the past I know a Number of city employees throughout the years have gotten citations while on duty in the scope of their employment, but We said never got to me as far as making a request for representation. I think it's finally arrived where two DPW employees have made that request Brought it to council for two reasons one is I don't have any budgeted monies to pay for outside counsel in any of my accounts and and number two the statute says To provide representation, but it says if you don't which which means that I think you've got a choice the statute reads if you don't provide representation and they have Attorney fees or costs that they could then then file a claim and bring an action against the municipality to recover their reasonable attorney fees and costs I Felt it would make more sense that the council Have more control over those defense costs rather than Given the employee free reign to go out and hire anybody that wanted and then arguably come back and Seek recovery Get getting back to the original intent. I think was to cover Torque claims third-party lawsuits and so forth, but there was a case out of the city of Ashland maybe about 15 years ago. It's a Kind of bad facts make bad law is what we We like to say sometimes, but it's a police officer for the city of Ashland came across in the course of his employment as a police officer and injured seagull and put it out of its misery shot the seagull and A DNR warden happened to be observing it saw the police officer shoot the seagull and issued a DNR Citation and it's a forfeiture similar to a traffic citation. It's a forfeiture The officer went to the city of Ashland seeking Representation the city declined The officer went to went to trial on the matter and was found not guilty and Then he sued the city for recovery of his reasonable attorney fees and the the trial court and the Court of Appeals Said yes, he's entitled to his reasonable attorney fees it was The city tried to appeal to the state Supreme Court and the state Supreme Court declined to hear the case One of the arguments that the city had in that case was that there was an attorney general's opinion That had been issued in the late 70s saying that the Attorney General didn't think that the statute applied to forfeiture actions Unfortunately the Court of Appeals directly addressed that and said the Attorney General's You know in the Court's opinion opinion is incorrect and it does apply to forfeiture actions So you can't rely on the Attorney General's opinion and And that's the state of the law as it is right now. I'm not aware of any other reported cases dealing with this Some communities including including Shaboy and I think we kind of duck and cover in the past on this issue and I've had communications with a lot of other municipal attorneys and other cities and Nobody's really comfortable with this and everybody kind of tries to avoid it some cities don't write tickets to their city employees I Think that's mistake. I think you've got to Treat city employees like you treat anybody in the general public if they don't obey the Traffic laws you got to issue a citation most cases and these are examples arise out of accident situations where Police officer comes on the scene and does an investigation as to what the cause of the accident was and makes the determination and consultation with our office as to whether Citation is warranted So here we are tonight. We've had a request from two DPW employees There was a third one that got a citation haven't had any request for legal representation from the third one as far as the estimate of costs These are You know traffic citations. I can't give a ballpark other than to say I would think You know each case wouldn't be more than as far as the defense attorneys time three hours worth of time and I think the attorneys rate is under a hundred dollars an hour But that's so ballpark. You're looking at total probably between the two of them six hundred dollars defense costs So the options are to approve this Provide them representation or or not with the Possibility that nothing would happen that they wouldn't get counsel or that they would and then file a claim against the city for their defense costs and Possibly then you then you have to defend that suit as to whether or not they're entitled to their defense costs so Choice is yours. I brought it to the council on this document because I think you've got a policy decision to make here I guess my recommendation is to approve this And hope that we don't have too many of these We've had other employees get tickets and to my knowledge There haven't been requests for representation Yeah, and the concept of indemnity makes some sense the the the court and the legislature saying that Employees shouldn't be concerned that they're going to be personally liable for all these things that They're as long as they're acting in good faith in the scope of their employment they ought to have some protection from Getting a whole bunch of tickets and have an individual or personal responsibility On the tickets now. There's nothing in the statute on Tickets that that addresses points I guess I'd take the position the points are the individuals responsibility the statute Talks about damages and costs Further There's there's also a disciplinary procedure Within the city and with within the public works department There's a safety committee and so forth that would look at these accidents and make a determination as to whether any discipline is warranted So that that's on a separate track that would still Take place Alderman press Thank you, your honor question Steve You mentioned that there are other communities or there are some communities that don't issue citations I realize you also say don't agree with that Is that illegal I Don't know that it's illegal. I think it may be Arguably unethical in that you're treating city employees different than anyone else in the general public Alderman parts. Thank you, your honor. Well, I have a lot of trouble with this because I'm sure if I got a ticket Doing my job that my boss was an hire me an attorney to get out of a ticket I guess my question here is You talked about Points not being covered, but the fine is that that's the case is it cheaper just to forgive the fine I leave the points and not provide representation Yes, it'd be cheaper, I guess I'd rather do that Set a precedent and getting turned. It's up to you, but I'm not enthusiastic about this at all I guess we would look at it and Chuck Adams is the prosecuting but I would We've talked about it and we would look at it Typically as we would anybody else now. I guess the good news is a you pay the fine for your employee You're paying yourself. I mean it's a city City ticket and the the forfeiture goes to the city although there are the state gets their cut too You get their court automation fees and all the add-on fees But I I think very often we look at traffic tickets and do Knock them down knock them down a point or so to reduce the points and also sometimes cut down the forfeitures and Depends on the circumstances though I wouldn't want to just do it because it's a city employee as opposed to doing it because That's how we treat everybody Okay, all in order. Oh, thank you. Honor. I guess as I look at this and Steve We're actually following the state statutes by paying For these for the defense attorneys for these two tickets and at the same time We're actually treating the city employees the same way We would any citizen out there if they were speeding and to me it's cotton-dried I think we should support the resolution if we have a problem with the statute Then it's time to go to the state and say we need to change the statute But right now I think the city attorney is recommending that we pass this resolution And I think we should hold our city employees to the same level that we would our citizens And I think we should move with this thing and pass it And I hope everybody supports the credits right thing to do and if we need to change the statute That's a different issue All of them in vernacron Steve. You said this is a state statute that's covering this law And we should have somebody look at that to make sure we change that Got anybody in mind Might write down that number again, it's a 895 46 Okay, if there's other discussion that would you call the roll please Eberg door Manny moody Perez ports Schultz D. Van Akron T. Van Akron Vanderbilt Wongelman warner Winninger Baumann D. Berg 12 eyes three nose motion carried 2236 By Alderman T. Van Akron Schultz Perez and Doyle and Stefan authorizing transfer appropriations in the 2003 budget Alderman T. Van Akron. Thank you your honor. I would ask for a suspension on 30 2236 and 237 please Suspensions been requested are there any objections? Hearing none proceed your honor reason for a suspension is this is to get started with the South pier and some of the I believe it's some of the cleanup and things down there. We did get the bids back It's about a hundred thousand dollars less than what was expected. We can get in there early because of the weather Everything is good that way Probably why we got a good bid is because of the way the weather is So I would move that both resolutions be put upon their passage and file 2229 The arrow moved in seconded that 2236 we put upon this passage and filed the arrow Another discussion Pat, would you call the roll please? Doyle Manny Moody Perez Ports Schultz Devin Akron T. Van Akron Vanderbilt Wongelman Warner Winninger Baumann D. Berg Eberg 15 eyes Motion carried 2237 along with 2229 by Aldwin Berg authorizing it We did all together His motion was to take what I'm sorry Thank you. Yes, I do 2238 through 2243 lies over your honor All of my men Akron 2238 I've been asked to ask for suspension on that 2238 is approving the cert purchase. Is there any is there any objections to suspension first? hearing then proceed is the purchase of the Vfw and By the redevelopment authority on 811 north 11th Street This had been brought into the council. I would guess a few months ago It was always waiting for the tiff to be changed and the tiff to be redrawn to include this parcel We also if you look there's some changes, but it was just date changes where The times of the sale and things there was no changes in the actual meat of the of the Resolution or the sale agreement It would just changes change the dates and times of when they had to be out and and when we got them the money and things now that all That's in place They would like to get started as soon as possible And we would like to get started so that that clock is ticking on how long they can be there and things like that Then I'll move that the resolution be put upon its passage Move it in second. I resolution 2238 be put upon its passage under discussion Hearing none, would you call the roll, please Manny Moody Perez Quartz Schultz Devin Akron Teevin Akron the under wheel Wongamon Warner Winnigarh Bowman D-Berg Eberg Doyle 15 eyes motion carried Twice in one night. You suspended is at a record area three times 22 24 through 46 to be referred 2247 will lie over Didn't they 2244 Oh, I'm sorry 2244 through 46 to be referred 2247 lies over 2248 along with 2216 by public works recommending filing copy of documents submitting a communication from Hold it for 21 Hold it for 2216 We'll hold that for 2160 Okay 2249 by public works recommending filing documents submitted a Filing documents submitting a communication from Shibuya JC foundation Requesting approval of various issues Relative to their broad days festivals and granting permission to change the beer and music sales to end at 1045 Almanberg Prior to filing I would like to amend the document to have the music beer sales to end at rather than 1045 amending that to reflect 1030 So this document is similar to the one that was also approved through public protection safety Just make a motion to accept and adopt as it is first. Okay, move to accept the adopt Now you make your motion to me. Okay. Okay, and based upon the following motion. I would also like to Make an amendment as noted to change the last word from 1045 p.m. To 1030 p.m. Okay Move it in a second. Are you taking 2250 along with it because that was a dual referral And also moved to then accept and file 2250 are relating to similar documents Okay, you got a vote on amendment first They should vote on the amendment Okay, I'm 2249 and 2250 just vote on the amendment on 2249 2250 is okay Okay, I see it's 1030. All right All in favor of the amendment Opposed motion carry now And then the two of them together now 2249 and 2250 to be put upon your passage Except an adopt accept it adopted by 2249 and also 2250 as amended All is there any objections? Okay all in favor? opposed motion carried there we go 2251 to be referred 2252 The public protection and safety recommending denying beverage operators license five eight eight two for failure to Reveal all relevant convictions and due to a conviction substantially related to the license activity Alderman Doyle Thank you your honor. I move that we accept and adopt the report of the committee Move the second accept and adopt the report of committee under discussion Yes, I'm just checking as Miss Pollock here to speak in her behalf. It appears not If there's no other discussion that would you call the roll moody? Perez ports Schultz Devin Akron Teevin Akron Vanderwill Longamon Warner Weninger Bowman D. Bird Ebert Doyle Manny 15 eyes motion carried 2253 and 54 while I over 2115 along with 2133 our old by city plan commission recommending accepting the dedication of property from John's Elm in 2133 Resolution by Alderman Warner accepting the dedication of 12 point eight tenths acres located on the northwest side of Lakeshore Drive And Weeding Creek Road from Randall Cough and John's Elm Alderman Warner I think you're me your honor. I make a motion we accept and file the RO and That resolution be put upon its passage Move it inside and accept and file our own resolution be put upon its passage under discussion Under discussion your honor this land is given to the city by mr. Cough and mr. Zell with no preconditions on its use believe it Steve will confirm that and I'd just like to personally thank mr. Zell my mr. Cough further donation wish them well And I can go to probably will not be putting a police station on this parcel If no other discussion Pat, would you call it all please Perez? ports Schultz Devin Akron Teevin Akron Vanderwheel Longamon Warner hi Weninger Bowman D. Bird Ebert Doyle Manny Moody 15 eyes motion carried 2116 along with 2248 our old by city planning commission recommending purchasing 0.83 acres from Wigla mills and transferring said land to panel Plastic and accepting the dedication of 1.57 acres from Panoplastic Alderman Warner Thank your honor. I would make a motion to accept and file the RO and Resolution be put upon its passage Move the second to accept and file the RO and resolution be put upon its passage Under discussion under discussion your honor through a lot of work by the plan department and public works working with With wigwam and the other companies Panoplast out there in the industrial park We will get the retention time bill to help solve some of the flooding problems out there So this will make sure that that happens. Thank you. Is there any other discussion? Yes My read of it the one document that was held 2116 correct relates to this also Yes, 2116 relates to that also Alderman Warner. That's the one here. That was to accept and file that our old And then pass the resolution, which is 2116 2248 and 2132 2248 We have another one in there. That's somewhere back here to dig that one. Oh, it's from public works No, there it is. I'm out it would make a motion to accept and file a RC 2248 is an RC 2132 is the resolution of 2116 Okay, it's been moved in seconded Pat if there's another discussion Would you call the roll on them ports shows? Devin Akron Teevin Akron Vanderweal Longamon Warner Winniger Bauman D-Bird E-Bird Doyle Manny Moody Perez 15 eyes motion carried 2117 our old by City Plan Commission recommending rezoning property located at 1839 Erie Avenue Alderman Warner I think your honor would make a motion to accept and file the RO and that the attached ordinance be put upon its passage Moved in second to accept and file the RO and ordinance be put upon its passage under discussion under discussion your honor This is relative to rezoning property located at 1839 Erie Avenue from UI urban industrial to SO suburban office This is the property of John Travis Operator of the Sheboygan veterinary clinic and mr. Travis wants to remodel and expand his business and since the 1996 Change of our zoning ordinance and map this property needs to be updated to the new zoning laws. That's basically Another discussion. Would you call the roll, please shows? Devin Akron Teevin Akron Vanderweal Wongamon Warner Winniger Bauman D-Bird E-Bird Doyle Manny Moody Perez Ports 15 eyes motion carried 2135 resolution by Alderman Bauman approving the lease agreement between one-way capital corp and the redevelopment authority Alderman Bauman Thank you your honor. I'd move that the resolution be put upon its package Moved in second the resolution be put upon its passage under discussion hearing none. Would you call the roll? Devin Akron Teevin Akron Vanderweal Wongamon Warner Winniger Bauman D-Bird E-Bird Doyle Manny Moody Perez Sholes 15 eyes motion carried 2234 Resolution by Alderman T. Van Akron shows Perez and Doyle authorizing transferring Appropriations in the 2003 budget Alderman Van Akron Thank you your honor. I would move that the resolution be put upon its passage Moved in second the resolution be put upon its passage under discussion Hearing none, would you call the roll please Teevin Akron Vanderweal Wongamon Warner Winniger Bauman D-Bird E-Bird Doyle Manny Moody Perez Ports Sholes Devin Akron 15 eyes motion carried 2255 along with 2228 The resolution by Alderman Warner amending the Harbor Center business improvement district operating plan and boundaries Alderman Warner I think your honor would make a motion to accept and file the report of officer and that the resolution be put upon its passage Moved in second accept and file the roll and the resolution be put upon its passage under discussion under discussion your honor This will add the new South Pier district for the present business improvement district of our downtown area will be a benefit to everyone down there and The people at Great Lakes are in Concert with us, and they think it's a great idea too. So I think it's gonna be a good thing for the city and for the whole area Thank you. Thank you Hearing another discussion, would you call the roll Vanderweal Wongamon Warner Winniger Bauman D-Bird D-Bird Doyle Manny Moody Perez Ports Sholes Devin Akron Devin Akron 15 eyes motion carried Steve other matters 2256 is a resolution authorizing entering into a contract for professional services for the soil remediation and berm grading oversight services That will go to public works Moved in second day adjourn under discussion hearing none all in favor