 We'll call the seventh Trade it over. We'll call the seventh regular meeting of the common council door. So what you call the roll, please Excuse Corms present Alderman Warner Thank you, your honor. I move the minutes of the last common council meeting Be approved and that's the same stand has entered on the record Then moved in second half the minutes of the previous council meeting stand approved. Is there any discussion? Hearing none all in favor Opposed motion carry Alderman wangeman would you leave us in a pledge of allegiance, please? Okay Resonation Steve There's a letter dated June 22nd to the mayor from Richard London advising that He's resigning his positions as a member of the architectural review board and the historic preservation Commission that can be accepted in place down No, that lies over excuse me. Okay for appointments Everybody submit the following appointment for your consideration Susan Richards to be appointed a city clerk to fill the unexpired term of Patricia Losey whose term expires April 18th 2005 signed by the mayor Alderman grow Your honor, I'm normally I believe that would lie over good, but I would move that we suspend the rules and and confirm the nomination We have a motion before us in a second. Is there any objections to suspension hearing none Alderman growl? I thought I just said that but I'm sitting you asked for suspension. Okay, then I would ask it to come your Come that your appointment be confirmed. Excuse me We have a motion before us to confirm the appointment We don't need to roll call the way All in favor I posed motion carried Now we can get the sign made in front might change their own Steve anything else Hearings we have one hearing this evening and that's to rezone the property look at 915 North 7th Street. Is there any interested parties who shouldn't be heard on a hearing? Any interested parties out? We shouldn't be heard on hearing sir. Please step up the microphone. Give us your name and address Good evening. My name is Jim Howers H. O. U. W. E. R. S. I live at 28 2608 Riverdale Avenue, and I am the chair of the trustees of St. Luke United Methodist Church The property in question here is our old Parsonage which basically is vacated and has not been used for approximately 10 years It's our hope that by this rezoning it will Enable us to increase our ministry to the community and to our own congregation the request has been put forward by the request by Latinas unites you need us for office space in the building and We found out we had to have a commercial zoning for that and the property to the South and to the west is already zone commercial the property to the east into the north is neighborhood office and We feel that the rezoning would fit very nicely into the city's President scheme for the zoning. Thank you. Thank you very much Any one else wishing to be heard all the McGraw. Thank you. I'll move that the hearing be closed Moved and seconded hearing be closed Discussion Hearing none all in favor Opposed or should carry Excuse me Alderman Warner I think you're gonna pull forward document 746. Hang on. We got a public hearing first. Okay, our public forum Excuse me public forum. Thank you Okay, so public farm. My name is Adam Paine PA Y&E and I live at N 5235 County Road S and Plymouth Thank you Mayor Schram and members of the council for the opportunity to briefly address you tonight I'm here as well to talk about city county services more importantly working together and Obviously the new police department and I know you had some good discussion earlier this evening I want to compliment Alderman Warner certainly for his leadership and passion for getting that police department going and certainly Mayor Schram because I know it's a long-term coming and I don't think it's a matter of if in this community I think it's a matter of when and where I Wanted to briefly give a little background and perspective Speaking on behalf of chairman Bill Gehring who asked me to be here and could not be here this evening He's attending a town meeting You have this evening a summary of activities on your desk as well as some Correspondents from the county board as a whole and very briefly it was back in June of this year well June 2015th of this year that the county board voted 25 6 to work with the city on this Exchange and sale of property, but as was mentioned earlier. We've been working on this for over a year Negotiating for nearly a year Mayor Schram Alderman Warner chief Kirk and other city representatives representatives Got together for the past year to discuss this opportunity and in the timeline you'll see it was February 11th 2003 when we initially received correspondence from Mayor Schram asking to look at the possibility of selling or exchanging property the City initiated it and we were pleased to follow up in fact you can see on March 18th of 03 the Transportation committee and you know how these things work nothing happens quickly in government Referred a resolution to the full county board and the full county board unanimously on April 15th said yes Let's work with the city representatives and negotiate some type of win-win or bet beneficial agreement And again you have the summary before you in May of 2003 We exchanged proposals and we've come a long way since then in May late May of 2003 There was concern raised and that was mentioned this evening my alderman Warner about the the potential site contamination and at that time The city was granted approval to get out there and take as many Boring's as you wish take a hard look at it and when it was all said and done it was discovered that yes There are challenges, but none that can be overcome and in fact our building services director Jim to beast tells me that the property there Probably is less challenging than what we're working with at UW Shabuigan with the additions that we have there so it's not of such Challenge that we can't overcome it and in fact the city resumed negotiations with us in October of 2003 Again, I'm not going to touch on all of these they're in front of you But as you can see There was a great deal of time and energy and resources expended by members of the executive and transportation Committees from the county board Staff as well as the city you're building use committee and many of the people in this room and certainly mayor Shram to work toward reaching a mutually beneficial agreement. You needed a you need a city police department That's a good thing for this community. The county needs parking Those of you who have been down at the at the courthouse of late know that if we have all circuit courts in session People struggle to find parking so the city wanting to keep money As limited as possible to reduce the out-of-pocket expenses We developed what I thought was a very favorable win-win solution We would sell the county property for a hundred and sixty two thousand dollars We would replace a sultry ed for a hundred and thirty seven thousand dollars and the city would Transfer ownership of the current parking lot that you have In place currently that I don't think sees a lot of use But it's close enough to the county that we could assign jurors or Staff from our law enforcement or folks from that side of the courthouse block if you will to alleviate that concern So that evening frankly for me was it was a highlight because we all left that room Feeling I think good that we had reached agreement after nearly a year of discussions and no negotiation There was a lot of people involved there was give-and-take on both sides and again It was a win-win. It wasn't just citing a new police department It was looking at parking constraints for the county and the county is everybody city and other residents in the community And as you can see on June 15th, as I mentioned earlier the county board voted 25 to 6 in support of that agreement that was reached That didn't come easy. Everyone in this room knows that dealings and negotiations in the past haven't always been fruitful Yet we were able to pull people together and do something that I think is going to be in the benefit of the community as a whole And that was reached that agreement So what's happened since well clearly on on June 24th myself and other county board supervisors were surprised to read May I have the opportunity to the council all in favorite extension Opposed okay continue Adam. Thank you, and I'm sorry. I'm sorry, too We were surprised to learn that the building use committee selected a different site a surprise because of again the time We spent negotiating and working on what we thought was a win-win agreement But not surprised to the extent that we don't recognize and appreciate and respect that that is the building use Committee's prerogative and you as a council will be the final decision makers But with that said it was a surprise and hopefully One that again we can continue discussions and move forward What I'm hearing with the Sheridan Park is the bottom line with most people is cost And I heard that raised today as much as perhaps a million dollars for this site Are we talking short-term or long-term costs short-term? You've already heard what I raised For the the cost of the property and the cost to rebuild the salt shed and exchanging the parking but long-term What are we going to miss in regards to missed opportunities again? I'll mention the parking at one point sheboyton county had in its five-year plan building a two to three million dollars at parking ramp I Don't want to see us spend those kind of resources on parking, but it's serious and as we all know it's practical You have to have parking well if we were able to continue to go forward and Obtained this site that may put that off for some time perhaps indefinitely although I'll never say never but for some time if we have to build if the county has to build a new parking ramp in the next Five ten years whenever the county board might decide to do so that could be a three million plus Cost well, what's a third of three million? Right there boom with just parking We've spent more city taxpayer dollars than we have for this current arrangement And that's to say nothing of all the missed opportunities to share space and Resources for the benefit of all taxpayers both the city and county have need for evidence processing facilities evidence storage a vehicle Impound indoor shooting range and training facilities there may also be opportunities for joint dispatch Squad car maintenance right next to the the highway department and our sheds and people who currently work on vehicles Purchasing information technology and staffing efficiencies in short I think there are greater opportunities for sharing resources and future expansion at the North 23 Third site in fact the alderman the gentleman over here mentioned earlier. I thought quite eloquently We don't want to box ourselves in well Sheridan Park is 2.6 acres And if you ever expand from there you're looking at buying homes What have you and I think alderman Warner or the mayor or someone mentioned how expensive that can be at the county site We have four acres and next to that we have our county facilities our highway department. I don't think we're gonna be there Forever I think at some point that's going to move out more centrally in the county Which again will open the door for future expansion opportunity opportunities That probably no one in this room has thought of no one on the county board has thought of but I'm certain future mayors and older Persons and county supervisors will and I think we should provide them with that opportunity So in closing as Mayor Sram has stated we need to take a long-term view and position the community and taxpayers for success Literally hundreds of thousands of dollars could be saved if we have the political will and the fortitude to work together If I may speak frankly and my humble experience There's always so much rhetoric from everyone at all levels of government About the need to work together and to share services and become more cost-efficient Yet what I fail to see from my vantage point is a lot of strong leadership and the political will and fortitude to make that happen We have that opportunity now and I'm hopeful that will continue to explore it. I Hope everyone will ask more questions and leave the door open for further discussion. I know this has been a long process I was going through a file this morning of Information from the last three decades on when we missed the opportunity to work together at the current law enforcement center and Studies that have been done as recent is this decade on needs and opportunities I encourage you to consider a needs assessment to determine both the city and County law enforcement needs so we may collectively strive to share space and Resources where feasible plan for the future and achieve significant cost savings I hope all of us city and county officials will lead by example and thank you for the extended time mr. Mayor I appreciate it. Thank you Next Yes, that's Capitalo CAP ETI LLO and my home address is 1619 North 38th Street The reason I'm here today is to as the spokesman for the Shaboygan Citizens Action Group After reviewing your agenda for today. I I noticed a lot of correspondence that was coming from the city clerk's office I also looked at last Agenda and you had correspondence coming from the city clerk's office. The reason I'm I'm saying is because The Citizens Action Group had secured legal counsel In regard to the direct legislation petition that was submitted into the clerk's office this letter was dated on June 17th, and it was sent to the city clerk's office I don't know if any of the alderman or older women here have received a copy of this letter basically, it's We're contesting the some of the signatures that were disqualified The attorney that has been secured by the Citizens Action Group has submitted a Packet to the city clerk's office with a request to a response if we do not receive any response to the Letter we will be filing with the state elections board And I just wanted to come here and let you know that so that because I know at certain times They say well, how do nobody knew about this? Well, the letter was sent out if you do not have it in your packets You should ask for a copy of that letter and as I said if there is no response by July 21st When the state election board meet we will be forwarding this to their attention Okay, the other thing which Doesn't have to do with this but as long as we had mr. Payne from the the county and I was listening to his his plea for the property that's Over in that's owned by the county I would say that if they really want to help the city and really want The police station to be built there Then I would I would say that they should if the bottom line is money And we're looking that it's going to be a million dollars less Then what they should do is they should offset those costs in and I know that there was a request to pay additional money From the city for the parking I would ask them to reevaluate what they're asking the city to pay and Try to see if they can cut some of the the the funds that they're asking for After reviewing the investment portfolio that the county has I would say that they have quite a bit of money that They have an investments. I'm pretty sure that they would not be missing that much and I say that because if the if they're they're making that much money on their investments They could save the city some money also Thank you very much for your time City hang on a minute guys city attorney I'd like you to address that letter that came in please and what action we need to take on that I Do believe water came out of the clerk's office, and I'm not sure I've seen it But I'm not sure where it stands if it's If it's been submitted to the council, I'm not aware of that. I'm not sure where it's been You have that Steve It's sent to your office Okay If I was Directed to do anything with it. I've got it. Okay If the council likes I can submit it at the next council meeting. That's fine But I mean legally that was a letter sent requesting Pat For Pat and she isn't with us. I believe it was addressed to city clerk city clerk Pat. What was it? Yeah, they were reconsidered decision on the the eligible Signatures on the petitions that were submitted, okay All in order. I think I guess Mr. Capitola spoke here several times, and I just caught he lives on North 30 history. I was warning mr. Capitola Are you a city resident? Are you speaking for a sked group as a non-city resident? We have I'm just wondering if that's sure because I first realized excuse me I I never really caused the address before and I just wonder if he was in the city or not Apparently not That's just curious All my prayers you had something on to say. Thank you your honor It's happened before and I quite frankly don't say anything about it I think it's sometimes it's even worthwhile for someone to address something but I get the feeling that every time somebody comes here and addresses a council and say something they don't the council or members of The council don't like we want to strike back at them in some form or another. I don't I don't know what that's our job We're here to listen to the public. We don't respond. We don't address concerns. We don't answer answer any questions We simply listen the agenda says public forum. It's their time not ours Now I would really appreciate it It's not just because of mr. Capitola anybody that comes here and talks to us and tells us what they want to tell us If they want to be in our face It's not our job to stand up and address them in the form of intimidation And I would appreciate if all the members of the council would take that serious All the members just in response to that if someone comes up and gives us incorrect information They're not going to come up here and give us incorrect information when we have the correct information We will respond to that. This is our council. I run this meeting We will respond to it and give the correct information back now whether daylight or not They're going to get the correct information back and we can disagree on that Yeah, go ahead the information your honor can be Given to the person that speaks before the council the following day. We do that with the school board for example They can do it. We don't engage in debate with the public forum. Well, we will address it if it's incorrect We will not let it pass Alderman Warner I think our response Alderman Perez as I said mr. Capitola spoke here many times And it's the first time I just thought north 30th Street is that in the city? And I feel it's important that people understand a person speaking for the Skag group or should bring citizens action group You know whether the from the city or not. We had big arguments. I remember mr. Capitola arguing up here again supporting Residents from outside the city took committee that was investigating the mayor which the Skag group brought forward I think it's relevant It is relevant and I'm not thinking on mr. Capitola. He can speak in any councilman But I I do think it does matter when the person is a city resident or not speaking on city issues that clearly affects city residents I would hope you're at that active in the town board in the county board also Alderman Montemire Thank You mr. Mayor. We've been through this before is there a rule statute anything to guide us about Answering the public forum because I wasn't the under the impression that The public forum speaks We're quiet and that's the end of it. Am I wrong? Is there is there a Statute of resolution nano a rule We've got it in our code of ordinances that provides for a period on every regular council meeting for public forum for people to speak That's it. There is nothing about answering not really. I believe Alderman Stephan had presented a Document a number of months ago to try to put some ground rules to it and that was That didn't go anywhere with the council There is no rule. Thank you other than other than speak for five minutes So again, if there's something that's incorrect, we will try and correct it or we'll get the information unless or Thank You your honor. I think it's important that it's be said that I believe as the council members that we just became aware of this letter I believe we'd be willing to address that and I think we we've learned from the past how Making certain mistakes and I think we need to really address these issues so that they don't happen again Because I don't want that to be a poor Reflection upon the council or the mayor if we can work and make sure that those errors don't happen again. Thank you All the money I think and and I have no problem with someone who does not live in the city Speaking at the council. I think it's it's a democracy and they may do that We do limit it to five people I believe but I do think that I don't know about the rest of the council But I was under the impression mr. Capitola lived in the city and was a city resident And I believe that he represented himself as a city resident and besides that we have had other people come from the town like one for a member Gentlemen from the town of Wilson who clearly stated I live in the town of Wilson We've had people say I'm from Sheboygan Falls, and we listen to them Yeah, and excuse me with the I just feel it was misrepresented I thought that the council should know whether a person lives in the city or doesn't live in a city when they make those Thank you all of a breath. Thank you. Just just a point of clarification your honor. I What all the Alderman Warner's response with all the respect was not clarifying anything or clarifying something was erroneous You were asking a question without asking the chair to ask the question and the manner That that that Related message that said you don't even live here. Why are you talking to us that I don't appreciate? I don't care if they're from Africa and they come here and address this council They can come here and address this council until we change the rule That I didn't take that way, but everyone has their own opinion Thank you your honor. I think this is just getting a little bit out of hand here So what are we just? Everybody cooler Jetson get on with the rest of the council meeting for tonight. If you got something to discuss Let's talk it over after a while exactly Okay Moving on consent agenda. Oh Alderman Warner. Did you want to pull something ahead? Is resolution the gentleman from St. Mark's talking 746 on that I make a motion the general ordinance be put upon me suspension sir I need suspension on that and move for suspension It's moved to second for suspension. Is there any objections? Hearing none, okay, I Make a motion the general ordinance be put upon its passage Move to the second the general ordinance be put upon this passage under discussion This is Alderman, excuse me, not Alderman much there. Thank you, Mr. I did circle this in my agenda Where is it and what is it and why are we changing it just? 746 yeah, I don't have any specifics on The merits of the rezoning Steve Yeah, I can address that. Thanks mayor mayor council Basically what we're looking at is st. Luke's United Methodist Church 915 North 7th Street They have an old parsnage that they haven't used in a long time I believe I'm not going to rehash with the applicants stated with regards to the use Properties owned urban residential right now in order to use the property the way they wanted it needs to be zone commercial and the property Is consistent with the area and it's compatible with our comprehensive plan and staff would recommend approval of the rezoning If anyone has any questions, I'd be happy to answer Thank You Steve. Okay. Yes. Thank you. I'm gonna be an actor Your honor, this is a by an acronym for res We weren't asked to pull it forward Team from plant I believe it came from plant mission. That's why but you you were to Alderman that's your area But it also says on this thing old man for as in the accurate But he can have it if he wants it, okay fine Okay If all the graph I have my questions rancid thing Alderman Warner. I Just want to say that any ordinance that comes out of plan Commission All this has all the person's names on it that are in there and I think in this Incense it was actually from the council before so it came back for the change because the public hearing wasn't posted in time So that's what happened After another discussion, would you call the role please? Balmain Berg Bonnet Serta graph Manny Montemayor Perez Peterson Rindflash Sigali Van Akron Vanderweel Wonderman Warner 15 eyes motion carry Okay, go back. Oh There was one here hang on Paul I'd had one and I forget which one it was seven Which one is it Paula? You sure? 650 650 658 650 658 We have a resolution by Alderman Stefan approving the terms and conditions of the ground lease at redevelopment authority land The South beer district to Doyle's properties of shabuagan LLC Stefan is not here. So who would like to take this for Alderman Stefan? I Am searching for it your honor But on 658, I would move that the resolution be put upon its passage We'll just send a resolution be put upon its passage under discussion All in my opinion Me again. Thank you. Mr. Mayor again Who what where and when why where is it and who? Doyle's properties No, if you wait a second, we're gonna have someone explain that. Thank you. Thank you. Okay Paulette, there is a gentleman here to speak to Do we have the floor open up, please we have a motion before us all in favor Opposed motion here, sir my name is John Smith. I represent Doyle's properties of shabuagan LLC and Doyle's properties is basically by wife and I we are Interested in putting a restaurant in the Blue Harbor development we want to compliment the council and the economic development and the redevelopment authority and their vision and Developing that property in the way that it has been developed Doyle's will be an Irish restaurant in pub It will be a wholesome family restaurant into the evening hours and then a great entertainment entertainment venue to complement the Blue Harbor Resort we intend to invest over six hundred thousand dollars in the building and the assets and Employee 15 to 20 people with payroll over four hundred twenty five thousand and add to the tax base in the community and I look forward to your approval of our of our lease any questions. I'd be happy to answer Anyone have any questions? Okay. If not, would you call the roll, please? Um burr bone a surda graph Manny Monta Mayor Perez Peterson Rindflash Segali van Akron van der Wiel Wongamon Warner and Bellman 15 eyes motion carry. Thank you for coming up. Okay. We go back to consent agenda if no one has anything else you want to pull forward Oh Hang on all of them and sit down Okay, let's okay. It's consent agenda. So let's get it on a thing and it will pull out. Okay. We'll get a motion Thank you all the morning. I'm sorry. I think your honor I move that all are always be accepted and placed on file all our seats be accepted and adopted and all resolutions Substitute resolutions and ordinances be passed Move to second at all are always be accepted a file resolution be put upon their passage ordinances and Substitute ordinances you say I just seen a substitute. I just ordered and our C's be accepted and adopted that seven one Through 732 and you said 712 712 Okay triple place for skin I'll call it you want to fill us in on that one That's a resolution by Alderman Stefan consenting to the representation of triple place sports Academy I think that's actually Steve attorney Steve McLean can answer part of it But the other part is triple place sports Academy is a developer that the redevelopment authority is currently Yes, they're not negotiating yet, but they're listening to a proposal from them And I think there may be some potential conflict and I'll let Steve speak to that Thank you, the city has Used the services of Davis and keeltal locally not real recently but in some personnel matters and They're requesting a waiver of any potential conflict of interest where if they've represented the city in the past as to certain matters and They're going to be representing Proposen to be representing triple place sports Academy in negotiations with the city They're asking us they're telling us that you know there may be a potential conflict and You know to the extent there is any conflict we want to get the city's consent to let them represent triple Play sports Academy in dealings with the city. That's All right, what I would like to know really is what is the triple place sports Academy Incorporated what are they representing that they would like to go in potential contract with us concerning the South period district? That's what I'm I don't know what they are and what and what they represent And that's what I'm questioning is what they are representing. I think Paul. I could probably best address that but the Yeah They're still they haven't begun negotiations out with the redevelopment authority and that initially would be in some type of a closed-session Discussion and it's it's just the same thing happened with Doyle's properties LLC They had the same attorney and I think that attorney just wanted to make the city aware that You know, they're they could potentially be working for the city at the same time that they're working for a developer Okay, if you're funny, it's not answering the question and asking now What is the company and what do they represent that and what would they be bringing down to the south here? Now this gentleman talked about his restaurant. So this company is called Triple Place Sports Academy Incorporated. What are they representing that they represent a sports bar? Are they representing something else that they want to bring it to the area or or do they represent whole bunches of things? I We're it's still really in the preliminary stages and closed-session discussions And so I don't really know how much I can say about what they're going to be doing or what they're proposing yet all I would say is I think the name is pretty indicative of what they're looking to do it's a It's not it's not a sports bar as far as I'm aware. It's Some sort of recreation recreation facility If I may I believe it is exactly what you said it is a recreational facility that would house Several different things may possibly batting cages. I'm a golf course could be in there At this point in time, I believe what Paulette is saying they have not come forth with what they'd all put At that that place until they found out find out if they can use the same attorney that may represent the city Okay, all of them and then what? Thank you much Thank you, your honor just for clarification because they said it was in closed session call them and grab just explain Where he got the information from so people? Don't come to conclusions. Oh, thank you I know they have something in Madison similar to that and that's all I'm I'm just putting that all together saying well they have something like that in Madison that is It's called a sports Academy down there, and I'm just thinking well, it might be the same as that okay All of us are going One more thing since we're discussing the south pier I've had a couple people Calling me and they are asking what's being going to be out to be built on south pier But they're requesting a copy of a DNR report that was put forth about the south pier and I was wondering if the council has a DNR report on the south pier and if it was Being able to further be developed in that the constituents that are calling me say there is I'm not aware of one I said I would take it to council and find out if there is one that the council could review I'll let you want to speak on that issue or I can address that. It's not really germane to this issue, but We do have an approved DNR remedial action plan for the development of the remediation of the south pier and part of the remediation is the development We're required to either put in two-foot of fill which we've done on the anticipate on most of the site or cap the site with parking lots or buildings Things of that sort. So yes, there is an approved Remedial action plan. It's I think in two volumes. I Believe I've got a copy in my office. I believe the planning department has a copy in their office the DNR I'm sure has copies of someone is interested in getting a copy from the DNR, but yes All in order. I Was just thinking of something and maybe Steve can clarify this If a person out there wants some information and all the person tells them where to get it that is fine But get an all the person go in there and demand and say a copy of our entire report and Then give it to a third party When no general public has to come in and pay for the thought I'm just saying I'm just thought of this ethics situation We had a discussion on that a while ago And I seem to remember that that's not good So just in hearing all them in segales thing about some people wanting some information I think you can give general informational But I don't know if you can go in and get reports and because you could be doing this for different groups and things like that I think that might be an issue. So Steve am I right or wrong? Well, I guess from an open record standpoint that somebody comes in it makes a request for a copy of a record and We're the custodian of the record. We can provide it and we charge 25 cents a page That's our our standard rate police department charges a little bit differently because they generally mail things out I think they charge a dollar for the first page and Covered mail mailing and and in that case then I guess what I'm asking is can an old person come in to get that Information for free because of virtue of their office and then give that information to somebody else thought their party That's really not fair to the Well, can I I think The answer yes, they can you know Is it the best way to go? I don't think so. I think if someone wants a copy they can There's there's a mechanism for doing that in tight budget times. I know our office we've been more conscious of charging the 25 cents a page because It helps out on the budget. It's every time you're running copies. There's a cost to doing that I would hope no Alderman would do that all the way But we'll watch Okay, as we move on anything else from 7-1 through 732 Alderman Montemire Thank You. Mr. Mayor 721, okay This is probably a small problem, but perhaps not to the person who owns the ice cream truck If I read this correctly There can be no music on Ice cream trucks That's what they're basically asking that the noise is irritating as they go down the street keep playing the same tune over and over And it says audio systems on ice cream trucks are illegal That's what this says right here. Okay. Is that correct? That's what it says. I don't know if that's case I love those little songs coming down the street. That's the only way. I know they're on their way Alderman Van der Rohe Thank You, Your Honor Currently well first. This was to file the documents. We weren't taking no actions, but currently it is already a An ordinance that in residential areas you cannot have ice cream trucks playing music Someone's working third shift drives them crazy if someone's taking a nap. That's just where the ordinance is set up So Well, we were not taking any action were filing a document. So thank you. I Think we have to change that Alderman Warner, I would just say that I have the public protection safety minutes in this came about our committee because of a complaint from a citizen Carmen divine, I believe on the south side who had a problem with this ice cream truck playing music really loud and constantly and it is on her books that it is not allowed so The reason is is for the obvious reasons that Alderman Van der Rohe mentioned They cannot bring bells. I think to some degree but in anything that conflicts with the city's noise ordinance It could be a problem right and there's a lot of people out there who don't want to hear that some truck It makes kids around or into the street when they hear it myself doesn't bother me either way But that's just the ordinance as it is at this time. So we're filing the communication telling them They can call the police department, right? Okay We have another discussion everything 7-1 through 732 would you call her old please? Sure Bonnet Serta rough Manny Montemayor Perez Peterson Rinfleshe Segali Van Akron Vanderweel Wonderman Warner Bowman and Burke 15 eyes motion carried 733 to be referred 734 through 740 to be referred 741 will lie over 742 will lie over 743 in 44 no excuse me 743 to be referred 744 by finance recommending filing documents submitting a communication from sergeant Tarkovsky requesting a turnaround Requesting to turn around on South 20 state highway 23 Kohler Memorial Drive Alderman Warner We'll leave that to you Excuse me Yeah, I move that the RCA be accepted and adopted and the documents be placed on file Move it a second at the RCA be accepted adopted and documents be placed on file Alderman Warner I think I would just like to follow in graph If they their committee had talked to the county at all about working on this in finance I've called you that right and no we did not because at the time of our meeting it was Tom Houlton supposedly had funds and found some funds that were available and he was going to do something with this So we just filed this document figuring that Something would come through public works. Okay, if just all the discretion all in favor. Hi posed motion 745 To be referred 746 we already did we already did yep. Can we just take a moment of break, please? All right, let's break for about two minutes, and then we'll be back Thank You counsel Sue would you please call the roll? Oh, yes graph Manny Montemay are Perez Peterson Rin Flesch Sigali Van Akron Vander wheel Wangeman Warner Bowman Berg Bonnet Serta 15 present forms present. I understand that we're missing some documents in the packet Follow along, please if you need copies, we will get them to you. I do apologize If there's questions, please raise them as we go along Go ahead Steve this question with the City clerk During the break clarify on ice cream trucks They're not illegal per se. There's a distance requirement. You can't Have the sound go more than 100 feet. I think from the from the radius of the truck I think that makes more sense to me. That's more consistent with Requirement on all sorts of things that there's a You know, it's basically too loud for the circumstances, but there's not any ordinance that prohibits Music ice cream trucks Okay 659 we have a resolution by Alderman Stephan 658 we already did that. Oh, we did. Yes. We did. Sorry Excuse me, okay, so sorry 659 resolution by Alderman Stephan Berg, Manny and Montemire transferring transfer of appropriations in the 2004 budget Thank you. I move that the resolution be put upon its passage We have motion before it's in a second under discussion sir I just I don't have exactly what this transfer all involves, but if Sue would read it There's probably two or three items on there. Yes, there are two No, they're actually more Establishing estimated revenue and appropriation for donation received for the community policing expense and Establishing estimated revenue and appropriation for donations received for the sculpture transportation and placement Establishing appropriations for funds to cover deductible for insurance claims for vandalism in the parks department and damage from a lightning strike and Establishing estimated revenue and appropriations for donation for Maywood Okay, there's no discussion. Would you call the roll, please? Montemay or Perez Peterson Rindflash Segale Van Akron Vanderwheel Wongamon Warner Baumann Berg Bonet Serta graph I and Manny 15 eyes motion carried 625 It's a RC by special committee on risk management recommending filing documents submitting A claim from Ryan layman for alleged damages to his basement when his dreams backed up in paying the claim of Malmuth of 16750 Alderman Brown. Thank you. That RC along with 626 that RC which recommends filing documents submitting a claim from charter communications for alleged damages to one of their vehicles when it was Hit by a snowplow as that claim has been paid and 624 Recommending filing the documents submitting a claim from Matthew Guzzo for alleged damages to his vehicle when it was backed into By a police car and paying his claim in the amount of 90 25. I would move that 625 that that big that RC be accepted and adopted and the claim be paid 626 that that claim be filed as it was already paid and 624 that the that claim Be filed because that claim was already paid. Okay, and what's wrong? You want that separately? Okay, we'll do 625 first There's no other Alderman Bowman And thank you your honor the question that I've got basically is what makes this claim payable compared to most of the other Sewer backup claims that we usually deny Michael Can answer that Alderman Bowman the claim was not for damages this claim was for For plumbers costs what our policy has been if a problem is found in the city main People some people might call a plumber right away Some people might call our sewer crew if they call a plumber and he finds that there is a problem in the city Main we will pay for that plumbers costs, but it will not pay for the damages Okay, so in other words, we're not setting a precedent. We've done this in the past. We've been doing this. This has been our policy Ever since we went self-insured in 1989 Okay Would you call the roll on 620 or doesn't doesn't matter? No, we do them all the week dig them all together 625 626 and 624 Prez Peterson Lin Flesch Segali Ben Akron Vanderweel Wongamon Warner Bowman Burke Bonnet Serta graph Manny Montemayor 15 eyes motion carry 747 goes to plan commission 748 building use 749 it can be accepted and placed on file Okay We have a motion before it's in a second to refer it to plan commission under discussion Hearing none all in favor Post motion carried 750 Hang on. I may have that yet. I do excuse me 750 and that will go to city plan commission 751 751 is an arrow by the deputy city clerk submitting a notice from public service commission of Wisconsin regarding application of the Liant Energy Resources Inc. for approval to purchase own and operate the existing natural fire gas Excuse me natural gas fired merchant power plant located in Sheboyin Falls. They could be accepted police come file All in favor Opposed motion carried 752 is communication Excuse me an arrow by the finance director treasurer submitting the Harbor Center Marina balance sheet from operation stated May 31 2004 are submitted by Skipper Marine Special Committee and special marina committee 753 is a communication from Mary Dott's 1018 Los Angeles Avenue regarding concerns with standing water in the alley near her home from a sump pump drainage pipe and A vehicle that was being stored in that alley public protection and public works 754 is an arrow by the deputy city clerk submitting communication from Richard Susha former mayor Sheboyin Complimentary Complimenting Mike Hudson his outstanding service to the city wishing him the best in his future retirement. That can be accepted in file All in favor Opposed motion carried 755 is an arrow by the mayor submitting a recommendation for the 2005 budget process for the general fund that would use the 2004 original budget as a base that is adjusted across the board by the net increase or decrease in the total general revenue that was on revenues that will go to strategic and 756 resolution to request the mayor to submit the 2005 budget recommendation that maintains the general fund departmental budgets at the same level of appropriations as the 2004 budget as approved on November 24 2003 that will go to strategic Hang on guys just a moment before you go. I got two articles here. I got from Ed Surick today, and I think they're well worth Well worth showing this is the HR magazine the businesses of business of people and one across to Yeah gross to show it goes to show one of the larger Number one small company the United States correct me if I'm wrong and if you're still here You might have left and it shows Johnson Mill sausage in a magazine great Great honor for them, and then if you turn the page it got a toast a successful culture and this is a Number one medium company and a cutie insurance So very proud of these two companies doing very well in our community. I'm sorry Yeah, I just want to say on 756 that document that that was presented regarding young the 2005 five budget Recommendation yes, just that all the alderman are aware of this if the budget comes in at the 2004 Appropriations as it has been we are ready at a 4% increase approximately if we do not get any additional Funds from the state or come up with additional revenues of some type If nothing else changes and they come in with those figures We're looking at a 4% tax increase. I just want to make sure everybody's aware of that Correct, and that's basically because of the concessions that were were granted Last year and now I'll come do with the end of this year