 Good evening everyone and welcome to tonight's Common Council meeting. Before we start, I'd ask our city clerk to read the saying of the week. Thank you Mayor. Without credible communication and a lot of it, employee hearts and minds are never captured. Thank you. Call the 14th regular meeting of the Common Council order. Please call the roll. Born, Burg, Serta, Davis, Groff, Hanna, Kittleson, Clowness, Manny, Meyer, Montemayor, Ratke, Ryan, Sushia, Vanderwheel, Anverhassle. 14 present. Quorum is present. Now it's time to pledge allegiance to our beautiful country, Oldman Ratke, would you please lead us? 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, Oldman Ratke. Approval of the minutes, President Burke. Yes, thank you, Aaron. I would move to dispense with reading of the minutes and ask that they be approved as entered on the record. Motion in second to approve the minutes. Any discussion? There being none, all those in favor say aye. Aye. Any opposed? Motion carries. Thank you. Resignations, Attorney McLean. I think I'm going to call out a letter from David Galli and Eddie, advising that due to people attending the afternoon meetings that he's resigning from a need like this. That's for a motion to accept and file. For a move? Second. Any discussion? All those in favor say aye. Aye. Any opposed? Motion carries. Resignation is accepted. Resignation of the appointments to the today's data hereby submit the following appointment for consideration. Nancy Gussner has been considered for appointment to the library board for the unexpired term of David Galli and Eddie. He was termed expired at 43008 signed by the mayor. And that will lie over. And as a follow-up to Allamon-Born's request, there is a little bio of this individual on your desk. This is dated to October 2nd. All in favor of the ground to be considered for appointment to the Blue Harbor Resort Convention Center Committee to fill the on fire term of all the person Jeff Radke used to turn on the specs 416.07 signed by the mayor. And all in favor of the ground does not need a little bio. So we'll ask for a motion to confirm. Move to confirm. Second. Motion second to confirm. Any discussion on that? There being none, all those in favor say aye. Aye. Any opposed? Motion one opposition. Motion carries. Appointment is confirmed. That it. Thank you, Attorney McLean. Public forum. Sadie Clark. First on the list would be Dave Cooke. And Dave, could I have your home address please? W-6355 Judy Drive. We want to get that microphone as close as you can to you. There you go. And that's Judy Drive? Right. Okay, and you will have five minutes, sir. Good evening, Mayor Perez, members of the Common Council and members of the audience. In the wake of yesterday's memorable gift of the William A. Heisen Pavilion to the City of Sheboygan, I wanted to follow up with some interesting statistics. For any statistics about Maywood to be meaningful, you must understand what we do. When I refer to we, I am referring to the cooperative effort between the Elwood H. May Environmental Park Association of Sheboygan County Incorporated, the Environmental Park Trust, and, of course, the City of Sheboygan. Hand in hand, our mission is to promote environmental stewardship through real life experiences. The 120-acre Elwood H. May Environmental Park, or Maywood for short, provides opportunities for environmental education, recreation, and preservation through programs, events, research projects, restoration projects, and more. Our highest annual attendance over the last 10 years for programs and meetings was 21,900 in 2003. Attendance fluctuates depending on weather and staff availability. Our average annual attendance is 14,203, of which one-third to one-half are from students. Although students come from all over southeastern Wisconsin, about 50% or greater come from the City of Sheboygan. We work with all ages of students. At this very moment, we have nine days of North High students and seven days of South High students coming out to Maywood. However, our staff does programs and has written curriculum for all ages. You may be interested to know who works at Maywood. Well, in 1999, the staff consisted of the following people. We had a city-paid full-time director, a city-paid full-time naturalist, a city-paid part-time caretaker, a city-paid and privately funded part-time secretary, a privately funded part-time environmental education specialist, a privately funded part-time custodian, a privately funded full-time administrative assistant, a privately funded part-time intern, and state-funded full-time six-person WCC or Wisconsin Conservation Corps crew members, which totaled 14 people working at Maywood in 1999. Since 1999, Maywood has added 35 acres to the existing 120 acres in 2005, which is now called the Burroke property. We've also added some acreage in the corridor between Evergreen and Maywood parks, and we've also added 8,783 square feet to the ecology center for a total of 16,258 square feet. Changes to the staff since 1999, well, the director has remained the same, I can thankfully say. The naturalist has been replaced twice, each time with a six-month hiring delay to save money. The caretaker retired in 2000 and was never replaced. The secretarial position was eliminated. The environmental education specialist left in 2000 was never replaced. The custodian left in 2001 and was never replaced. Our intern, we have a few of those from time to time, but none at the present time. Our trust administrative assistant left on October 6th of this year, but should hopefully be replaced soon. And the Wisconsin Conservation Corps crew, the state eliminated that program completely. And we've also added a part-time, privately funded receptionist, which was just hired in 2006. So if you add that all up, our total staff as of October 16th, 2006, is now three, actually two and a half, two full-time people and one part-time person. Why am I telling you this? So that you can better appreciate how things get done at Maywood. Each time a staff person is hired, you always get more than one person because that staff member works with a large number of volunteers. Maywood has hundreds of volunteers. This September's Maywood Earth Ride had almost 300 volunteers for that one-day event alone. The handout you were given lists the various hats the staff members wear along with the associated volunteer assistants. Therefore, when you divide the budgeted amount allocated for wages, by the number of paid and volunteer staff at Maywood, who are handling all of the duties listed, I think you'll see that Maywood is exemplary in its efficient use of time, talent, and money. Thank you. Thank you, David. Next on the list is March Sagali. And March, I need your home address, please. 2732 B North Savannah Circle. And you will have five minutes. Thank you. Could you let me know when there's one minute left? Certainly. Thank you. The first thing I'm gonna be talking about is to update you on my open records request that I had requested from the mayor's office. At that time, there was email that was sent to Chief Kirk concerning files that were being kept on all department heads and departments. So I requested it under open records. And at that time, there were two file folders, one on the police station and one on other departments. I received 40 pages, which consisted of eight complaints against our police department. And the other folder consisted of one complaint against our transit. The ones that dealt with the police station were all handled internally. And all of these complaints were unfounded. And I need to repeat, they were unfounded. The one for transit, that was also handled internally. Now what I am now gonna be leading up to is the ordinance on the commission for community relations. I think that our department heads have all done a very fine job. And keeping track of everything that goes on in their departments. This community relations commission, I feel, will be taking away the authority of all department heads in the city. I feel also that our department heads, you have given them that authority. That's what they're being paid for, so that they can keep track of what does not go on in departments. Now, I feel also that we're gonna be micromanaging our departments by this commission. We've stated over and over and over again, and I have heard from the council floor, we do not need to micromanage, or we should not be micromanaging our departments. And this commission is gonna be doing exactly that. Our city workers, I think, need to be very wary concerning this, because they're gonna be complaints filed against them, and instead of going to department heads, these are going to be going to the commission. Which, if you take a look at this ordinance at the present time, and I do know this ordinance has been referred to law and licensing, but I want some questions to be asked during this time. One of them is you have unions involved here. You're gonna be going over union heads. The unions have a right to be in on anything that takes place with these complaints. That's very important. You cannot do something without union reps. You also are gonna have citizens filing complaints against other citizens. Now, when this takes place, do these people bring their attorneys in front of this commission, because you're gonna be airing this publicly? Now, if this citizen who has a complaint against another one, that these are unfounded. Now, can this citizen come back to this commission, and to the city, or and the commission, and file suit against them for going against their reputation? We need to be very, very leery of what's taking place on this commission. Another thing, and I'm sure attorney McLean will be addressing it, is that they have authority to conduct public hearings and to administer oaths to persons test-defined before it. Now, this, I think, is way over the limit of their boundaries. First of all, if you take an oath, if you lie under that oath, will they be charged with perjury? These are all things that need to be looked at on this commission, and I hope you do that. Very, you need to be very cautious as to how you handle this commission, because if it's being held publicly, and people are gonna have their names out there in public, you better know that some of them can come back at the commission and the city. So I thank you for your time. Thank you. Next on the list is Henry Capitillo. And Henry, can you give me your home address, please? Yes, 1619 North 38th Street. That's in the town of Sheboygan. And you will have five minutes, sir. Okay. Again, I ask the council to seriously look at the priorities that face you when developing and approving the budget for this coming year. The mayor cannot approve a budget on his own. He needs the approval and consensus of the city council. Please ask questions, be diligent, be assertive if necessary. Do your homework and research budget items that you do not agree with or you do not understand. Ask for information if something is not fully explained. If your concerns are not answered, do not give up. Make other older persons in the mayor accountable for their budget requests or changes. If you disagree with some budget item, do your utmost to bring this item to the council for discussion. And lastly, do not agree with budget items only because you are told by the mayor or other older persons that you are questioning these items will be seen as obstructionist and not supportive. Remember, you were elected by the people in your district and not because the mayor or any other older person supported you. Keep in mind, only you must look at what city departments are more critical to the safety and well-being of the community. I have heard the phrase quality of life bandied about during the funding decisions of certain questionable items. Remember, quality of life means different things to different people. For example, to one person, it means being able to take a vacation in the Bahamas or buying a BMW or Mercedes. To another person, it may mean being able to play golf at Whistling Straits or Black Wolf Run or regularly have dinner at the immigrant room at the American Club. To one person, it means being able to afford to provide a college education for their children and getting a second car so mom can go to work. For another person, it may mean being able to put enough food on the table for their family or having decent clothes for their children. For a single parent, it may mean being able to afford childcare or just having a job to go to. Your job is to try to determine the majority of the taxpayer's belief is the quality of life budget issue. Please let it be the latter of the aforementioned examples. Be realistic in what the city can afford to spend but at the same time, look at what the city cannot afford to cut or under budget. How can you justify building a tourist center at $325,000 when the same tourist center was proposed by the Chamber of Commerce to be built with private funds? The mayor was quoted in the Sheboygan Press as saying, this would be a great place to sell city of Sheboygan memorabilia. You do not have to spend $325,000 to do this. All it takes is a website and it'll only cost you several thousand dollars. One response already given by certain individuals that these are room tax dollars and not property tax dollars. I beg to differ, a tax is a tax no matter how it's generated. Answer this question, who pays for the room tax? People like you or me if we choose to stay at Blue Harbor or any other lodging establishment in the city. Mr. Richard Gephardt, finance director also quoted in the Sheboygan Press as saying that this money could be used to build the tourist center. Is it just a coincidence that individuals who do not agree with the mayor or are on different sides of political issues stand to lose their existence such as the police department or possibly even the city attorney's office? The city can save over $500,000 just by letting the Chamber of Commerce absorb the city tourism department and its staff. If the city council is intent on spending the $325,000 then why not use it as part of the city hall remodeling and transfer the tourism department to be housed in city hall? If you are really serious about holding down spending, be consistent, do not approve spending dollars only because the mayor or other older persons tell you well this money has already been budgeted, the money has already been borrowed or if you don't spend it the money cannot be used to pay down the city debt. I am sure that if the money is not spent it can and will go somewhere that it is really needed. I show you a newspaper article dated November 15th, a group filed ethics complaints, the article states, group is asking for a referendum that would require the voters to approve city spending levels. Would it surprise you if I told you that some older persons in the city council chambers and numerous individuals appointed by the mayor to standing and newly created committees were part of this group? That's hard to believe because of how some of these individuals have voted and recommended to spend your tax dollars. The following statement is quite appropriate for this situation, power corrupts and absolute power corrupts absolutely. I show you another item most of you are familiar with, these are checks that a credit card company sent me in the mail. I know it's easy to use these checks to purchase anything I may or may not need. Excuse me, Henry, would you like an additional minute? You're at the five minutes. Okay, go ahead. I know that it is easy to use these checks to purchase things that I may or may not need. One thing is absolutely certain. If I do use them, I could get myself in debt as many other people have already done. Sometimes it is necessary to borrow money in order to meet certain critical needs in your life, paying for healthcare, fixing your car so you can go to work, buying enough food for your family. The lesson to learn here is that there is no free lunch in this world. Everyone has to pay in one manner or another. For example, if you cut the police budget sooner or later, you will have to pay in one manner or another, possibly by increased crime, loss of life or some other tragedy. You as elected officials must decide how will the taxpayers pay and what will they get in return? Will their quality of life, as they see it, be affected positively or negatively? Only you can make that decision. Be wise in your decision-making process. Excuse me, Henry, your time is up. Thank you. Thank you. And last on the list is John Burner. And John, can I have your home address please? 1919 Broadway. And you will have five minutes, sir. Thank you. Mr. Capatello has had something about the police department that if we cut back now, we'll pay later. Well, the national news tonight had it that the crime rate has gone up in the United States and the biggest rate was in the Midwest. So the crime rate in the Midwest is higher than in the whole of the United States. I watched the committee of the whole last week on the tasers and there were some very interesting comments and questions. And one old person said about being a pregnant woman, being a taze, and I happened to think about it and using a little common sense, what pregnant woman would put her fetus in such a position unless she didn't care? I mean, there are pregnant women you can see in taverns doing drugs, committing crimes, and they don't care about the fetus they're caring. How many babies are born HIV positive from women that don't care? And then we had another older person about the handicap. And I agree that that's the handicap. But you can only have so many policies. And what people don't realize is that handicap people, some of them only have a mentality rate of a child, but their body is big and strong, usually stronger than most people the same size because they don't realize their strength. My wife used to work at a halfway house for retired people. And there were times that the police were called that people got very physical. Then there was another person about a lawsuit. Lots of lawsuits in this country. Doctors get lawsuits. In fact, right now, pediatric doctors are going back into a different area of medicine because their insurance rates are so high because they've been sued so much. To have a policy on every little item is impossible because every case is different, whether they're handicapped, pregnant. It's always different. And that's why the police urge some of you common council members to go along with the right along to understand that a traffic stop is not just a traffic stop. On the television this week, oh, about three days after the meeting, I happened to be running through the channels and there was a police officer on the traffic stop, simple traffic stop. Until the guy got out of the car, came out the police officer and started beating on him. Police officer pulled out his gun. The guy laughed, went in his car and locked it. So then the police officer put away his pistol, wasn't going to use it, broke the guy's driver's side window, pepper sprayed him. That guy went nuts inside that car. And finally another police officer came. He knocked out the passenger side and he both were pepper spraying him and his guy's going wild. It took four officers to bring him down. What one taser gun could have done, simply. But simple traffic stop. The officers have different policies they go by, but every situation is different. So they have to improvise and adapt to each situation separately. So for you to basically have, well, in this case you've got to do this. In this case, you've got to do that. It's impossible. Common sense. And another common council member said, because they listed Spanish people, so many in the teenagers and among people, so many in Caucasian. I don't care what they are, neither. But any form you fill out today, they ask you, are you Hispanic? Are you African-American? Are you Caucasian? And the same way in the police report, when you fill that out. The same three are on there. So it's just, it's nothing against. Excuse me, John, would you like an additional minute? Your five minutes are up. Would you like your additional minute? OK. So to a police officer, it's just so routine that when you write up something, it's so many Hispanics or so many African-Americans. It's just something they do automatically, because they fill out so forms. Their forms have it on there. Hi, thank you. Thank you, John. That's it. Next item on the agenda is a consent agenda, 14-1 through 14-15, President Byrd. Yes, thank you, Yaron. It would move that we accept and file all the ROs, accept and adopt all the RCs, and put all the general ordinances upon the passage. Motion in second, under discussion. There being none, please call the roll. Berg, Serta, Davis, Hannah, Kittleson, Clowness, Manny, Meyer, Montemayor, Ratke, Ryan, Sushia, Verhaselt, and Boren. Aye. 14 ayes. Motion carries. Communications and petitions, 14-16 through 14-18, to be referred. Report of officers 2, 14-19 by the city clerks have made in a communication from Fire Chief Jay Lustusky, stating that the Fire Department was awarded a 2005 Life Safety Achievement Award issued by the Residential Life Safety Institute in conjunction with the National Association of State Fire Marchals. President Berg, motion to accept and file. Yes, I move that we file the document. Motion in second. Chief, would you like to say a few words with respect to this before we take the vote? Thank you. Thank you, Mayor Perez and members of council and members of the general public. Just want to say that I'm real pleased and honored that we received this award. What this award does is it recognizes fire departments throughout the world that have, through a combination of emergency response and fire prevention and public education programs, have gone a year's time without a fire fatality. We received this award several years back in the 1999 through 2001 time frame. And there was several years where we were unfortunate enough to have fire fatalities in our community in this last year's period that we were able to, through the hard work of the firefighters, both in emergency response and public education, and with help from the mayor's office, the council, the community supporting all these safety efforts we've been able to go that year's time without that fire fatality or significant injury. So it's just a great testament to our community, the council, the administration and the firefighters and all the work they've done in order to create a positive situation in the city here as far as fire safety. Congratulations, Chief. We will call the vote. All those in favor of the motion say aye. Aye. Any opposed? Motion carries. 420 through 422, lies over. 423 through 1423 through 1432 to be referred, except 1427 will also go to committee of the whole. Please make that notation. Resolutions introduced 3, 1433 by Alderman Manny, authorizing entering into a cable TV extension agreement with charter communications. Alderman Manny. Thank you, Honor. I move that we suspend the rules. There's a motion second to the spin. Is there any objection? There being none, please continue. Thank you, Your Honor. I move that we put the resolution upon its passage. Motion to second, put the resolution upon its passage under discussion. Thank you, Your Honor. We have been in negotiations and analysis about the contract with charter and with them for a good number of months. We have run into a roadblock, which is not of our own creation. Federal legislation is pending that would impact such contracts. Therefore, such companies as charter do not want to sign contracts at this point. If they do, they may soon find themselves at a competitive disadvantage with the wireless community, with AT&T, et cetera. Therefore, we would like to be authorized to extend the contract that's currently in place through December 31st of 2007 that will protect us legally, as well as maintain service in that time frame. And that will give us an adequate time frame to have the federal legislation completed. It's impacted on towns and municipalities clear, and thus the clear ability to sign a contract that's appropriate. So I ask for support in the resolutions on motion for approval. Thank you, Alderman Mani. Alderman Barn. Thank you, Your Honor. In reading over the document, I was wondering if Alderman Mani could explain a little bit what this PEG access capital fund is, what the PEG stands for. Thank you. Yeah. The big fund is the fund that goes towards the city. We have then dollars to use to take care of the technology that we need, do cameras, et cetera, to do that on Channel 8, which we do here. Thank you, Alderman Mani. OK, please call the roll. Serta? Aye. Davis? Aye. Hannah? Aye. Kittleson? Aye. Cleonis? Aye. Manny? Aye. Meyer? Aye. Montemayor? Aye. Radke? Aye. Ryan? Aye. Sushia? Aye. Verhassel? Aye. Boran? Aye. Anberg? Aye. Fortineyes? Motion carries. 1434 by Alderman Graf, Meyer, Vanderweel, Sushia, and Radke authorizing the appropriate city officials to execute the dock space agreement with HH2 properties, LLC. Alderman, Meyer, need a motion to suspend? Ask for a motion for suspension of the rules. Is there any objection? There being none. Ask that the resolution be put upon its passage and the document be filed and accepted? Second. Under discussion? There being none? I'm sorry. Alderman Montemayor. Thank you, Your Honor. The excavation going on down there looks pretty exciting. And I'm hoping we get this going pretty darn soon. And I think the citizens of Sheboygan are looking forward to finding out what will this highlander look like. And I think many of us who have seen it in Milwaukee sort of have an idea of what it will look like. And I'm glad we're going forward. Thank you, Alderman Montemayor. OK, please call the roll. Davis. Hannah. Kittleson. Cleonis. Manny. Meyer. Montemayor. Radke. Ryan. Sushia. Perhassle. Boren. Berg. And Cerda. 14 ayes. Motion carries. 1435, lies over. 1436 will be withdrawn. There is no action needed. It's been taken care of by city planning. So 1437 through 1438 to be referred. Reported committee 6, 1439 by law and licensing. Recommended, denying beverage operators license number 3280 based on failure to cooperate with the committee. Alderman Ratke. Thank you, Your Honor. I ask that the report of the committee be accepted and adopted. Second. Motion in second, under discussion. Under discussion, it's Keith Slavinsky here this evening. He is not here this evening, Your Honor. Thank you, Alderman Ratke. Please call the roll. Hannah. Kittleson. Cleonis. Manny. Meyer. Montemayor. Radke. Ryan. Sushia. Perhassle. Boren. Berg. Cerda. And Davis. 14Is. Motion carries. 1440 to be referred. Reported committee 7, 1441 by law and licensing. Recommended, denying beverage operators license number 6913 based on failure to cooperate with the committee. And his record of convictions related to the licensed activity. Alderman Ratke. Thank you, Your Honor. I ask that the report of the committee be accepted and adopted. Motion in second, under discussion. Richard Rios here this evening. He's not here this evening, Your Honor. Thank you, Alderman Ratke. Please call the roll. Kittleson. Excuse me. Cleonis. Manny. Meyer. Montemayor. Radke. Ryan. Sushia. Perhassle. Boren. Berg. Cerda. Davis. And Hannah. 14Is. Motion carries. 1442 by law and licensing. Recommended, denying beverage operators license number 7244 based on his record of violations related to the licensed activity and his habitual violation of the law. Alderman Ratke. Thank you, Your Honor. I would make a motion to refer this back to committee. Second. Motion in second to refer back to committee. Any discussion on that? There being none. All those in favor say aye. Aye. Any opposed? Motion carries. 1443 by finance. Recommended, filing document authorizing the purchase and agent to enter into contract for police facility in city hall architectural services. Alderman Hannah. Motion. Accept and adopt. Accept and adopt. There second. Second. Motion second. Any discussion? Alderman Kielsen. Thank you, Your Honor. I guess I'd just like you to, someone to explain just exactly what does this mean? The filing of, I can tell you what I know. Yes. And if you need further information, we can have Mr. Gephardt. But this particular contract was discussed in finance and the contract was a contract that was in existence and had been, well it had been held for several times. It's a contract that deals with an issue that's no longer in place because a new police station is scheduled to be built at 23rd location at city hall. So although some of those stipulations may still be reworked, it'll be worked in a different form. Okay. Thank you. Okay. Anything else? Please call the roll. Manny. Aye. Meyer. Aye. Montemay-Ore. Aye. Racky. Aye. Ryan. Sushia. Aye. Verhaselt. Aye. Boren. Aye. Berg. Aye. Serta. And Clioness. Aye. 14 ayes. Motion carries. 1444 through 1454 to be referred. Reported committees 8, 1455 by finance recommended approving the revised capital improvements program recommended by the capital improvements commission for the program period 207 through 211 and adopting the 206 program for implementation. Alderman, Hanna. Motion to approve and file. Motion to accept and adopt. Accept and adopt, sorry. And that the resolution be put upon his passage. The resolution be put upon his passage. Is there a second to that? Second. Second. Under discussion. Alderman Kittleson. Thank you, Your Honor. I guess once again could you just, could we have someone from the committee explain exactly what this means just, just to clarify it. What, what does this mean from the capital improvements committee? I can, I can do that too. And if you'd like further explanation, we can ask. This is a capital improvements program that, that's approved every year based on a five year schedule. And these are the recommendations of the capital improvements commission that met and evaluated and prioritized every request that was made from every department. And then it was categorized and then the, the top selections were approved by the committee, by the commission. And subsequent to that, there was an adjustment made in the new, in the costs involved for the police station. May I, may I ask, the police station is not included then in this, in this capital. Yes it is. That's a whole separate issue. No, it's in there. It's in here. Yes. Okay. Then what, do we have a list of the, what are the capital, what are the improvements? You should have had that a long time ago. Yes. No. You don't have that? No. Okay. So I'm just wondering what they are. Mr. Gephard, would you please address this? Thank you. All the little lights here will blink and. Yes. Maybe you can just explain the process. Thank you, Your Honor. I, I believe there was an attachment originally to, well, your document. So you said, no, it's true. That had the five year program as recommended by the commission. It does include a debt issuance in 2007 of $8 million for the police facility. We do have another approximately $1 million of funds on hand. So we're looking at about the total cost of the project of around $9 million. And it also include a city hall remodeling in 2008 of debt issuance of $3.9 million. There is another 2008 project for the wastewater, a 16 street siphon for $1 million. Beyond that, the general program is our cap, as you're aware, for the general program, is $3 million a year for debt issuance. And that is what is being recommended for 2007. That, should I go through what the programs are within that then also? I don't know. I think the, do you want me to? Within this 2007, do you want me to? Yes. Okay. That includes $750,000 for stormwater management, $150,000 for sidewalks, $150,000 for the fire department for major equipment, $1 million for street paving, $150,000 for park improvements, $35,700 for voting machines, $151,741 for financial software, $6,000 for transits CAD system, $500,000 for riverfront improvements, $106,559 for the fire department for station number three for the heating and ventilation system. And that would complete the $3 million for 07. Okay. Please stay up there just in case. Alderman Manning. Thank you, Your Honor. Ah, yes. For Mr. Gephardt, this is an educational moment, especially for folks north side of the city for Eisner Avenue. We had talked about Eisner Avenue being the 07 capital improvements budget. It has been deleted. Is it in the 08 budget, I believe it is? I believe it is in the 2009 budget at this point. It's $370,000 in 2009. I believe I'm correct also that we have to postpone it at least until 2008 to potentially receive dollars from the federal grant monies that would go towards pedestrian biking, further extension and pathways and such. That's my understanding also. It has to be at least 2008, and thus can't be happening in 2007 if we want to get the grant one. Correct. And the schedule for 2009 for $370,000 from the city funds. May I ask Mr. Holton if the 307,000 for 09 is adequate with township money and with federal grant monies? Mr. Holton, please come up. Thank you, Mr. Gephardt. Thank you, Mayor and Council. The whole project is about $2 million, today's dollars, and we don't know what we're going to apply for for the grant money. We're looking at the sidewalks, we're looking at bike lanes, and my best estimate right now is probably looking at hopefully trying to get $5,000 to $600,000 for those two items. Then there's also a split then roughly between town property of 25% of the fridge and the city property is 75%. It's not down to a million and a half and three-fourths of that, you're about 1.2 million. So for total funding on city funds, we're probably looking at it, but we need about a million dollars in 09. The delay is also because of, with that trail money, we have to go through federal design guidelines. We have to do historical research, archeological research, and there's quite a process that takes about two years to go through to get the project ready to go. Mr. Holton. Thank you, Your Honor. Mr. Holton, Mr. Gephardt, and Alderman Manny answered lots of my questions. I appreciate that. Thank you. Alderman Clayunas. Thank you. My questions are answered as well. Thank you. Alderman Ryan. Thank you, Your Honor. What we are saying here by this report is that we are allocating $8.8 million for the Police Department construction budget. Is this correct, Your Honor? Yes. $8 million. Rather than the $13.5 million that was originally passed by Capital Improvements Commission Circle Director. Yes, Your Honor. And that was done about the same time or before the landfill was purchased on North 23rd Street to build our Police Department with a $13.5 million budget. I am... I stood up in this council and said at that point that I had serious reservations about buying a polluted piece of property. And I also had great concerns that after the property was purchased that the budget would be cut and we would be building an insufficient police facility. By us, voting for this is just saying that we are approving the $8.8 million and that it is no longer an issue of discussion. What will this be an issue for the Committee of the Whole? By voting for the Capital Improvements recommendations as they stand if specifically your questions means that it's $8 million for the police station with a million dollars already in escrow. So it would be a total of $9 million. Now, your second phase of that question was there's no longer room for discussion. There's always room for discussion. Thank you, Your Honor. I'm going to vote against this. Alderman Berge, President Berge. Thank you, Your Honor. I guess a couple of questions. The first one is this vital that we passed this tonight. Or can this lay over? I guess my concern is I've seen the earlier versions of the cap improvements program. I've got them at home but for me it would be very handy rather than to have a verbal report to have the spreadsheet that actually outlined the money where it's coming from, etc. And I guess my question is, is this vital that we passed this document tonight? Or can we hold it over so that we each have copies of the spreadsheet so we can speak very specifically to the issues on there? Mr. Gephardt, please step up. We're going to answer your question, President Berge. I guess it is probably the council they wish to do here this evening. The normal process that we have gone through before with the Capital Improvements Commission meeting in August is that the council would have the recommendations in September and generally they have approved those recommendations in September and then that falls into, flows into the budget in the capital project funds and the debt service funds. So at this point it would still be some questions open as we are heading into council in November with the budget at that point. Again, I thought there was schedules that were originally attached to... Originally when this came in, the actual resolution, there was a... Break down. I apologize for not everyone having them. It kind of looked like this on the back of your resolution. There were like three or four pages. So that was the original resolution and then it was referred on. It's not recopied second time around. So if that's what you're speaking of. Right. That was... Would our process be significantly interrupted if we were to wait two weeks and have copies, you know, on hand? If you... I guess I'd be up to the mayor on how much you'd like to do. I can go down and run copies and bring them to you if you'd like to hold the item for later in the agenda or if you wish to hold it for another meeting that's up to the mayor and council. Please don't take offense, Alderman Berg, but it's becoming a very common practice for this council to be indecisive. I mean, over and over and over again, we keep referring things back to committees. If you ask me, I would prefer that this thing get approved and if there's changes. If the police station is the issue, that can be addressed too. We've always done that in the past, but the capital improvements program as presented by the commission, I would hope that it passes. That's all I can say. There's a question for Mr. Giffard. Assuming, obviously, when we bond, it makes sense for our bond council to roll all this up. There's an economy of scale that we achieve when we bond for the largest amount of money. So the nine million represents a starting point. If down the line, for example, as we move along with the police station, could you compare and contrast the advantages of going with nine million now versus waiting a period of time and getting an accurate figure or say nine million now, and all of a sudden we realize we need to in three or four months come back for another two million dollars to build the station that we feel is in the best interest of the community. If that question is clear, could you give me, I guess, an idea of the advantages of doing it all at once or scheduling nine million now and then if we need more, going ahead with that in a couple of months. First to clarify, this would be the program that's being put in place and we'd start planning the debt issuance but they actually wouldn't take place until about March. I mean, at that point that we are ready. Obviously the building has to be designed before it can be bid, but our regular program generally is March to April when we actually issue the debt. So until that time, I guess we would still work with everyone within the process. This would just put the plan in place and for us to work with the architect and everyone else in that pursuit but we would not issue the debt at this time. Additional one million dollars for the police facility, again, there's 20 year bonds. We're looking at about $720,000 right now at the current interest rates. If you took that on a $120,000 parcel, which is considered average at this point, it would be about $4.42 on an average for the extra one million over 20 years. I think it gives you an idea. Please stay up there just in case. I'll learn many your second time. Thank you, sir. I realize that this time next year we'll be passing another such capital improvements budget that we'll look at 2008 and thereafter and that might vary for years 2008 and thereafter as opposed to what this one lays out. I haven't had enough thought put into it for my own perspective to feel clear and clean that the renovation of City Hall to the tune of the dollars listed is absolutely necessary. The question for me and that is how timely is that? Is that better to do later than 2008? So I'd like some commentary about that. This is not any sort of final conversation. We have next year to look at that but that's a helpful discussion for me to entertain for a few minutes here to have a better sense of what City Hall renovation is about, why that's so significant in 2008 and why we need to spend that much money to do it. Alderman Susha. Thank you, Your Honor. First I just wanted to clarify maybe why it appears that some of the aldermen are a little bit confused about where this missing information is. When you look at document 1455 it refers to RO number 280-0607 and also resolution number 1290607 and if we could just ask Madam City Clerk to remind all the secretaries that put together the agendas. To us, the first number is left blank on all of our resolutions and everything when they come to council. The number that's important to us is 14-55. So if there's any way, I've noticed this with other committees it's hard to find the documents when you have over a thousand documents you can look for number 280. So if you could somehow include the number, the handwritten number is the one that makes it easy for us to retrieve it and I'd appreciate some assistance with that. And secondly, just a couple comments in regards to the documents. I know Alderperson Manny asked a few minutes ago in regards to if the 370,000 was going to be enough to remodel our renovate Eisner Avenue project in 2009 and in 2007 we're approving a million dollars for street paving and then in 08 it goes up to 1.5 million and then in 09 it goes up to 1.75. So I would imagine that if we do need to move some more money in the 09 budget we could probably take it out of street paving because that seems like a natural place for the money to come from. And lastly I'll just make a couple comments in regards to the police facility, kind of the price moved around a little bit. I think what was kind of the turning point for me is when you read the contract I currently have signed with Zimmerman's design group by the architect John Saminesh it's for 8.8 million dollars and I think it was, I can't remember the exact square foot so I don't want to misspeak, but what we realized is that the price per square foot was about 130 dollars a square foot and when we approved the 13.5 million that increased the price per square foot astronomically. So for me the reason I voted to go back down to 9 million was because I wanted to hold the architect's feet to the fire. If he signed it saying he was going to build something for 8.8 million which equated to about 130 dollars a square foot, I didn't see why we should change it at that point in the game. He signed the contract. He said he could do it for X amount of dollars and build something so large and basically that is why I think some of us on the committee voted to go back down to the 9 million dollars because we had a signed contract and he needs to be held accountable for what he signed. Thank you. Hold on a second time. Thank you Mr. Mayor. I guess I'm confused though on the price with Alderman Susha was talking about here on the original RFP the total budget for the new police facility is 10.8 so I don't know maybe there's just some confusion there also. Is it possible what I wondered to separate out the police facility from the capital improvements budget can we vote on those items separately I don't know if that's done but is it a possibility to do that? Did you explain the effect of how that kicks off another? In the past generally the capital improvements program has included all the projects and all the proposed debt issuance over the next five years including tax incremental financing so it has been all one encompassing plan and I would think that would be best to keep it intact as such however we handle it. Mayor. Last question. Then what you were saying just so I get a clear understanding we can bond for more money we've got $9,000 right now but we can bond for more in the future if we need it, correct? The city has the debt capacity the more you issue in debt the larger your payments the larger you're going to have to face in the future as far as when you sit here to pass the budget for tax levy increases for debt service. Okay thank you. Alderman Hanna. Thank you Mr. Mayor. I had a lot of the same questions earlier today I talked to John Savanesh and questioned him can we build a police station that meets our budgetary requirements and meets the needs of our police department he assured me that it could be done for this price level but I also asked if we need to make some changes when he gets back to us with the schematics if it's obvious to us that we need to make some changes we've got that flexibility to do that because I wasn't comfortable moving forward unless there was that flexibility level there Mr. Savanesh seemed very positive that we could have a police station built that we'd be very proud of. Alderman Ryan second time. Thank you once again Mr. Mayor I don't look at this issue as this council being indecisive when the property was purchased on North 23rd Street I believe it was done with a unanimous vote or a near unanimous vote and very little discussion because your honor came out and said that we are going to build a 63,000 square foot facility with a budget of $13.5 million that was a decisive statement the council pulled together and made it happen so this is not any indecisiveness on the council right now we do not have enough information if we're going to budget $9 million first of all with the architect we need to give him an idea of what we want we're going to build a 60,000 square foot facility we're going to go multi-story we have 2.7 acres I don't believe at this point that we can go slab on grade and get the size of a facility that we need building on a landfill slab on grade alone we have to do a reinforced slab we have to do a reinforced slab why not excavate get rid of the garbage and build a multi-story structure 20,000 ground floor that holds up the other 40,000 that would be called a garage I think we should give those ideas to the architect and see if he can do that for our $9 million build the facility that we said we were going to build build it for our police department build it for our citizens they deserve it so at this point I would like to I would like to make a motion to hold this document until we have more facts until you have more what until we have more facts until we have more consensus on what we're going to do I'm sorry who did the second I didn't thank you under discussion on just the motion to hold I'm going to turn off all the lights all the lights and then on just the motion to hold I will ask for discussion on the motion to hold first one is Alderman Sushia thank you Your Honor I will not support a motion to hold because I strongly believe we need to move ahead with this project and this appears to be a delayed tactic so I will not support a motion to hold we need to move ahead and build the police station thank you I would like to say though the capital improvements commission met over a series of meetings all of which every Alderman was aware of those meetings that could have attended building news committee met and every Alderman could have attended you've had the information whether you read it or not is another issue but the information has been out there if you need information and you don't have it when you read your agendas call my office call the appropriate department head we will provide you with any information that you need so at this time stop becoming an issue but Alderman Ryan has just proposed is an excellent example of how we go around in circles every time we start talking about this police station we're not here to talk about what's going to be included or not included in the police station all we're here to do is approve or not approve the capital improvements program so that we can move forward that's all we're here to do tonight based on this on the discussion twice the motion to hold Alderman Ryan thank you your honor this is not a delayed tactic we need to get this police department built and we need to do it properly I believe that we need direction on what we're going to build I believe that we need some consensus what are we going to build we don't approve nine million dollars not knowing what we're going to build I do not believe that a two-week delay maybe we can get a committee of the whole meeting together to discuss this issue will be a delay this is not a delay tactic to delay the building of the police department this is an attempt to build a proper police facility thank you Alderman Warren thank you Mr. Chairman I'm also not going to support holding this document I feel perfectly comfortable with the capital improvements budget I attended the meeting of the capital improvements committee I feel very comfortable on the nine million dollars that's been appropriated for the police station but I'm also comfortable to find out tonight that that's not carved in stone that if we do have to increase that nine million dollars it will be possible but I'm not going to support holding this document I think we've got to move on and pass this document and get on with building the police station thank you thank you Alderman Warren Alderman Meyer thank you Your Honor I won't support holding this document either I believe we've already heard that the architect has signed a contract with the city said he will build us the police station we are asking him for it will be adequate for our police department and it will be adequate for our citizens and it's ready to lay the lay and it's time to move forward Alderman Hannah thank you mayor I'm sure that the architect would be happy to give us a couple different pictures of multiple configurations he seemed very receptive to trying to meet our needs Alderman Meyer thank you Your Honor this document also covers stormwater sidewalk fire department equipment street repair building improvements voting machine software transit CAD program riverfront improvements and so forth and so on thank you one more yes thank you Your Honor in one month we're going to have to have a budget for next year I think holding would be appropriate if this was June I think given the amount of time that we have and the crunch we have with if you would tonight we should put this together the pressure we always put on our finance director Rich Gephardt I'm sure he feels like this is tax time for a tax accountant when we put our budget together and so that for me argues that we should move not to hold the document but move it forward as Alderman Borman mentioned I'm comfortable in the fact that nine million dollars does not represent the end figure we have some opportunity to look at the police station given that that's been the area that has certainly generated more heat than light shall we say in our discussion and for me the opportunity is it's open-ended enough that we can as the architects plans develop and as we move towards balancing if you would the need of the police department along with our debt service the ability we have to adjust that either upwards I'm assuming we won't be adjusting it downwards between now and March seems to be a reasonable window of time so in that regard I won't be supporting holding okay let's call the roll on the holding on the motion to hold please Meyer Montemayor Radke Ryan Susha Forhasselt Boren Hanna Kittleson Cleonis and Manny 12 or I'm sorry two eyes and 12 notes motion fails on the motion to put the accept and adopt the capital performance program please call the roll turn him clean just clarification there is a typo in the caption references adopting a 2006 program the text should be 2007 please make that notation thank you attorney McLean can I address Alderman Susha's concern can I address Alderman Susha's concern about the documents yes I just wanted to make a comment with Alderman Susha's looking for documents and the logistics behind it I don't want to spend a lot of time but there's a reason for that I write the documents first the agenda comes after so we'd have to write the documents but I can talk to you about that and maybe we can figure out a way to make it easier but that's how we do it so we can maybe work on something that will make it easier for you to find your documents we'll look at that thank you thank you I just want to follow up on Madam City Clerk's comments it's just a simple matter letting your departments know to put those numbers on there and it takes care of the problem thank you on the motion to pass accept and adopt please call the roll Montemayor Ratke Ryan Susha Rehasselt Boren Berg Serta Davis Hanna Kittleson Cleunas Manny and Meyer Morgan relating to permit fees for initial connection to public sanitary and storm main Alderman Hanna would need a motion to accept and adopt and put the artist upon his passage a motion to sorry a motion to accept and adopt and put upon his passage motion to second under discussion Alderman Susha thank you Your Honor I just wanted to say that this is a wonderful result of putting a squeeze on the budget because what it did is Pete Fullerton in the building inspection department took a look at some of the fees that we're currently charging some of the customers and this in particular situation relates to connecting storm water and sanitary sewers and what they found is they did a comparison to other communities we were charging a hundred dollars for some of these connection fees and other communities are charging upwards of fifteen hundred dollars for connection fee so what they did to help balance their budget is they did change some of the fees up to five hundred dollars and another fee up to a thousand dollars and I think that they should be recognized for identifying an opportunity where it lessens the burden to the rest of the taxpayers if somebody needs to have a sewer connection I think they should have to pay what the surrounding communities are also charging I think that Pete Fullerton and his group should be recognized for coming up with this idea thank you and under the the leadership of Paulette Anders and Pete Fullerton they are doing a wonderful job on the 1456 discussion Ullerman-Born thank you Mr. Chairman I just wanted to reiterate what Ullerman Susha was saying is that while we don't like to raise fees for our citizens these fees as she mentioned compared to other communities are a real bargain whether it be for residential commercial or industrial so I think the funds will be put to good use but we should let the citizens know that compared to other committees this is still a real bargain thank you President Berge thank you and I wonder if we could take the 7 along with that language is essentially the same which passed unanimously through public protection and safety I would have to ask Ullerman Hanna if you would like to incorporate that in your motion who seconded Ullerman-Born would you be agreeable to answer thank you very much we will be acting on 1456 1457 as they are related Vice President Serla thank you your honor we do need to move on to the ordinance under section 26966 under the paragraph a it should read as follows applications for a permit for the privilege of making an initial connection to the public sanitary or storm main should should be changed to shell be accompanied by a fee of and then the list of the following is there a motion yes sir is there a second to that motion okay on the amendment discussion none all those in favor say aye any opposed motion carries to a man now we will vote 456 and 457 as amended and Ullerman Hanna do you have a comment on that sir yeah just one thank you Mr. Mayor in talking to Pete Fullerton again I think it's so important that when we charge these fees that they we start to make some progress if they reflect the cost to the city because if they don't then you've got expenses that are spread amongst all the taxpayers when it only relates to those people having the services done so again Pete's moving us in the right direction this is the way to look at our city as a business thank you Ullerman Hanna okay please call the roll Radke Ryan Susha for Hasselt Boren Berg Serta Davis Hannah Kittleson Clayunas Manny and Montemayor motion carries ordinances introduced 10 1458 through 1461 lies over matters laid over 11 1360 and RO number 2750607 by the city clerk submit an application for a private well permit from Richard Stephanie Alderman Mayer accept and file sorry your honor I lost this here 1360 all we need is a motion to accept and file I've got in my hand I would like to ask for a motion to accept and file motion and second any discussion on that there being none all those in favor say aye any opposed motion carries 1340 resolution number 1360607 by Alderman Graf Hannah Clayunas Susha Boren authorizing a transfer of appropriations in the 206 budget and we have 1340, 41, 42, 43 Alderman Hanna if you would like to take those and just ask for a motion to put them upon the passage let's make a motion and for those three items to put upon the passage there's a motion to second put 1340 41, 42, 43 under passage under discussion there being none please call the roll Ryan Susha Verhasel Boren Berg Serta Davis Hannah Kittleson Clayunas Manny Meyer Montemayor and Ratke 14 ayes motion carries 1351 general ordinance number 380607 by Alderman Vanderheel, Serta, Meyer and Montemayor and Berg relating to two hour parking limits so as to add from 2503 north 7th street north to the south southernmost driveway of Aurora Sheboygan Memorial Hospital Alderman Vanderheel is not here Vice President Serta thank you Your Honor I would move to pass the general ordinance motion and second under discussion there being none please call the roll Susha Verhasel Boren Berg Serta Davis Hannah Kittleson Clayunas Manny Meyer Montemayor Ratke and Ryan 14 ayes motion carries other matters authorized by law 1462 in RC by law and licensing stating that stating the finance of fact for the quasi-judicial hearing to determine whether the beverage operator's license number 4831 should be suspended or revoked and recommended that the license be revoked Alderman Ratke thank you Your Honor make a motion to accept and adopt the report of committee motion and second under discussion there being none please call the roll Verhasel Boren Berg Serta Davis Hannah Kittleson Clayunas Manny Meyer Montemayor Ratke Ryan and Susha 14 ayes motion carries other matters Terry McLean Thank you Your Honor 1463 is an arrow by the city clerk submitting a communication from Anthony Gavanovic Chairman and CEO of the Community Bank requesting an encroachment to run an underground fiber optic line from the corporate office of 604 Middle East Street under the East West Alley to their information technology office across the parking lot of 813 New York A.D. That will be referred to city plan 1464 is an ordinance granting community bank and trust for which we're encroaching upon the described portions of the alley for the installation of the underground fiber optic line That would also be referred to city plan commission 1465 is an arrow by the chief of police submitting quarterly report showing the activities of the police department for the period commencing July 1, 2006 and ending September 30th That will be referred to public protection and safety 1466 is a communication from Robert Shaffer stating his opinions regarding use of cases That will be referred to public protection and safety 1467 is a communication received by the mayor from Rambo J. French requesting a temporary exception to the city ordinance 118-276 requiring a vehicle to be registered until he can have the Texas registration renewed by a son who is deployed in the background And that will also be referred to public protection and safety 1468 is made the final plan of Miller Field located in the southwest corner of Miller Road in the county of Oregon translated by language on the team That will be referred to city plan All those in favor say aye It's down to adjourn