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Greg Greenhalgh of the Water Tower Restoration Committee said the bids were reviewed and evaluated by a team of members of the Historic Preservation Commission and the Water Tower Restoration Committee. Mr. Greenhalgh said the bid from LaMuro Assoc. was for basic hours and they planned on bidding out other services such as reviewing existing drawings and engineering work, so the final cost would be open-ended. He said that Isthmus Architecture is very familiar with historic preservation projects and gave the best presentation. It was indicated that Cold Spring Design of Fort Atkinson would be doing a good portion of the work for Isthmus Architecture on this project. The Jeffris Foundation has also approved the use of Isthmus Architecture. Cm. Lescohier, seconded by Cm. Mielke, moved to approve the contract for architectural services for Phase II of the 1901 Water Tower project to Isthmus Architecture, Inc. of Madison, at a cost not to exceed $14,150. On call of the roll, the motion carried unanimously. 6. RESOLUTIONS AND ORDINANCES None. 7. REPORTS OF OFFICERS, BOARDS AND COMMITTEES Cm. Mielke, seconded by Cm. Schultz, moved to accept and file the minutes of the Police & Fire Commission meeting held May 13, 2010; the minutes of the Jefferson County Economic Development Consortium meeting held May 12, 2010; the minutes of the Ordinance Committee meeting held June 14, 2010; the minutes of the Ordinance Committee meeting held June 17, 2010; the minutes of the Historical Society Board meeting held May 20, 2010; the minutes of the Planning Commission meeting held June 22, 2010; the minutes of the Ambulance Advisory Committee meeting held June 28, 2010; the minutes of the Cable Television Committee meeting held June 21, 2010; the Electrical, Building and Plumbing Permit Reports for June, 2010; and the minutes of the Historical Preservation Commission meeting held June 1, 2010. The motion carried on a voice vote. 8. UNFINISHED BUSINESS a. RECOMMENDATION FROM ORDINANCE COMMITTEE TO ADOPT ORDINANCE AMENDING SECTIONS 2-53 AND 2-54 PERTAINING TO PUBLIC COMMENT SESSIONS AT COUNCIL MEETINGS. The following Ordinances were displayed on the overhead projector at this time: "DRAFT"
ORDINANCE NO. _____
"DRAFT"
ORDINANCE NO. _____
The City Manager said the only change to the first "draft" ordinance is the addition of item number 5, "public comment." The Ordinance Committee suggested this placement, because it would be a better fit to take place after the public hearings item. The second Ordinance displayed covers the rules and bylaws the Committee is recommending for the public comment sessions. Pres. Gray reviewed the highlights of the Ordinance Committee's recommendations. One recommendation is there is no time limit at any meeting for public comment, however the Council does reserve the right to limit the time. Individual speakers would have three minutes to address the Council and time cannot be deferred to another person. There will be a sign up sheet requiring the speakers name, address, subject matter of comments, phone number (optional) and email address (optional). Signing up to speak will take place until the public comment session begins. Speakers will be called to speak in the order in which they signed up. Political topics of any nature, issues regarding or with City Staff and any subject not relevant to the interest of the City will be prohibited. Pres. Gray said that comments made by Council members during this public comment session will be limited to clarification questions, and those participating in open comment sessions would be advised in advance that there would be no action taken or resolution to their issue unless it were an agenda item at that meeting. Cm. Lescohier said he is not convinced yet that this ordinance is in its final draft. He said in essence we have had public comment periods on the agenda items all along. The Council has given the public a chance to participate in deliberations whether or not an item was up for a public hearing. He said this has served the Council and Committees well. To suggest that citizens have left the Council Chambers frustrated and that they weren't given a chance to speak their mind is misleading. He said there have been two editorials and two front-page news articles regarding this issue, and he has only heard from one citizen. He said that he was contacted a week or so prior to any discussions by the Ordinance Committee about his thoughts on the topic of adding a 15-minute public comment period before the Council meetings. During the Ordinance Committee meetings, comments were made by the City Attorney and five different Department Heads who had legitimate concerns with what is being proposed. Cm. Lescohier said those concerns should get the same consideration as the one citizen. He feels that we are overreaching to fix something that was not broken in the first place. Cm. Lescohier went on to say that he had contacted at least 12 citizens of the community and asked them what their preferred method of communicating comments, suggestions and complaints with the City Council would be. Across the board, the answer was e-mail. Two of them suggested the phone would be their preferred means of conversation. He also asked the citizens who he contacted if the Council were to have a public comment period, if they would be likely to address the Council in person at a meeting. The answers almost universally were "likely never" or "not at all." He said there were a few replies indicating "only if it were something that I feel really passionate about." Cm. Lescohier said he feels there are still some issues on the rules and bylaws that need to be worked out. Cm. Schultz said since he has been on the Council there has not been a problem with people being able to speak on agenda items. He said he received an e-mail from a former Council member telling him that he thought this was a great idea. That former Council member indicated however, that in the past people were not given the opportunity to speak on an item as they are now. He said he has spoken with members of the County Board and they don't know why the City is getting into this discussion. He said if there is a problem with this, we do have the option to tweak it for more clarification. He said this is one more tool to try to help the community feel that we are listening to them. Cm. Camplin said he is glad to see the depths of concern from City Staff and fellow Council members. He does not deny any of the arguments brought up in the meetings. This is another facet for Council members to be contacted. Cm. Mielke said he agrees there are issues. He noted that by reading the Committee Minutes there was a lot of engaging in what ifs. He thinks it is responsible for Council members to engage in what ifs. He said this would encourage people to come and speak to the Council. The reality is that there is a huge amount of time when citizens can contact Council members, with a small time when they are not available to discuss matters because they are in an officially called meeting. Cm. Mielke said the agenda does serve a purpose, as it notifies the public as to the matters being discussed at a Council meeting. He stated that he does not feel that the public is lacking the ability to contact Council members at this time and they can participate in deliberations. Cm. Schultz, seconded by Cm. Camplin, moved to combine the two ordinances presented at this meeting into one for consideration. The motion carried on a voice vote. Cm. Schultz, seconded by Cm. Camplin, moved to approve the recommendation from the Ordinance Committee. Cm. Mielke said we cannot move to approve the recommendation of the Ordinance Committee until the Ordinance is moved through its second and third readings, and he does not feel it is the Council's intention to do that at this time. He therefore suggested this motion be withdrawn or be voted down and the item be placed on the next Council agenda for its second reading. Cm. Schultz and Cm. Camplin agreed to withdraw their motion. Cm. Lescohier said he would like to see the speakers only given one option on where to sign in to speak, not two as proposed. He also said there should be a cut-off time to sign up to speak and suggested that time possibly be 7:00 p.m. Cm. Camplin agreed that after the public hearings items, the sign up to speak should be cut off. Cm. Lescohier said there are more specifics that need to be worked out yet, such as who will time the speakers, what will the process be when someone continues past the three minutes and how will speakers that bring up personnel matters be handled. Cm. Gray said this was the first reading of the proposed Ordinance and it will appear again on the next agenda for further action. b. REVIEW AND APPROVE BIDS FOR DATA CABLING IN THE RENOVATED AND EXPANDED LIBRARY. The following bids were received:
The Library Director said after reviewing the bids, contacting references, verifying insurance and discussing prevailing wage matters, the Building Committee and IT personnel are recommending the data cabling project be awarded to infinIT llc. It was pointed out by the Library Director the bid amount did include sales tax and the City is exempt from paying sales tax, therefore the bid was reduced to $19,738.00. Cm. Schultz, seconded by Cm. Mielke, moved to approve the bid from infinIT llc in the amount of $19,378.00 for the data cabling project at the Library. On call of the roll, the motion carried unanimously. c. REVIEW AND APPROVE QUOTE FOR SHELVING FOR LIBRARY PROJECT, AND ACCEPT IN-KIND DONATION. Mark Haubenschild of the Spacesaver Corporation addressed the Council at this time. He said their quote for providing shelving for the renovated Library totals $88,144.00. He further informed the Council that Spacesaver is making a donation in-kind for this project in the amount of $90,301.00. Cm. Schultz said when he became a Council member he took a tour of the various City Departments and was told by numerous Department Heads that Spacesaver has donated items to their Departments as well, and thanked Spacesaver for that. The City Manager said the City also received a donation from Spacesaver employees who uninstalled and moved shelving from the Library to their temporary location at no cost to the City, and said the City is extremely grateful for this donation as well. Cm. Mielke, seconded by Cm. Camplin, moved to approve the quote for shelving for the Library project in an amount not to exceed $88,144.00 and to graciously accept the in-kind donation of $90,301.00 from Spacesaver Corporation. On call of the roll, the motion carried unanimously. 9. NEW BUSINESS a. AUTHORIZE REFUND OF CITY'S SHARE OF SPACESAVER'S PERSONAL PROPERTY TAX, CHARGING BACK OTHER TAXING JURISDICTIONS, AND APPROPRIATION OF $1,400 FROM GENERAL FUND. The City Clerk said earlier this year the City refunded Spacesaver for a portion of their real estate taxes and this request is for their personal property taxes. The original assessment was $828,200, which has been reduced to $633,400. The net tax loss to all taxing jurisdictions is $4,029.38. Cm. Schultz, seconded by Cm. Lescohier, moved to authorize the refund of the City's share of Spacesaver's personal property taxes, charging back other taxing jurisdictions for their proportionate shares and to appropriate $1,400 from the General Fund. On call of the roll, the motion carried unanimously. b. REVIEW AND APPROVE NO BUILD EASEMENT WITH HP HOLDINGS FOR PROPOSED DEVELOPMENT AT NORTHEAST CORNER OF ROBERT STREET AND WEST MILWAUKEE AVENUE. The City Manager stated there is a proposed development for this parcel and this easement will allow their building to have windows and doors in the wall adjacent to the park property. Cm. Mielke, seconded by Cm. Camplin, moved to approve the No Build Easement with HP Holdings for a proposed development at the northeast corner of Robert Street and West Milwaukee Avenue. The motion carried on a voice vote. c. REVIEW AND APPROVE BIDS FOR PURCHASE OF STREET SWEEPER FOR DEPARTMENT OF PUBLIC WORKS AS BUDGETED. The following bids were received:
The City Manager indicated there is $225,000 in the budget for this purchase and it is part of the City's Stormwater Utility requirements. He said the City is looking at the possibility of a lease-to-purchase for this piece of equipment. The lease would be for three years at an interest rate of 3.99 percent. The lease payment would be approximately $66,000 per year. The Superintendent of Public Works said he was very pleased with the bid amounts. He said the full amount of the lease payments will be applied to the purchase price. He said he has also seen each brand of the equipment in a demonstration and is happy with their performance. The Superintendent said he is recommending the 2008 demo model from Bruce Municipal Equipment, as the other two bidders missed some specifications set forth in the bid documents. Some of the missed specifications were significant, such as the fan drive system, steering mechanism or braking capacity. Another of his considerations is that Bruce Municipal Equipment has been an Elgin Sweeper dealer for 55 years and therefore would make any parts needed in the future readily available. Cm. Lescohier, seconded by Cm. Mielke, moved to approve the bid for the 2008 demo Elgin Sweeper from Bruce Municipal Equipment Inc. at a cost not to exceed $182,959, and to enter into a three-year lease-to-own contract. On call of the roll, the motion carried unanimously. 10. MISCELLANEOUS a. GRANTING OPERATOR LICENSES. Cm. Mielke, seconded by Cm. Schultz, moved to approve the following list of applicants for operator licenses for the 2010-2012 license period: Regular for 2010-2012:
RENEWALS FOR 2010-2012::
The motion carried on a voice vote. b. SPECIAL BEER LICENSE FOR CARNIVAL DAYS BRAT STAND ON JULY 30-31, 2010. The City Clerk said this is for the brat stand, which will be at South Water Street East in front of the plaza area and is an annual request by the Chamber. Cm. Schultz, seconded by Cm. Lescohier, moved to approve the Special Beer License for Carnival Days Brat Stand on July 30-31, 2010. The motion carried on a voice vote. c. SPECIAL BEER LICENSE FOR RHYTHM ON THE RIVER ON AUGUST 28, 2010. Cm. Camplin, seconded by Cm. Mielke, moved to approve the Special Beer License for Rhythm on the River August 28, 2010. The motion carried on a voice vote. d. SPECIAL WINE LICENSE FOR SUMMER PARTY AT HOARD MUSEUM ON JULY 18, 2010. Cm. Camplin, seconded by Cm. Mielke, moved to approve the Special Wine License for the Summer Party at the Hoard Museum on July 18, 2010. The motion carried on a voice vote. e. REQUEST FOR PREMISE DESCRIPTION CHANGE FOR LIQUOR LICENSE FOR BIENFANG'S BAR AT 28 NORTH WATER STREET, EAST. The City Clerk said the request is to add a deck on the east side of the bar to the premise description. Pres. Gray asked Mr. Bienfang if he had contacted the property owners of the condominiums directly to the east of this building regarding this proposal, and he said he had not. Cm. Camplin, seconded by Cm. Lescohier, moved to approve the premise description change for liquor license for Bienfang's Bar at 28 North Water Street, East. The motion carried on a voice vote. 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Cm. Schultz, seconded by Cm. Mielke, moved the bills in the amounts of $754,869.58 for the City (Fund 1); $55,142.57 for the Sewer Utility (Fund 2); $109,977.74 for the Water Utility (Fund 3); $137.92 for Stormwater Management (Fund 10); $3,642.57 for Downtown Economic Development (Fund 13); and $149,818.61 for Payrolls 12 and 12A per Schedule O-22 on file in the office of the City Clerk/Treasurer and as audited and approved by the Finance Committee be allowed and orders be authorized drawn on the proper funds for their payment. On call of the roll, the motion carried unanimously. 12. ADJOURNMENT /s/Matt Trebatoski
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