Police chief closing in on a new four-year contract

Police Chief Kurt Wahlen (second from right) talks with Public Works Commissioner Rick Jones, City Attorney Rob Weber (far left) and Information Systems Director Paul Ancona (far right). WRJN reporter Tom Karkow looks on.  

Police Chief Kurt Wahlen is negotiating a new contract with the city, according to sources.

Wahlen was hired in September 2006. His current contract runs out later this summer. Sources say Wahlen is close to reaching a new four-year deal to continue leading the city's police department.

The Police and Fire Commission, which is responsible for oversight of the chief and the department, discussed Wahlen's contract at its April 20 meeting. (Minutes of the meeting are not posted on the city's website.)

The commission is scheduled to next meet on July 13. No agenda has been released for the meeting.

Bowersox brings energy, fresh ideas to Racine Health Department

Board of Health meeting, June 8, 2010.

Public Health Nurse Dottie-Kay Bowersox is hitting her stride as the head of Racine's Health Department.

Bowersox (no relation to the American Idol finalist) started working for the city in February. She's spent the last four months getting acquainted with the department and is working with employees to prioritize recommendations for improving the department and what she should be working on.

Along with conceptual planning Bowersox has made concrete changes to the department. In May she organized the first of four closure dates for the department to focus on planning and cleaning. The department shut down to the public on a Thursday and used the day to throw out old materials and clean areas for the first time in many years.

Bowersox wrote to city employees:

I am pleased to announce that Health Department personnel were the heroes of the day and made a significant dent in reducing unwanted /unnecessary materials. This is the first time in many years this type of event has happened. So when you see the recycling, shredder and / or equipment trucks leaving the back parking lot full … you have us to thank for it.

The Health Department will also be closed on July 29, Sept. 30 and Nov. 18 - all Thursdays. The cleaning and organizing dates portend a big change for the health department, according to Bowersox's monthly report to the Board of Health. Bowersox said the department may be moving to a new location by the end of the year.

She also brought an innovative idea with her from Michigan. Bowersox and the Health Department are organizing a small Farmers' Market outside of City Hall beginning in July for people who receive fresh produce vouchers from WIC. The idea is to catch recipients as they walk out of City Hall, where they pick up the vouchers, and get them shopping for healthy foods.

Bowersox located two local farmers who are certified by the state to sell produce outside of City Hall. Sales will be open to the public, but the focus will be on WIC recipients, she said.

A similar program Bowersox oversaw in Michigan had success, she said.


Bowersox drew compliments from Board of Health members at their Tuesday meeting. The board liked her monthly report, calling it informative and helpful.


It appears to be a solid turnaround for a department that struggled for over a year under the past public health nurse, who was essentially fired by the City Council. Her departure left a leadership void in the department existing staff filled for several months until Bowersox was hired.

The decision, so far, appears to be working out.

A couple of other Health Department notes:

BUDGET: The city will start work on its 2011 budget in July. Departments are already meeting on their spending plans for next year, and they'll receive direction from Mayor John Dickert and City Administrator Tom Friedel on what to expect for spending next year.

COUNTRYSIDE: Bowersox was talking with Countryside Humane Society as news broke that hundreds of pets received expired vaccinations. Her report said 507 animals vaccinated on the one-year cycle and an unknown number of pets on the 3-year cycle would need to be revaccinated. Countryside has scheduled four clinics over the next four months to revaccinate animals.

INFANT MORTALITY: Awhile back a Madison newspaper used a former Racine resident's story to highlight the city's significant decline in its infant mortality rate, particularly among African-American mothers. The story suggested the woman moved from Racine to Madison and received better care, which allowed her to give birth to a healthy baby after miscarrying in Racine. It also celebrated Madison's success at lowering its rate. That celebration was put on hold late last year when it was revealed Madison's infant mortality rate had shot back up, erasing all of its gains in a single year. Researchers don't know why, and they're hoping it was just a bad year.

Fight over CAR25 consultant may change city law

Remember the fights earlier this year about the mayor hiring a public information officer and trying to hire a consultant for CAR25?

Both may be history if the City Council approves a change in how the city bids out contracts for professional services. Aldermen Terry McCarthy and Greg Helding won support Monday night for their proposal to require the city to bid out any professional services contract that exceeds $25,000. Right now professionals services, such as legal fees and consultants, are exempt from competitive bids.

The council's Finance and Personnel Committee approved the new bidding process Monday. Along with requiring bids for contracts over $25,000, the new policy also directs the city's purchasing manager to secure and record three informal bids for contracts under $25,000, if practical.

The new ordinance is expected to effect about 12 city contracts. Legal fees that average less than $50,000 per year of a contract are exempt under the proposed changes.

The bidding process came under review earlier this year after controversy arose over Mayor John Dickert's plans to award a $40,000 no-bid contract to a local TV producer to overhaul CAR 25. The mayor was also questioned about awarding RAMAC a contract to hire PIO Mark Eickhorst for $25,000 without taking bids.

Both contracts would require competitive bids under Helding and McCarthy's proposal.

Proposed West Racine grocery store, gas station is dead

The JT's Paul Sloth is reporting tonight that Tom Tousis's plans to build a grocery store, restaurant and gas station in West Racine is dead.

Tousis and the city split ways after the city concluded Tousis's project was not worth enough money to pay off loans the city took out to demolish buildings on the site at the corner of Washington Avenue and West Boulevard. But a number of factors complicated the roughly $3 million development, which was one of the largest new construction commercial projects on the table in the city in the past year. 

Initially, Tousis faced opposition from West Racine business owners who were opposed to a gas station on the site. Opponents were concerned the gas pumps were a bad fit for an area that prides itself on small businesses and being walkable. 

A number of supporters mobilized in favor of Tousis's project, including local labor unions looking for a sizable project to create new jobs. Tousis had vowed to use local union workers for the job. 

Tousis's plans hit a snag when his team discovered a sewer pipe running through the property. The discovery forced them to downsize a $5 million project to between $3 million and $4 million (there was disagreement on the number), a reduction that ultimately doomed the project. It may also jeopardize future plans for the site. Along with the sewer pipe there's evidence the property could be contaminated from past use, including a mechanic's shop and as a dump for foundry slag. Both factors, as well as some complicated utility easements, will make new construction on the site challenging. 

(As an aside, the Department of Natural Resources awarded the city a $40,075 grant in 2007 to remediate a small brownfield site, the former Wisconsin Muffler Property at 3124 W. Washington Ave., across the street from the land Tousis wanted to build on. Gov. Jim Doyle announced the grant in a press release sent statewide. But in 2008 the city returned the grant and told the DNR they didn't want to use the money, according to a DNR official. 

"It doesn't sound like they did any of the cleanup work they were proposing or did anything to create the green space," said the official, who reviewed the state's official records on the brownfield grant.)

The city and Tousis are now playing out the end game of roughly a year's worth of back-and-forths over the West Racine project. The city's Redevelopment Authority actually granted Tousis an option on the site, and Tousis paid the city $5,000 for the option. 

The RDA then decided it needed to reconsider the timeline for the project, which set off the final round of negotiations that led to the proposal's collapse. The RDA is now expected to vote next week to cancel the option and refund Tousis's $5,000. The proposal only needs RDA approval, according to a memo from Brian O'Connell. 

As for the city, it's begun to look at new projects. One idea is to work with the Wisconsin Housing and Economic Development Authority to build a housing development for the deaf and blind. While WHEDA has turned down Racine projects in recent years, the West Racine project could move forward because it has a unique purpose, according to an insider. But even with the unique focus it will be difficult for the city to obtain the loans. 

Here's the resolution the RDA is expected to vote on next week:

REDEVELOPMENT AUTHORITY RESOLUTION 10-17 

WHEREAS, on December 14, 2009, by resolution 09-30, the Redevelopment Authority granted an option to Tom Tousis (d.b.a. Better Day Petroleum Company) to redevelop the Authority’s properties in the 3101-3121 block of Washington Avenue; and 

WHEREAS, Mr. Tousis has requested that the deadlines in the option be amended to provide additional time to complete project design, obtain regulatory approvals, and arrange financing; and 

WHEREAS, representatives of the Authority and Mr. Tousis have been unable to reach a mutually acceptable agreement on terms and conditions for the extension. 

RESOLVED, that the option granted to Tom Tousis (d.b.a. Better Day Petroleum Company) to redevelop the Authority’s properties in the 3101-3121 block of Washington Avenue is not extended; and 

FURTHER RESOLVED, that in recognition of the good faith efforts by both parties and their mutual desire not to incur additional costs related to the development proposal, the Executive Director is authorized and directed to refund to Mr. Tousis his option fee of $5,000.00. 

Fiscal Note: Funds are available for the refund of the option fee.

And here's the memo City Development Director Brian O'Connell sent to the RDA about the resolution:

DATE: June 3, 2010 

TO: Commissioners, Redevelopment Authority 

FROM: Brian O’Connell, Director 

SUBJECT: Agenda item 10-4655: Request by Karen Sorenson on behalf of Tom Tousis requesting an extension of deadlines for West Racine redevelopment project. 

This item was deferred from the Authority’s meeting of April 7, 2010. 

During the its review of the request, staff became aware that the likely assessed value of Mr. Tousis’ development would be less than the value on which the Tax Increment District (TID No. 11) project plan for the redevelopment area was based. The Authority deferred action on the request to provide an opportunity for Mr. Tousis and his representatives and city representatives to explore alternatives for increasing the assessed value on the property. 

City and Mr. Tousis’ representatives met twice during the following weeks and exchanged information between the meetings. Despite good faith efforts by both parties and a serious review of alternatives, we were unable to reach a mutually acceptable solution. Therefore, I am recommending that the Authority not grant the requested extension. 

In recognition of the good faith efforts by both parties and the mutual desire not to incur additional costs related to the proposal, I am also recommending that Mr. Tousis’ option fee of $5,000 be refunded to him. 

I have prepared a resolution for the Authority that will accomplish these recommendations. (See attachment.) 

If you have any questions about this item prior to your meeting on June 10th, feel free to call me at 636 – 9478.

Blind Alligator hearing is tonight

Local bar The Blind Alligator, 1655 Taylor Ave., will fight for its liquor license tonight during a hearing before the Public Safety and Licensing Committee.

The Racine City Council voted in February to try and take the bar's license to sell alcohol. Police made 144 calls to the bar over an 18-month period and the health department reported several sanitation violations on the premises.

The council's Public Safety and Licensing Committee is scheduled to hold a due process hearing that is, essentially, a trial with The Blind Alligator as defendant and the committee as the jury.

Following the hearing, the committee will deliberate in closed session and then meet in open session to create the necessary report.

Committee members include: Chairman Aron Wisneski, Alderman David Maack, Alderman
Jim Kaplan, Alderman Robert Mozol and Alderman Eric Marcus. 

The hearing is scheduled to begin at 5:30 p.m.

Mayor criticizes Racine police for parking squad cars out of sight

A police officer parked near the Pershing Park boat launch.

Mayor John Dickert criticized city police officers for parking their squad cars out of the public's sight while on active duty, according to city records.

Dickert wrote an email to Police Chief Kurt Wahlen on Feb. 4 saying he had received complaints from city residents about officers parking in out-of-the-way areas. He and City Administrator Tom Friedel also had a conversation with Deputy Chief David Smetana in January on the same issue, and at least one conversation prior to that.

"As I have said in the past and will continue to reinforce; we have an increase in street crimes and burglaries lately, for officers to take a break or do their reports in areas that make taxpayers feel like they are hiding is unacceptable," Dickert wrote to Wahlen.

RacinePost obtained the mayor's memo, along with emails from Wahlen and Smetana, with an open records request, which was promptly answered by the city.

In his email, Dickert cited three complaints he had received about officers.

One was a text from a taxpayer about two officers parked in Rooney Pugh Park at the end of Riechert Court.  The second involved two police cars parked at Washington Park Golf Course behind trees and the third was from city staff telling him about officers parked under the viaduct next to City Hall.

"I cannot begin to tell you how much respect I have for the officers, but it is issues like this that I cannot defend," Dickert wrote. "If they have to do work or talk, please remind them to do it in public. It is often the mere presence of the officers that keep people in line and make them feel more comfortable."

Wahlen responded to Dickert by saying his concerns would be read to the entire police department. He added that without more specifics, such as a squad car number or the time of day, it was difficult to investigate the residents' complaints.

"It is important to remember that we cannot really judge the officers without finding out the details," Wahlen wrote to Dickert on Feb. 4.

Smetana wrote to the police department's shift commanders on Jan. 11 about conversations he had with Dickert and Friedel about officers parking out of the public's eye.

"I have once again been approached by the City Administrator and Mayor in regards to seeing marked squads tucked away in obscure locations," he wrote.

Sgt. Martin Pavilonis, a spokesman for the Racine Police Department, said on-duty officers typically park their squads in out-the-way locations for safety while doing paperwork, planning strategy, or taking breaks.

Officers spend most of their shift on the road working out of their car, he said.

"Their office is their squad car," Pavilonis said.

Safety is an important consideration when officers park their cars for breaks or to write paperwork. Parking in vacant lots or off the roadway helps officers spot anyone who approaches their car while they're distracted writing up reports, Pavilonis said.

"It's hard to sneak up on them if they're out in the open," he said.

He added it's hard to judge what officers are doing in parked cars. They may be writing reports, watching a crime trouble spot or rounding up high school truants. Officers also may be taking a break or just talking to another officer, similar to co-workers in any office. The only difference is police are in the public's eye, Pavilonis said. 

"We don't see inside of City Hall offices," he said. 

Pavilonis said officers did not get upset when Dickert's letter was read to them during patrol shift meetings. They took the memo under advisement, he said. 

"Chief is the chief of police," Pavilonis said. "If it's his directive, then that's how it is."

Here is the full text of Mayor Dickert's memo to Chief Wahlen (reprinted exactly as original): 

From: Dickert, John

Sent: Thursday, February 04, 2010 11:45 a.m.

To: Wahlen, Kurt

Cc: Friedel, Thomas

Subject: PArking vehicles

Kurt, I have had numerous calls and text messages from constituents from residents regarding our officers parking in areas that make them look as if they are hiding from the public. 

1. A text from a taxpayer that two officers were parked in Rooney Pugh park at the end of Reichert Court.

2. Two cars were parked in the Washington park Golf course parking lot behind trees and talking. 

3. Staff contacting me about officers parked under the viaduct in the lower parking lot next to city hall! 

As I have said in the past and will continue to reinforce; we have an increase in street crimes and burglaries lately, for officers to take a break or do their reports in areas that make taxpayers feel like they are hiding is unacceptable. 

I cannot begin to tell you how much respect I have for the officers, but it is issues like this that I cannot defend. If they have to do work or talk, please remind them to do it in public. It is often the mere presence of the officers that keep people in line and make them feel more comfortable.  

If you have any questions, please don't hesitate to call. These are only three of a number of calls I have been receiving since I started. Please see that the officers understand the important positive role they play in our city. 

John Dickert

Mayor of Racine

730 Washington Ave. 

Racine, WI 53403

(262) 636-9111

Chief Wahlen's response:

From: Wahlen, Kurt

Sent: Thursday, February 04, 2010 3:40 PM

To: Dickert, John

Cc: Friedel, Thomas; Smetana, David

Subject: RE: PArking vehicles

Mayor: Your e-mail will be read in its entirety to every sworn member of this police department and the directive about remaining in plain view will be reiterated and enforced. However, it is difficult for me to dress down the troops on general complaints when I do not know any particulars other than a vehicle was, at some point, at a particular location. After all, it is possible that the officers could be at a particular location for good reason - such as chasing truants below Park High School. Without knowing the squad number and the time of day, we cannot follow-up on these complaints. Further, if they are on the dinner break, they have the right to be most anywhere enjoying a few quiet minutes with a sandwich. 

I request that you please forward complaints concerning police performance to the department, or send these parties to the Department's website. I have the complaint forms there posted in both Spanish and English. We will follow-up on all of them. Those contacting you could phone the Shift Commander, D/C Smetana or even me directly. Phoned in complaints will be followed up as well. 

Again, it is important to remember that we cannot really judge the officers without finding out the details. We do have GPS information we could possibly use to research any complaint if we were given a few details; squad number, date, time and location. We did use this GPS information to force one member of this department to resign recently. 

Over all, the members of this department have been doing a great job. Crime is down significantly. We caught two burglars on day shift quite recently after they broke into a house near Lathrop and Washington Ave. These offenders were plaguing residences in Racine as well as in Kenosha. 

Kurt 

Email from Deputy Chief David Smetana to shift commanders:

From: Smetana, David

Sent: Monday, January 11, 2010 2:20 PM

To: Polzin, Michael; Purdy, Robert; Lopez, Carlos; Esch, Mark; 

Cc: Wahlen, Kurt

Subject: 10-84 locations 

Gentlemen, 

I have once again been approached by the City Administrator and Mayor in regards to seeing marked squads tucked away in obscure locations. One of the locations mentioned specifically was across from Three Door during the early morning hours, let your officers know that any measures they could take to be more visible during paperwork or 84 transactions would be much appreciated. The officer's visibility lends to the general public's perceptions about them and their activity. Meeting while turning in paper work or other meetings between officers near busy intersections or problems areas may assist in the public's perceptions about police coverage in the City. One suggestion is to have supervisors name more visible locations when calling for and collecting paperwork. 

Feel free to put your own spin on this to the officers you command, I am very proud of the Patrol Division and the job they do. Do not pass this on as an indictment of those efforts. 

Dave

Dickert fundraiser is June 8

A fundraiser for Mayor John Dickert will be held Tuesday, June 8th at the home of Doug and Sara Nicholson. 

The fundraiser will take place as the Brewers take on the Chicago Cubs. Tailgate will run from 5:30-7:10 p.m. and the fundraiser will last throughout the game.

Additional hosts include: Gus Antonneau, Dave Brown, Jeff Hoey, Jeff McKeown, Doug Nicholson, Mark Patzke, Chuck Christofferson, John Crimmings, Herb Katt, John Kopulos, Ian Lang, Tom Marini, Chad Novasic, Eric Petersen, Jennifer Thoennes and Eric and Lisa Olesen.

The minimum donation is $25. If you'd like to attend, RSVP to Mark Patzke at: mpatzke@multiproducts.com

Video: Mayor Dickert stopped for speeding in December

Video of Mayor John Dickert's traffic stop on Dec. 12, 2009 on N. Main St. 
Video provided by Racine Police Department.

A city police officer stopped Mayor John Dickert for speeding Dec. 12, 2009 in the 1200 block of North Main Street. Dickert was going 40 mph in a 30 mph zone at about 10 a.m. on a Saturday. He did not receive a ticket. There is no police report on the stop.

Video of the traffic stop, obtained with a records request to the police department, shows a brief, cordial encounter between Officer Bob Bojcic and Dickert near Jane Elementary School. Bojcic was conducting a speed wave near the school after the department received complaints about traffic.

Here'a transcript of the video:

Prior to exiting squad car: 

Officer Bojcic: 1200 block of North Main (indecipherable)

Talking to Dickert:  

Dickert: Hello, boss.
Officer: (indecipherable) You're the boss, aren't you?
Dickert: (laughs) Not always
Officer: Not always?
Dickert: What's going on?
Officer: Not much. We had a Speed Wave back here 40 in 30
Dickert: Oh (indecipherable) Sorry ... I was going to a radio show down in Kenosha
Officer: Yeah. Because of the school over there and the crossing guard always has fits over there so we come out here to do a speed wave out here to try and slow the traffic down it's like a race track out here, you know?
Dickert: It's actually a good idea.
Officer: Keep it down.
Dickert: You got it.

Sgt. Martin Pavilonis, spokesman for the Racine Police Department who had watched the video, said proper procedures were handled during the stop.

It's up to the officer's discretion on whether a driver gets a ticket, Pavilonis said. He said it was not unusual for a stop to take about 3 minutes when the officer does not issue a ticket.

There is no set policy on an officer's actions when they pull over an elected official like the mayor, Pavilonis said. If a police officer stops another police officer there is a policy to follow, he said, but that doesn't apply to the mayor.

As for the mayor's conduct, Pavilonis said he acted appropriately. "I don't think he asserted his rank as mayor," he said. "I don't think that's the case at all."

RacinePost requested video of the traffic stop after receiving a tip that the mayor was stopped. The city promptly answered a records request and provided a DVD of the stop from an in-squad video camera with audio collected from a microphone officers carry as part of their uniform.

Municipal judge sues city over deputy clerk appointment

The city is being sued by an unlikely source: Its own municipal judge.

Judge Mark Nielsen filed suit against the city and AFSCME Local 67 in February over the appointment of a deputy clerk. The case revolves around two applicants for the job in Racine's municipal court. Nielsen interviewed both candidates and selected an employee from the Racine Police Department for the job. Local 67 opposed the hire because the applicant didn't follow property procedures in applying for the job. That left only one candidate, who the union said should get the job.

Nielsen disagreed, arguing the union's rules shouldn't overrule his authority to appoint a deputy clerk.

"The process of collective bargaining, however, does not empower the City administration to barter away the authority of a judge," Nielsen wrote in court records.

The result is that two city employees - both applicants are Local 67 members - are in limbo until the case is resolved. Judge Richard Kreul is presiding over the case.

Deputy City Attorney Scott Letteney is representing the city and Attorney Aaron Halstead is representing AFSCME.

City takes another run at developing Walker site

Walker site, take two. 

The city is preparing to make another run at building on 10 acres of land just north of the Root River along Lake Michigan that is the former home of Walker Manufacturing. The new proposal is scaled down from the pre-bubble ambition of Pointe Blue, a $200 million development that fell apart in 2007, but still aims to build 370 residential units over the next decade. 

Unlike Pointe Blue, the $74.1 million proposal probably won't be built by a single developer, City Development Director Brian O'Connell said. Instead, it will likely resemble the successful Gaslight Pointe development, which resulted in a handful of successful high-end residential developments along the lake front. 

The city is hoping for the same for the Walker site. But before it can begin courting developers, it has some work to do cleaning up the property. 

The former manufacturing site is polluted and needs to be remediate before new construction begins. The site also needs roads and utilities to attract builders. The city plans to lean on successful past developments to pay for the needed improvements, which are expected to cost $15,551,000. 

On Wednesday, city development officials laid out a proposal to extend the life of the tax increment district used to pay for Gaslight Pointe to pay for work on the Walker site. TIDs allow the city to use property taxes from a specified area to pay off loans taken out to spur new development. They usually last 30 years. 

The Gaslight Pointe TID was set to expire in June - meaning property taxes in the TID would be distributed to all local governments, not just the city - but the state Legislature passed a law allowing the city keep the TID open for another 10 years. Since all of the loans taken out to build Reefpoint Marina are paid off the TID is making money. The city plans to use that money to pay for the needed improvements on the Walker site, which is also a TID. 

They're hoping lake front development begets lake front development.

"We're creating opportunity to move forward," O'Connell said. 

Two city committees heard about the plans on Wednesday. The Standing Joint Review Board - composed of representatives from Racine Unified, Gateway, Racine County, the city and the public - met to consider changes needed to begin work on the Walker site. The board is charged with reviewing the city's TIDs.

While supportive, the board held off a vote Wednesday until the City Council makes a decision. The council's Plan Commission also met Wednesday to consider the proposal, but held off on a vote to give commission members a chance to read through the agreement. 

City officials also noted any development ideas now are merely conceptual. While housing worked on Gaslight Pointe, the Walker site is open to any style of development as long as it generates enough property tax value to pay off its loans and return the highest possible value to taxpayers.

During a public hearing on the city's proposed changes to the Walker site, city resident Tim Zikwoski suggested the city pursue a hotel, convention center and water park for the site, which is located near North Beach, the marina and Downtown. "We need something to draw people into Racine," he said. "... this is a real diamond in the rough. Hotel developers wouldn't pass it up."

City Development Director Brian O'Connell said housing, particularly on the lake front, fit the city's long-term plans for upscale development that pays a high-level of property taxes. While the current housing market is flooded with homes for sale, new construction on the lake would offer a different type of housing that would be appealing on the market.

O'Connell added that new construction would occur in stages to allow the market to fill demand. A development may come in and build 30 units and as they sell another developer may go ahead and build another 40 units. Over an extended period of time the area will fill up with new construction.

It's a different approach than developer Scott Fergus had proposed for Pointe Blue. Under that proposal, Fergus would have cleaned the site, built the utilities and built an entire residential and commercial development at once. It would have been a massive project for the city - arguably the largest in Racine history - but the housing market collapsed, Fergus lost his financing and Pointe Blue never became anything more than a sign posted on the site.

Bill Pugh, who lived in the Coast Guard house near the Walker site for 16 years, called the old development "Pointe Blah." While that deal fell through, he said, the city needs to do something in the area.

"Anything you can do to improve the neighborhood down there will help everyone," he said.

A few other notes on the city's plans for the Walker site:

* The Walker site is technically called TID 14. The city has spent $83,000 in the district, so far.

* Plans for TID 14 include $10 million in developer incentives designed to attract projects. The money is about half the $20 million in incentives budgeted under Pointe Blue. The incentives would be paid for by development on the site. Plans calls for developers to invest $64 million in the site to receive the $10 million in incentives.

* Without the incentives, the city will spend about $5.55 million preparing the site for development. Most of these costs will be covered by money from the Gaslight Pointe TID, which, under state law, can pay for improvements on the Walker site for five years.

* Plan Commission members plan to meet on Tuesday before the City Council meeting to discuss the proposal. They called the special meeting to give members a chance to review 30-page plan, which they received shortly before Wednesday night's meeting.

* Former state representative and County Board member Jim Rooney, who lives near the site, cautioned the Plan Commission against too much density. "We need to preserve and protect our waterfront," he said.

Regency Mall sues city for $443,000

Regency Mall is suing the city for $443,000 in excessive property taxes.

According to court documents, the mall claims the city overassessed its properties at 5700 and 5502 Durand Ave. in 2009. The city assessed the property at $53.5 million. The mall believes its worth $34 million, according to records.

The $19.5 million difference equals $443,464.80 in property taxes. The mall wants the city pay back the difference plus interest and court costs.

Judge Richard Kreul  is presiding over the case.

Attorney Alan Marcuvitz of the Milwaukee-based firm Michael, Best and Friedrich filed suit on behalf of Regency Mall against the city on April 29.

Attorney John Bjelajac, who is representing the city, filed a response on May 11 asking the court to dismiss the claim. 

Regency Mall's property tax bill, which is split between Racine Unified, the city, the county, Gateway Technical College and the state, was $1,216,686 in 2009.

Regency Mall is listed as "Racine Joint Venture II LLC" in court records.

Committee says no to waivers for UNIT inspection fees

The Public Works Committee rejected a proposal to give city residents a one-time pass on UNIT violations.

The committee unanimously opposed Alderman Eric Marcus's request Tuesday night to give residents 24 hours to fix problems identified by the city's Unified Neighborhood Inspection Team. Marcus proposed residents be given a grace period once every 12 months to shovel snow or pick up garbage.

The committee, chaired by Alderman Greg Helding, opposed Marcus's waiver request, but pushed forward with the second half of his proposal. They voted unanimously to add inspection fees for all UNIT violations to the municipal code. They also asked the City Attorney's office to include an appeals process for the inspection fees in the ordinance. Marcus had an appeals process in his request.

Following the meeting, Marcus said he had reached a compromise to include the one-time waiver on in the proposal, but at the last minute the compromise fell apart. He had initially wanted to give property owners 24 hours after they receive an inspection fee to fix the problem without having to pay.

Marcus' efforts are driven by an incident in his district, on the city's near south side, last winter. Residents on Main Street and Wisconsin and College avenues received "inspection fees," essentially fines, for failing to shovel their sidewalks within 24 hours of a snow storm. However, the day after the snow temperatures dropped below zero and many people stayed inside rather than shovel. 

Marcus, who wasn't on the City Council at the time, was one of the residents who received the $50 inspection fee. He appealed the fee to Chief Building Inspector Rick Heller and got it waived. 

Now, he's trying to build leniency into the city's UNIT, which issues fees instead of citations because citations are handled in municipal court. Inspection fees don't go to court, making it more difficult for homeowners to contest them.

The committee's vote now goes to the City Council for approval. The City Attorney's office would then draft an ordinance, which will come back to the council for a vote.   

Money for library's Sunday hours may pay for police bike patrols

Money set aside to open the library on Sundays may now be used to pay for extra police bike patrols this summer.

The Finance and Personnel Committee voted Monday to transfer $33,000 from the Racine Public Library back to the city's general fund. (Technically, the money was transferred from the library's Sunday Contingency Fund to the city's contingency fund.)

The City Council approved the money as part of the city's 2010 budget to allow the library to open on Sundays during the school year. But the Library Board decided not to use the money, and Alderman Greg Helding pushed to reclaim it for another use.

The committee put off a vote on Helding's proposal last month to give the Library Board another month to consider using the money. The board passed again, and the committee voted 3-0 on Monday to reclaim the money.

Police Chief Kurt Wahlen attended Monday's meeting and was prepared to speak in favor of using the money for bike patrols. But the committee held off on transferring the money to the police department until the proposal could be properly noticed.

The proposal will likely come back to the committee next month.

Marcus jumps right into City Council job

Alderman Eric Marcus has hit the ground running as one of the City Council's newest members.

In his first two months representing the second district he's pushed two major ordinances - one to protect the city's historic artifacts and another challening UNIT inspection fees - and installed a blogging system for City Council members on the city's website (he's the only one to use it).

Marcus (above) may not be done. He's mulling ideas on how to create jobs and protect the historic nature of his district, and the one-time School Board candidate has some ideas on education, too.

As for success, Marcus is still looking for his first win. His landmarks ordinance, which he started working on before getting elected, got delayed Monday night and the UNIT fees proposal gets its first look tonight.

Regardless, it appears Marcus will play big role in shaping the city's legislative direction in coming months.

Affirmative Action: City close to updating 37-year-old housing discrimination ordinance

A city committee will have new power to investigate and fine incidents of housing discrimination under an ordinance that's headed to the City Council.

The Finance and Personnel Committee voted 3-0 Monday night to give the city's Affirmative Action and Human Rights Commission remarkable new powers. Under the ordinance, the volunteer commission will be able to hold hearings on housing discrimination complaints and fine landlords or homeowners up to $25,000 for violating discrimination laws.

The ordinance essentially localizes housing discrimination complaints that had been handled by the federal government in the past. Federal complaints took months, even years, to resolve. The local ordinance should give city residents a faster resolution to housing discrimination complaints, officials said.

Monday night's vote was a long time coming for Ron Thomas, chairman of the city's Affirmative Action and Human Rights Commission. He's waited 17 years for the city to grant the commission some teeth in enforcing discrimination laws. The proposal would update an ordinance that is 37 years old.

"This brings us a heckuva lot closer to today's climate," Thomas said, adding: "Let's get this on the books so we can be a commission that can do something other than mediate, which doesn't work in every case."

Under the ordinance, complaints about housing discrimination in the city could be filed directly with the Affirmative Action and Human Rights Commission. The commission would then form a three-person subcommittee to hold a hearing on the complaint, complete with witnesses and testimony. The committee would then make a ruling, which would serve as  recommendation to the full commission. The commission will make the final decision and levy fines for violations.

Assistant City Attorney Scott Letteney, who sits on the commission and wrote the new ordinance, said the proposal gives the commission a "stronger enforcement mechanism."

"It has more authority and strengthens its ground so we can fight discrimination in housing," he said.

"The purpose isn't to take lots of money from people," Letteney added. "It's to end discrimination."

While happy with the new ordinance, Thomas said it was the commission's second choice. It's first choice was to get the federal government's Department of Housing and Urban Development to sign off on the ordinance and give the city full authority to handle discrimination complaints. But HUD officials sent back the ordinance last year with minor changes - the ordinance almost exactly mirrors federal law on housing discrimination - and now simply won't make any decision on the proposal. Rather than wait for HUD, the commission is attempting to push forward the changes on their own.

Racine would be the only city in the state to take this step, Letteney said.

(Incidentally, and perhaps ironically, the city was making more progress under the Bush administration than they have under the Obama administration. The transition between the presidencies setback work for months, even years, and the city has received little contact from HUD on the ordinance.)

Alderman Q.A. Shakoor II said he would support the ordinance with the public's understanding that discrimination doesn't mean it only helps one group of people. The ordinance actually prohibits discrimination by age, sex, race, color, veteran's status, disabled veteran's status, religion, disability, national origin, marital status, sexual orientation, familial status or economic status.

"I hope people clearly understand this is for all 80,000 people in the City of Racine," Shakoor said.

Read the proposed ordinance below:
Racine Finance and Personnel Committee Agenda 5-24-10

City moves to revoke Park 6's liquor license

Park 6 owner Thomas Holmes in 2008, shortly after the bar opened at the corner of Park and Sixth streets. 

The Park 6 on Sixth Street is in danger of being shut down after a shooting outside of the bar last weekend.

The City Council's Public Safety and Licensing Committee voted unanimously Monday to begin the process to revoke the controversial bar's liquor license. Alderman Bob Mozol made the motion.

"Every day this place stays open increases the chances of someone getting killed here," Mozol said.

A security guard was shot in the leg early Sunday morning on Sixth Street. Three suspects were arrested in Kenosha about 45 minutes after the shooting.  No charges have been filed.

The Public Safety Committee strongly backed Mozol's lead.

"This is impossible to ignore," said Alderman Aron Wisneski, chairman of the committee.

Alderman David Maack said, without city action, "We're going to have a major problem."

Alderman Jim Kaplan said Park 6's owner hasn't followed through on steps to reduce the potential for problems. "We've been promised so many things and none of them have been followed through on," he said.

Alderman Eric Marcus said he agreed with Mozol. "We need to take action before someone gets killed," he said.

The committee also reviewed three police incidents at Park Six on May 7 and noted the police department's Gang Crime Diversion Task Force monitored a private party at the bar. Past incidents, plus the shooting, give the city a strong enough case to rescind the license, Wisneski said.

The only debate the committee had was whether to revoke the license or simply not renew it when it comes due on July 1. City Attorney Rob Weber said both processes have the same timelines and, essentially, the same potential outcomes.

The committee's decision now goes to the full council for approval. If it's approved, the city's prosecutor will build a case against Park 6 and then serve them with revocation papers.

If the license is revoked, owner Thomas Holmes can't apply for another liquor license in the city for 11 months and another business can't apply for a liquor license at the Park 6 address, 500 6th St., for 11 months.

Holmes did not attend Monday's committee meeting.

See photos of Park 6 here.

Committee puts off vote on proposal to protect historic artifacts

Local residents looking to preserve city history are taking another run at creating a system that would prevent historic artifacts from being destroyed.

The ordinance would give the city's Landmarks Preservation Commission the power to issue a stop-order for any construction that could compromise a historic item. It would apply to city-owned objects, but not real estate.

For example, it could have been used to protect eight Civil War cannons that went missing from Monument Square. It could also be used to protect items like the Karel Jonas and Martin Luther King Jr. statues, and the historic paintings in City Hall.

Artifacts would be determined by an official list approved by the Landmarks Preservation Commission, which would hold a public hearing on items recommended for inclusion on the list. After the public hearing, the commission would vote on whether to recommend the artifact for protection. If it's approved, the commission would notify city officials, Preservation Racine and the Racine Heritage Museum.

The proposal first came to the City Council in February. It was sent to the Finance and Personnel Committee, which raised questions about a provision that allowed the Landmarks Commission to issue fines for violating the ordinance. The fines have been replaced by the stop-order, which would allow the Landmarks Preservation Commission to halt construction if they discover a historic artifact is in danger of being moved, demolished or altered. The stop-order would remain in effect until the City Council confirms, modifies or overrules it at a regularly scheduled meeting.

Alderman Eric Marcus is the main sponsor of the ordinance. A member of the Landmarks Preservation Commission, he actually took up the issue prior to being elected to the City Council in April.

The Finance and Personnel Committee is scheduled to consider the proposal tonight. See the meeting agenda, including wording on the ordinance, here.

Update: The Finance and Personnel Committee deferred action on the ordinance after Public Works Commissioner Rick Jones raised concerns.

"This ordinance makes seven members of the Landmarks Commission more powerful than the (City) Council," Jones said. "Who will pay the cost? This could cost thousands, tens of thousands, of dollars."

Marcus defended the ordinance by saying there are a number of firewalls in the proposal to avoid the Landmarks Commission from gaining too much power. The City Council would approve the inventory of historic artifacts, and the commission could only stop a project if it's clearly damaging an item on the approved list.

Deputy City Attorney Scott Letteney told the committee the stop order only comes into display if city department heads ignore historic artifact list approved by the council.

But Jones said city department heads weren't given enough time to consider the ordinance. That argument swayed Alderman Q.A. Shakoor, who said he couldn't support the proposal without a recommendation from city staff.

Marcus said the ordinance has been in the works since Jan. 4 and asked for an up or down vote on the proposal. But the committee instead chose to put off a vote until city staff responds.

The committee voted 3-0 to defer with Shakoor and Aldermen Jim Spangenberg and Dennis Wiser in support. Aldermen Ron Hart and Terry McCarthy weren't at the meeting.

Alderman looks to overhaul UNIT's inspection fees

If you don't shovel your sidewalks or throw away your garbage, the city's building inspectors or members of the UNIT can charge you a $50 inspection fee. But there may not be any city ordinance that allows the fee. 

That's what one City Council member is alleging in an effort to overhaul how UNIT violations are assessed.

Alderman Eric Marcus wants to create a system that gives property owners a chance to get first-time UNIT violations waived for failing to shovel snow or property throw away garbage if the violation are promptly corrected. 

In a letter to Mayor John Dickert and the City Council, Marcus said the city's current system isn't defined in its municipal code. City law allows inspectors to issue citations, but not inspection fees, Marcus said. 

"I have received several concerns from property owners in my district about inspection fees being assessed without being given an opportunity to promptly comply with the Code," Marcus wrote on May 13. 

He added: "... there is no ordinance that provides for the $50 inspection fee that can be assessed by the Building Department."  

Marcus wants to pass an ordinance that creates an  inspection fee for people who don't shovel their sidewalks or pickup their garbage. But it would also create a one-time pass if they clean up the violation within 24 hours of receiving notice, and they haven't had a violation within the past year. 

Marcus's proposal would also create an appeals system for any inspection fee, first to the Chief Building Inspector, second to the Commissioner of Public Works and third to the Common Council. 

"Please note this would not affect the right to issue a citation if the property owner has violated the ordinance more than once during the previous year," Marcus wrote. 

The council's Public Works Committee is scheduled to take up the ordinance at its meeting on Wednesday.

Update: Committee puts off vote on backyard fires ordinance

A city committee is considering restrictions on backyard fires in Racine.

The Public Safety and Licensing Committee will take up an ordinance Monday that would limit the number of fires homeowners can have in their backyard, the location of the fires and when the fires can occur. 

The proposal would add three provisions to city code regulating backyard fires. They include:

* Making it illegal to burn more than three times a week in a permanent or portable outdoor fireplace unless you have a permit from the Fire Department

* Making it illegal to burn within 10 feet of a property line or structure

* Limiting fires to between noon and 11 p.m.

The ordinance is sponsored by Alderman Aron Wisneski, chairman of the Public Safety and Licensing Committee. It would revise Section 18-369 of the municipal code, which relates to "Outdoor fireplaces and outdoor cooking facilities."

Read the committee agenda here.

Update: The Public Safety and Licensing Committee voted to defer action until they can get input from Fire Chief Steve Hansen.

Alderman Jim Kaplan seemed open to the proposal to limit backyard fires. He said the fires are becoming more common because people can't afford to go camping any more.

"I want to go camping in my back yard and I'll fill my neighbor's house with smoke to do that," he imagined someone saying who has backyard fires.

Kaplan added that home owners and renters should take care of their own property without interfering with their neighbors. Things like music or a smoky fire cross property lines and can affect people who shouldn't have to deal with someone else's activities.

Alderman David Maack said he didn't think the three fires per week proposal was enforceable because no one will keep track of how many fires a person has. He added that if the ordinance moves forward he would like to see the cutoff point moved back an hour to midnight.

"I think that's reasonable," he said. "I don't think it's reasonable to cavort until 2 or 3 in the morning."

City Attorney Rob Weber told the committee the police department believes current ordinances are confusing. They have asked for standards to be given to enforcing backyard fires.

Fire Chief Steve Hansen declined to comment Monday night on the proposal. He said he needed to consult with his notes before taking a position on the ordinance.  

Commentary: The missing 10-year plan

The JT's Stephanie Jones has a story about Mayor John Dickert's missing 10-year plan. Here's the key quote from the mayor:

The document is in my head. I have not written out the 10-year plan anywhere ... the plan is constantly in a changing mode.

That's an amazing statement. Not only does Dickert not have a 10-year plan, other than shifting thoughts in his head, he's not concerned about not having a plan. It's a remarkably honest admission from a politician who is ignoring his No. 1 campaign promise. 

It's hard to see the strategy here. Dickert ran as the candidate who had a long-range plan to help Racine, but hasn't delivered on that project. It's becoming the mayor's defining trait. He promised to bring jobs to the city, but has created few, if any. He promised to bring development to the city, but every commercial project that's come forward has failed or is on life support. 

Dickert's main accomplishment in office is this year's budget, which held the line on property taxes, maintained most city services and  implemented the blue recycling bins to cut down on the city's garbage bill. 

But the city's 2011 budget will be tougher. Stimulus money is drying up and property values declined citywide this year. The mayor and City Council will likely have to increase property taxes or cut services to balance the budget. Either will be difficult in an election year. 

The lack of a "10-year plan" may be worse. First, it's a catchy slogan any opponent will be able to run with. I can already see the campaign lit in the mail: "Where's the 10-year plan?" Simple. Devastating. The plan is something directly under the mayor's control and came directly from his mouth. No one asked him to create a 10-year plan. He said he would do it, and hasn't followed through. Politicians often make promises they can't keep, but this is hard to overlook. 

Second, it's not that hard to write a 10-year plan - unless you're afraid of being held accountable, or you don't have any ideas. We met with the mayor back in October and asked him about the non-existent plan. We even took his ideas and laid them out into what, conceivably, could be be a 10-year plan. It took about an hour's worth of time. The writing is easy. It's the having your ideas pinned down that's difficult. 

Third, it's just a plain old lack of leadership. We've heard from several people that the mayor is tired of being bogged down with the details of running city government. He's a "big picture" guy searching out a $40 million deal with a Chinese developer" or trying to lure a company to town that will bring jobs. You should see his desk, they say. It's covered with projects and work he's pursuing. That's all great, but this isn't the time for ideas.

The mayor, and others, seem to have a vision of an outside savior coming in to save the local economy and return Racine to a time when major companies gave high school graduates high-paying jobs for life. That isn't our city any more. Racine is a mid-sized, ex-industrial city that's losing population. He talks about building homes and pursing lucrative housing developments with out-of-town money, but the local housing market is flooded with people and banks trying to sell and developers aren't building anywhere. 

On a personal level, I like the mayor. He's a good, nice man who cares about the city and the people who live here. But as a citizen and a local political observer, I'm mystified. The mayor seems to be running a textbook pre-campaign on how to weaken an incumbent and entice potential opponents. Instead of scaring people out of the race, like Gary Becker did back in 2007, Dickert seems intent on convincing as many people as possible that they can run and win next spring. 

Maybe I'm dead wrong. Maybe Dickert is taking the hit now on his 10-year plan so it's old news by next year. Maybe he will land a major development or bring in a pile of jobs. Maybe this is the end of a bumpy first year for a politician learning the ropes.

Even so, it's time for the mayor to get his ideas down on paper for the world to see. Grab your buddies, get together in the basement, take out a blank sheet of paper and actually lay out a plan to improve Racine. If you can't do that, you can't lead. If you can't do that, you won't have to worry about next April because you won't make it through February. 

Update: Reading comments here and at the JT, readers appear to be unanimously upset about the mayor's missing 10-year plan. Out of 80+ comments, I haven't seen one defending the mayor.

Update 2: The mayor's online chat at the JT is finished. Interesting that he twice mentioned he'd be rolling out his plans in the "RJT." Interesting to see the mayor buddying up the with the paper, and apparently, the paper returning the love.