 Okay. Good evening, everyone. Welcome to tonight's common council meeting. Madam City Clerk, quote of the week. Yes. Thank you. The reputation of a thousand years may be determined by the conduct of one hour. Thank you very much. All the 25th regular meeting of the common council order, please call the roll. Boren. Here. Bulk. Excuse. Decker. Here. Gisha. Here. Hanna. Here. Heidemann. Here. Kittlesen. Here. Clioness. Here. Meyer. Here. Montemayor. Here. Rindfleisch. Here. Ryan. Here. Suric. Here. Vanderwiel. Here. Verhasselt. Here. And Wongemann. Here. Fifteen present. Quorum is present. Alderman Kittlesen, would you lead us in the pledge? Everyone rise. 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, Alderman Kittlesen. Approve the minutes. Alderman Hanna. Thank you, Mr. Mayor. I'd make a motion to approve the minutes. Motion in second to approve minutes under discussion. There is none. All in favor say aye. Aye. Any opposed? Motion carries. Minutes stand approved. Resignations. Attorney McLean. The letter dated March 10th to the mayor. From Tudor Lee, the director of IT, advising that he was resigning his position effective immediately. Any motion to accept it? Second. Motion in second. Any discussion? All in favor say aye. Aye. Any opposed? Motion carries. Resignation is accepted. Public forum. We have Henry Capitillo, but I do not see him in the audience. OK, we'll move on. Next item is a consent agenda. Before we do that, Mayor Lech Ryan, would you like to say something? Thank you, Mayor Perez, and thank you everybody here at the council. First of all, I'd like to thank my opponent, Terry Van Akron, in the mayoral race. He ran a very clean race, a very well run campaign. And I think that these campaigns should be an example for how campaigns should be run in Sheboygan. There was no mud slinging. There were no personal attacks. I believe it should be a model for how campaigns are run in the city of Sheboygan that more people possibly get involved in local politics, in alderman races, et cetera. One thing I would like to say is on the city committees that we have, I would like all of the alderman to basically put together a wish list of two standing committees and any other committees that you may want to be on, have that emailed to my email address that we can probably try to get people what they want. Also citizens out there, if anybody is interested in getting on committees, I'm basically looking for people that have expertise in certain fields and that have an interest in what happens in the city of Sheboygan. Please email me your information that we can get more people involved in our local government. That's what we're looking to do. Thank you. Thank you very much. Consent agenda. Omen, Hanna. Thank you, Mr. Mayor. I'd make a motion that all ROs be accepted and placed on file and all RCs be accepted and adopted. Second. Motion and second. Under discussion. Alderman Kittleson. Thank you, Mr. Mayor. Could we just pull out document 25-6? Pull it for a separate vote? For a separate vote. Yes, please. Okay. Do you need a motion? Make a motion to do that, please. Motion. Your motion is to accept and adopt the report committee, correct? Correct. Okay, and there's a second. Okay, go ahead. Okay. All we need to do is correct on that document. The communication be accepted and placed on file and we need to just remove and to approve the request. If you could do that, Madam City Clerk. And then the ordinance 25-53 will just go on through as written. So there would need to be no amendment. You're making a motion to amend the document? No. Yes, you have to make a motion to amend the document. Unless you want to just correct. We can just do a correction if that's what you want. Everybody okay with that? Yes. Then we will make a motion. Okay. Then you already made your motion. Is that okay? That's fine. Okay. Thank you very much, sir. Second to accept and adopt the RC 25-6 separately. Any other discussion? All of them for hazard. Thank you, Your Honor. On item, excuse me, document 25-25. I will support that document or that item, however, part of that is because the horse is somewhat out of the barn on that one. It's been a project that's been in the works for some time, but I guess I just like this council and planning to give a little stronger consideration in the future to more urban renewal type projects, seeing that nearly half the funds are being spent on this new pavilion, our CDBG type funds, which in my estimation have more of the spirit towards urban renewal, things like streets, curbs, gutters, sidewalks, security camera lighting and so on, things that we can do to improve the more blighted low income areas of the city. The irony here is that we're building something with funds intended for low income, yet it's something that future users of this are going to have to charge or be charged a user fee, this pavilion. So, again, I'd just like to ask the department and the council to give a little stronger consideration of the projects in the future. Okay. Anything else? Okay. It's sent to agenda. Please call the roll. Boren? Hi. Decker? Gisha? Hannah? Heidemann? Kittleson? Clayunas? Meyer? Montemayor? Rindfleisch? Ryan? Zurich? Van Der Wiel? Verhasselt? And Wongamon? 15 ayes. Motion carries. Communications and petitions, 25-26 and 25-27 to be referred. Report of officers 2. You've got a light up. Sorry, what? What's the light up? Oh. Vice President Boren. Thank you, Your Honor. On document number 25-26, I want to make the same referrals on there to public protection and safety and salary and grievance, but I would like to make that to the new council. I spoke with the current chairpersons of those committees and with just the council, you're coming to an end. It's better to send those to the new council. Please make that notation, 26-25 will be referred to those committees as noted of the new council. Olem Mayer? On 25-28, Your Honor, thank you. I would make a motion to accept and adopt the R.O. What's it? No, nothing. Go ahead. Okay. So we had already gone 25-26 and 25-27. Their report of officers 2, you're making a motion to accept and file. And that is 25-28 by the Board of Parks and Forestry Commissioners recommending approval of the agreement between the town of Wilson and the city of Sheboygan for the shared dog park. Is there a second to that? Second. Okay. Under discussion. There is none. Please call the roll. Decker. Gisha. Hanna. Heidemann. Kittleson. Kleyunas. Meyer. Montemayor. Ruinfleisch. Ryan. Zurich. Vanderweal. Verhastelt. Wongaman. And Bourne. 15 ayes. Motion carries. 25-29 through 25-39 to be referred. Resolutions introduced 3-2540 by Aldermen Giesha authorizing the appropriate city officials to execute a consent to sub-lease to Sheboygan Blue Line Association sub-lease to whatever that name is, wireless LLC, DBA, cell count. I'm not trying it, Aldermen Giesha. Thank you. Let the resolution be put upon its passage. Motion and second. Under discussion. There is none. Please call the roll. Giesha. Hanna. Heidemann. Kittleson. Kleyunas. Meyer. Montemayor. Ruinfleisch. Ryan. Zurich. Vanderweal. Verhastelt. Wongaman. Bourne. And Decker. 15 ayes. Motion carries. 25-41. Lies over. 25-42 through 25-46 to be referred. Report of committee 6, 25-47 by public works. Recommend an approving agreement between the town of Wilson and the city of Sheboygan for the shared dog part. All in my honor. Thank you, Your Honor. I move that the RC be accepted and adopted. Motion and second. Under discussion. Under discussion. I just want to say this has been coming for a long time and I want to thank you, Mayor Perez, for all your hard work. The city has been waiting for a dog park and I just think everybody is going to be really pleased with the results and thank you very much for all your hard work. You're welcome. Thank you. Anything else? There is none. Please call the roll. Hanna. Heidemann. Kittleson. Kleyunas. Meyer. Montemayor. Ruinfleisch. Ryan. Zurich. Vanderweel. Verhasselt. Wonkeman. Boren. Dekker. Angisha. 15 ayes. Motion carries 2548 to be referred. Report of committee 72549 by law and licensing recommended denying beverage operators license application number 8159 based upon the applicant's failure to include all relevant convictions on the application. The record of violations related to the license activity and failure to cooperate with the committee. Vice President Bourne. Thank you, Your Honor. I move that the report of committee be accepted and adopted. Motion and second. Under discussion. Under discussion, Your Honor. Is Michael Sturm here tonight? He's not here, Your Honor. Thank you. Please proceed. Mr. Sturm had two opportunities to appear before the committee. He chose not to do so and also failed to include all of his convictions on his application. So therefore it was a unanimous decision by the committee to deny his beverage operators license. Thank you, Vice President Bourne. Under discussion. There is none. Please call the roll. Heidemann. Kittleson. Kleyunis. Meyer. Montemayor. Rinfleisch. Ryan. Zurich. Vanderweel. Verhasselt. Wonkeman. Boren. Dekker. Angisha. And Hanna. 15 ayes. Motion carries 2550 by Committee of the Whole. Recommend and filing documents regarding the contract for the 2009 concrete sidewalk program. Vice President Bourne. Thank you, Your Honor. I would like to make a motion to refer this to the finance committee. Second. Motion in second to refer to finance committee. Under discussion. Under discussion. I've been working and Alderman Gish has been working with our finance director, Terry Hansen, to come up with some funds for the sidewalk project. And it appears that Mr. Hansen has found some funds that we can possibly go ahead with this. So rather than filing this coming out of Committee of the Whole, we want to send it to finance for action. Good. Thank you. Oh, Magisha. Thank you. I also wanted to add a thanks to Attorney McLean who brought up some interesting points at the Committee of the Whole regarding the issues regarding liability when it comes to not having a sidewalk program. And I thank him for bringing that back to our attention and spurring us on and working on this. Anything else? There is none. Please call the roll. Kittleson. Aye. Clayunas. To refer to finance. You know what? I'll just take a voice vote. All in favor say aye. Aye. Any opposed? Aye. None. We move on. Twenty-five. Twenty-five. Twenty-five fifty-one to be referred. Report of Committee Eight. Twenty-five fifty-two by Committee of the Whole. Recommendant. Amendment resolution number 120809, approving the 2009-2013 capital improvements program for the city of Sheboygan and passing the attached substitute resolution. Who wants to take this one? Goldman Gisham. Oh. Gee, thanks. That was your idea. Yeah. Thank you. I move that the RCB accept it and adopt it and put the resolution upon its passage. Motion in second. Under discussion. Thank you, Your Honor. Again, I know we talked about this in committee at great length here a few weeks ago, but I do feel strongly about how we allocate the limited resources that we do have. And I do understand that there have been discussions underway with the county for a number of months, but I just, again, I asked the council to consider the fact that the flooding that some of this money could help mitigate has been underway for years. The flooding that we've been experiencing in some of the neighborhoods around the city has been underway for years. So I'd like to make a motion to strike the language on the CAD EMS software, which in turn leaves the rest of the funding exactly how it's worded for the flood mitigation across the city. Is there a second to that motion? Second. Motion in second. Under discussion on the motion to strike on location on, and then I'll go to you all my clients. Go ahead. Thank you, Your Honor. I understand Alderperson Verhassell's point, but we made a commitment to the county in this. It affects not just this one expenditure, it affects potential savings and shared services expenditures for years and years and years and years to come. But hopefully we don't look at it as just a one expenditure. This is a partnership that we went into with the county with their expectation and our promise to work with them on this, and it was a year later, we now pull it all away. We're the ones who initiated this. It wasn't the county, we did initiate this. And to make that change now would be disastrous, I think, to our relationship with the county at a time when we need that relationship and future opportunities, which are under discussion as we speak, to help us all with our budget crunch. It would be, I believe, an error and a short-sighted error. I do understand the flooding issues. There's no question about it. And there's work underway right now to free up funds to do that. I believe we need to hold the money as it is, and I strongly urge my colleagues to vote no on this amendment. It would be a disaster long-term for the city. Just try to look longer-term than this one vote. Thank you. Thank you. Alderman Clayton. Thank you, Your Honor. I can understand the urgency of this, but the only thing is that software is never considered a capital improvement. It seems like it's misplaced here because it's an operating expense. The other thing about the software, I'm wondering whether Mr. Hansen can find money for that as well. You're a miracle worker, but I do think that there might be funds somewhere else in, I don't know, CBG or whatever it is or something. This is a government software program that is somehow to enhance government services and things, and I think I would like to be for the amendment to hold this, to look for the money more. Not to say that we're not going to keep our promise to the county. I want to keep our promise to the county because I am for this at all, you know, if there's sharing of services. But I just think this is the wrong place to put it, and I also think stormwater can get a couple of this. I think this $250,000, if I'm correct, the software would cost that much. So I know it's not just a couple pennies, it's quite a bit of money, but I would hope somewhere that we would have some fund that we could assign to that or some money from that fund. And we have Alderman Meyer. Thank you, Your Honor. And I believe we've also made commitments to our taxpayers. We have people that their basements flood every time it rains. We have people sitting on their lawns and canoes because it's raining. And I think we should prioritize, and our taxpayers, our citizens, should come first. We've had these programs in place for years. They've been ignored. People are very upset that their stormwater flooding problems are not going to be fixed now after we made commitments to these people. And I think we should be prioritizing where we're spending our money. Thank you. I'd just like to add that I concur with Alderman Meyer and Alderman Verhasselt here. The promise to the county, I envision, we made a promise to these taxpayers who have their homes flooded. Alderman Boren and Alderman Heidemann went with me to talk to them at one time. That was the next project that was coming up. Disasters in the long term, my God, what can be more disasters in the long term and people's basements and yards flooding all the time. I concur with your comments. Alderman Verhasselt, you're next. Thank you, Eric. You know, again, I'm a strong advocate. Anybody who's talked to me about opportunities that may exist between the county and the city, they know that I'm a strong advocate of working together with the city. So it's certainly something that I want to be careful about there. We don't make any long-term damage there. However, again, I'd just love to see a commitment to our constituents here. I've got two meetings left to go before I leave. As Alderman here, and it would just be a sweet surprise. You know, speaking long term, as Alderman Giesha pointed out, long term, if we continue to neglect this, as we have over the last number of years, it contributes to something that I've seen. And it's not all flood-related, but flood issues do contribute, if neglected, to urban decay, lower property values and everything else. So, I mean, it's, again, it's something long term we should consider in that respect as well. Alderman Giesha. Just a correction, I'm a little surprised, Mayor, it was your administration that started this software project. You're the one that- And it also started the flood mitigation. Sorry, I have the floor, sir. You do? And now to suddenly say, basically, a backhand of the county, I have to disagree. Very good. And I do disagree. Anything else? Please call the roll. On the motion to strike. Everybody knows what it is. Motion to strike and I would be to strike that wording. Okay. Clayunas. I. Meyer. I. Montemayor. I. Rinflesch. No. Excuse me? No. Ryan. No. Suric. I. Vanderweal. I. Verhastelt. I. Mwangamon. No. Boren. No. Decker. No. Giesha. No. Hanna. No. Heidemann. No. Kittleson. No. Six eyes, nine nose. Motion failed on the original motion to accept an adopt and put the resolution upon its passage. Please call the roll. Meyer. No. Montemayor. No. Rinflesch. I. Ryan. I. Suric. I. Vanderweal. I. Verhastelt. No. Wongamon. I. Boren. I. Decker. I. Giesha. I. Hanna. I. Heidemann. I. Kittleson. No. And Cuyunas. Ten eyes, five nose. Motion carries. Ordinance is introduced 10, 25, 53, lies over. 25, 54, will be referred to city plan. 25, 55, lies over. Other matters, attorney McLean. 25, 57 is a communication from Jolene Hendrixie, special events and hospitality coordinator for the John Michael Kohler Art Center. Requesting permission for one additional double-sided banner advertising the American Story Exhibition opening and celebration to be hung on late May. Goes to public works. 25, 58 is a communication from Gerald Binversie, complaining about the loud music coming from the Blue Line Ice Center. Public protection and safety. 25, 59 is a communication from Roberta Falecki-Poneschi of the Altruza Club of Sheboygan, notifying the city that as of the 2009 spring summer season, they will no longer be planting, weeding and water the garden on the 8th Street swing south of Pennsylvania Avenue and offer assistance and design and purchasing the plantings each spring to another group that may wish to take on this project. Ed, we'll go to public works. 25, 60 is a communication from Chris Crens, service project committee co-chair of the Early Bird Rotary Club, requesting permission to hold their annual lobster boil on July 24, 2009 and making various other requests. It goes to public works too. 25, 61 is a communication from the State of Wisconsin Department of Corrections, filing a request for a blanket waiver allowing the Department of Corrections to place registered sex offenders in their transitional living placements located 1123, 1125, North 14th Street and 930A, Michigan Avenue. It goes to public protection and safety. 25, 62 is a communication from the State of Wisconsin Department of Corrections, filing an appeal to the sex offender residency restrictions on behalf of Sean M. Pope. Ed, we'll be referred to public protection and safety also. 25, 63 is a claim from Catherine Hamilton for alleged damages to her vehicle when she hit a pothole while driving north on North 10th Street. Risk management? 25, 64 is submitting as a matter of record of communication from Kevin Kennedy, Director and General Counsel of the Government Accountability Board, stating that they are distributing $2,500 to the city of Spoy and Clerk to be used to improve the collection and report of election data more efficiently and accurately and improve the conduction of elections in general. That lies over. 25, 65 is a resolution authorizing the appropriate city officials to execute the agreement for the shared town of Wilson City of Sheboygan Dog Park. That too lies over. 25, 66 is a resolution authorizing application for 2009 Justice Assistance Program Award and entering into memorandum of understanding with Sheboygan County. Goes to finance and public protection and safety. 25, 67 is a submitting a request from Steve Hamilton for a waiver for the sex offender residency ordinance. That goes to public protection and safety. 25, 68 submitting a letter from Tomi Brown requesting a waiver for the sex offender residency ordinance. Also to public protection and safety. 25, 69 is submitting various license applications for the period ending June 30, 2009 and June 30, 2010. That will go to law and licensing. 25, 70 is submitting a communication from Larry Hill Blink Building Inspection Department requesting on behalf of Paulette Enders $200 to have a licensed contractor give them an estimate on how much it will cost to bring the property at 630 South 13th Street into a habitable condition. That will be referred to finance. 25, 71 is a communication from Karen Kuhlman regarding major water issues she has been having at 4548 South 14th Street. That will be referred to public works. President Hanna, I need a motion stated there. Make it please. Convenient procession. Thank you, Mr. Mayor. I make a motion under the exemption provided under section 1985 1G Wisconsin statutes for the purpose of conferring with legal counsel for the city who is rendering oral advice concerning strategy to be adopted with respect to litigation, which is involved in the claim number 3808 regarding tax parcel 431734 also 2536 and RC by the Special Committee on Risk Management recommending the authorization of settlement per Common Council closed session discussion regarding the summons and complaint in the matter of Walgreen Company versus the city of Sheboyka. Mouthful. Is there a second to that? Second. Second. Under discussion, just like to let the public know that we will go into closed session everyone, but the council will stay for the public that's watching after we come back to reconvene an open session. We will no longer be on TV. All in favor say aye. Aye. Any opposed? Motion carries. It was a mouthful.