 No. There you go. Thank you. I'm on. OK. Yeah. Roll call. Alderperson Barfelde, I am here. Betty Ackley is excused. Dean Decker? Here. Leslie Laster is excused. Amanda Salazar? Leslie is on line. I'm here. Oh, she's on line. OK. Hi, Leslie. Hello. Amanda? Here. Oh, I did it backwards. OK, now we'll call a meeting to order. Pledge of Allegiance. 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. Introduction of committee members, staff, and guests. I'll start with Dean. Alderperson Dean Decker, District 6. Alderperson Barfelde, District 1 and Council Chair. Alderperson Amanda Salazar, District 3. Alderperson Leslie Laster, District 8. Thank you, Leslie. Chuck Adams, City Attorney. Kathy Hoffman, City Attorney's Office. Hey, Felden. OK. And Robert. Robert, are you at the end? There we go. I need a motion to approve the minutes for May 26, 2021. I will make a motion to approve the minutes from May 26. Second. All in favor, any discussion? All in favor, say aye. Aye. Aye. Opposed? And Chair votes aye. All in favor. OK, 3.1 general ordinance number 52122 6721, in ordinance amending the city of Sheboygan's Court of Ethics. All right. So this is in front of you. My assistant, Thomas Cameron, did most of the work on drafting this and I think did a nice job. Basically, and you do, those of you who are physically present do have our recommendations in front of you as well. But since all the person last or doesn't have those, I'll kind of go through those a little more in depth than I normally would. Basically, the impetus for this is the American Rescue Plan, which does require cities that receive funds under that program to have a conflict of interest policy that meets particular standards. The city's previous Code of Ethics really mostly complied with those requirements. But as we looked at it, there were a few things that we thought probably could be more explicit in alignment with what ARPA wants. And so this ordinance basically does that. It brings us in more strict compliance with it. Some of the main changes that you'll see in the ordinance are to the definitions. That's section 2-261. So you'll see that there has been an expansion to the definition of financial interest and to personal interest. And then we've also added a definition for the word officer. Basically, the financial interest and personal interest definitions are designed to sort of read the way that the American Rescue Plan wants them to read. The reason we added the definition of officer is because we discovered that really as you looked at this ordinance, sometimes we use the word officer. Sometimes we use the word official. And when we sort of interchangeably use those, sometimes people can think that there is a difference between those two. So we want to just have some consistency. And so this is included in all that. I can answer any questions that you might have. Otherwise, our recommendation is to move to recommend that council adopt the ordinance. I have a question. Who is the ethics board? So the council in the end is the ethics board, but the council has assigned you as the LHPS committee to be the committee that hears those ethics issues. So you're sort of in a way, the council's the ethics board and in a way you guys are. But the council makes the final decisions. You just have all the hearings here. Does anybody else have a question? I'll make a motion to approve. Second. Any other discussion? All those in favor say aye. Aye. Aye. Aye. Nays? Chair votes aye. All in favor. Thank you. General Ordinance number 621-22, 6-721 in ordinance amending the municipal court. So as to add provision for a parklet permit to modify provisions related to drinking on public streets to account for the creation of parklets to update the provisions related to street festival permits and sidewalk cafes permits so as to make them more congruent with each other and the parklet provisions and to remove an ordinance no longer applicable related to drinking on the erstwhile Plaza 8. All right, so this is it's a fairly lengthy ordinance, but I'll kind of walk through it. And then just sort of a warning, we were kind of in a rush to get this done and get it on the agenda. And so we did find a few things that we're going to request a change for. So actually on the document you have in front of you, there will be a motion to amend that I will ask one of you to read and make the motion and then somebody else can second it. This basically started as a result of city staff members being in contact with several downtown businesses who are interested in the idea of creating parklets based in the downtown area. And this particular parklet that sort of led to this would result in a street closure during summer months. But as we kind of looked at the idea of parklets and doing some research, the thought was, well, we don't really want to create an ordinance for one situation. We'd like to create something that's a little broader. We became aware that there's a number of different styles of parklets in Wisconsin and even in some neighboring states. And so this ordinance is designed to be somewhat flexible and not directed at just one particular type of parklet. I think some of the common things that you often see is sometimes it's a couple of parking spaces in front of a building. Sometimes it is closing off, whether it's a street right away or an alley right away, some things like that. This would allow for that. And it's meant to be something a little bit more in depth than just simply a sidewalk cafe. As it's sort of in designing that, and there was a little bit of crossover between what this does and what the sidewalk cafes do, what the street festival does. And so we did make a few changes to those ordinances as well so that everything kind of flowed together to make it clear, hopefully somebody who comes in with an idea, it'll be really clear, well, is it a parklet they're looking for? Is it a street festival permit they're looking for? Is it a sidewalk cafe that they're looking for? And so we kind of clarified some of those definitions a little more tightly than we had before. And so that they could kind of work together as well. And also just some fairness issues. We didn't want to have it be more difficult to get one kind of a license than another. We didn't want people making decisions on what kind of permit they were trying to get based just simply on is it easier to do one than the other? We'd like them to make the decisions really based on what's actually happening in that location and what's best both for the business and for the community. So that's kind of what's there. I'll go over the amendment in a moment, but first, if you have any questions or I don't know, Chad is here. I don't know if he wants to add anything or about this. So the attorney kind of alluded to this, but a number of you have heard discussion between the A Street Ale House and Paradigm and their interest in shutting off the street. So that's kind of been the impetus for moving this forward. And that's one of probably many projects. I mean, there could be other people that have an interest, but that would be the forefront of it, would be to try to close off St. Clair between those two businesses and kind of create this public space that would be shared by both of them. So this has been in the works for a number of months. City staff has been working and this all kind of goes into the parklet that ordinance that Chuck proposed, as well as this project we, the council approved last year a downtown activation plan and these were some of the recommendations in there. So we're kind of implementing those plans and working with the attorney's office to get the ordinances up to date to allow this. So I think, hopefully more businesses will see that and see the interest in that and whether it's a sidewalk cafe or a parklet, they have opportunities for expanding their business. Questions? I have a quick question. What's the definition of a parklet? I guess that's my, what is it? Yeah, so it's actually in the ordinance that where we define it, but in essence, it's a space where a private business is using city street or right of way to conduct that business. So in some ways it's somewhat of a broader definition. A sidewalk cafe is specifically for the service of food and drinks on tables and chairs. This is a little more broader so they could do things beyond that, but it's basically where they're conducting their private business on public space. So this would be similar to like when Liars Club uses like Swift Avenue and things like that also or the same definition, I guess. So a parklet is generally gonna be a little bit more, I don't wanna say permanent because it's not permanent, but a little more permanent than say a street festival. So one of the things we've specifically done is said, okay, street festivals are limited to 72 hours. So if you want something longer to 72 hours, you're talking about a parklet. And so then some of the fixtures and things that you're gonna do down there, there's a little bit more oversight on that because you're gonna be there for a longer period of time. Something like the Liars Club does. Yeah, that's probably gonna remain to be a street festival and there may be options for new street festivals as well. Okay, okay. So you sort of answered a little bit of my question about how long, in addition to that, you talked about at parklets where they're serving sort of food and beverage. Can they do more outside of that in a parklet, meaning like have bands do sort of other entertainment in that space? Because I know this cafe doesn't include that, the sidewalk cafe. Right, so this is meant to be broader. So potentially, obviously, each individual parklet application is going to be reviewed based on where is it located, what's the size, what kind of activities are you gonna wanna be doing in there, but it is meant to be more broad and allow a wider range of activities. So potentially, assuming everything else is in place that it can be done, yes, things like musical entertainment and those kinds of things could happen. Yeah, so for a parklet, is the criteria listed in here? Like as far as, you know how you said you would kind of look at them and ask what they'd need? Yes, so what we've done is we've tried to have a balance between listing everything that could possibly happen and telling you these XYZ, ABC, that's it, nothing else, but also without being too loosey-goosey. So if you read through it, you'll see that there are the types of things to get reviewed we do look at. What kind of furniture are you putting there? What's the activity that you're gonna be doing there? What kind of space are you using? And it gives much more ability then for city staff to review that and make determinations about whether that particular application is gonna be approved. And then, as well, if city staff doesn't approve it, there's provision for them to appeal to you. Yeah, so that's under the standard sections, right? Is that what you're saying? Okay, cool, I will take a look at that. But yeah, this looks good. I'm glad we're doing this. Any other question? All right, I believe you want, first you want the amendment. Yeah, so first you'll need to make them a motion to approve and then we'll do the motion to amend. And we won't vote on anything until you have both of those motions. So you need, first of all, a motion to approve the ordinance. I can make them all. Go ahead. I'll make a motion to approve the ordinance. I'll second. Okay, then what we need is a motion to amend the ordinance. And would you like me to read it? I think that's fine. Okay, go ahead. Okay. I move to amend the proposed ordinance as follows. First, to retain the recently approved provision in section 110-502 that reads, notwithstanding this provision due to the ongoing economic challenges presented by the 2020-2021 novel coronavirus pandemic, the fee for the annual sidewalk cafe permit issued for the license year beginning April 15th, 2021 and ending April 14th, 2022 shall be the greater of the $25 or 50 cents per square foot. Second, to change the reference in section 110-502 sub C, sub five F to refer to a sidewalk cafe permit rather than a parklet permit. Third, to modify the references to parklet cafes in section 110-600 sub C, 110-602 sub A, 110-602 sub D, three and sub three and 110-603 sub E, sub seven to refer simply to parklets. Fourth, to change the reference in section 110-602 sub D, to refer to parklets rather than sidewalk cafes. Fifth, to clarify that the code reference in section 110-604 sub A is to section 110-602. Sixth, to remove the partial sentence at the end of section 110-604 sub B, sub eight. I'm glad you did that. But I do need a second. I'll second. Okay. Is there any discussion? All in favor say aye. Aye. Aye. All right. Opposed? Chair votes aye. Okay, then you need to move the motion to approve the ordinance as amended because you just approved the amendment. That one will be easier. Okay. Just make a motion to approve as amended. Second. Any discussion? All in favor say aye. Aye. Aye. Opposed? Chair votes aye. Hats. Can I ask one quick other question for the parklets? Does that include an extension of premise or do they have to apply for that separately as well? They'll have to do that separately and there are issues surrounding that. So like not every, I mean, that's an issue. So even you'll notice in the parklet provision there's also this additional section that says notwithstanding the provisions, the city can do its own thing. And the reason we included that in there is because the proposal that Chad and I have talked about, they're not even 100% set on exactly how they wanna handle things. And one way might be for the city to do its own thing down there, but that would then limit some of the things regarding the service of alcohol can make things complicated. Yeah, yeah, I know that. Yes, as you well know from dealing with, yeah. So I was just wondering how that applies. Cause I know with the festival cafe, it's pretty kind of cut and dry, right? From your door from where, but a parklet could seem. Right. So they're still gonna have to do all the things to extend their premises if they wanna go into the parklet and follow all the rules that are in the state statutes for that. We don't have any control over that. That's all by state statutes. So they're, honestly, what's gonna happen is if people are gonna do a parklet, they're probably gonna come in and talk to staff and meet with clerk's office, my office, Chad's office to work through a lot of those details. I feel like my constituents might call once this kind of comes out. So, all right, thank you. All right, next one. General Ordinance number seven, 21, 22, 6721, in Ordinance amending the municipal code so as to take advantage of the provisions of 2019 Wisconsin Act 166, authorizing issuance of alcohol beverages, beverage operators licenses to a designated municipal official and applying similar provisions to other licenses issued by the city where issuance of such an official is not prescribed by state law. All right, so the background on this is there is that 2019 Wisconsin Act 166 was approved early in 2020. And basically what it does is allow cities to make your life easier by basically saying not every, none of these beverage operators licenses actually have to go to council to be approved. You can authorize the clerk to issue them. What we did is we wrote this up to basically take advantage of that. The city clerk will be allowed to issue most of those licenses without referring them. And then we've also extended that to a list of other licenses that will no longer be required to go to council. Alcohol beverage licenses, that's the actually the bar licenses or the liquor store licenses. Those will still come to you. And then what we're gonna do is we're gonna keep in place the process that we have now where all of these still get reviewed by my office, by the police department, by the city clerk's office. We meet regularly. We always meet two days before this meeting. We'll probably keep on a similar type schedule but it won't, we'll be able to meet more often if need be. And so we'll still review those. What'll happen then is instead of you having to approve them instead of them coming on the agenda, they'll only come to you if we've denied them and they want to appeal that denial. So, and that does happen on occasion but you won't see them until that point. So your agendas are gonna look smaller. We might get done faster once in a while. Right, right. And so we won't see any that get declined either unless they ask. Unless they ask. Okay. Basically, if we say we're gonna turn them down and it's kind of similar to what we do now except we still have to have sort of this technical hearing in front of you. But it's gonna be similar where we'll send them a letter, 95% of the time they won't respond and so we'll, or they'll say, okay, that's fine and we'll treat that as the denial or with the withdrawal of the license. And it's only when they actually wanna have the hearing that they'll come in front of you. And that works for these things. There's separate provisions for, I'll call beverage licenses that you'll still see those but most of those happen when there's either a new bar. And so you'll either see them right after somebody's come to do presentations in front of you or you'll see them in May or early June when we're renewing the room. But that's about it. The list of licenses that's affected by this ordinance, I'll just read them. Some of these are licenses you maybe didn't know that we issued. Beverage operators licenses, public dance hall licenses, circus carnival and menagerie licenses, theater licenses, non-alcoholic dance club licenses, massage establishment licenses, ambulance business licenses, mobile home park licenses, pawnbroker licenses, commercial operators licenses, those are related to trees and shrubs, taxicab business licenses, taxicab vehicle licenses, taxicab driver licenses, commercial quad-recycle business licenses, commercial quad-recycle vehicle licenses and commercial quad-recycle driver licenses. So those you won't see anymore unless we turn somebody down and they appeal. So Chuck, if the police department has an issue with the taxicab driver's license, that seems to come up a lot. Will that still come to us then? Only if there's a denial. So we're still gonna go through that process which we review them and make a decision as to whether to deny or not, send them a letter and then what'll happen is if they want to appeal that then you'll see that in front of you. So our recommendation is just a motion to recommend this ordinance be adopted by council. Questions? Just comment that this is a win for you because we're basically just rubber stamping what you send through all the time. I mean, there's never been a time where somebody would say, well, I'm sorry, I don't think this person deserves a license or something like that. And if it's someone that's denied, it still comes in front of us, we still review it. I mean, and this will help. I think the bartenders and capturers saves them on the wait time because now listen, they have to wait for us to have it then they have to wait for the comma council. They have to wait, the whole thing like that. So it could be probably three, four weeks and someone's waiting to start employment there. We go through you guys, it's boom, boom, boom, and it's done. I think this is a great idea. Yeah, that's a great question. Is there a wait period? When you apply for a license now, you have to wait for two meetings and it has to get approved. Yeah, right now the license comes in, it goes to the next council meeting and then it goes to your committee and then it goes back to that next council. That won't be required anymore. It's not that we're gonna be able to turn, because we're not gonna, the three staff that need to review these are gonna need every day, but it should take away some of that. And the very simple ones to be real honest, we've already talked about how there are a number of these that are so simple that we can just handle them by email. Somebody comes in and is in a rush. If it's a simple one where there are just no issues and we know that from doing the background check, we're probably just gonna be able to shoot an email to each other and say, go ahead. Great. Any other questions? No, I'll make a motion to approve this. Second. Any discussion? Nope. All in favor say aye. Aye. Aye. Opposed? Chair votes aye. Motion passed. 3.4, RO number 98, 2021, 11, 220, various license applications, change of premise app number 3381, fire store number 305. So this is one that's been hanging out for a while and you've been asking about and it's no longer needed. So we're recommending filing the application. What happened here basically is they waited so long that it came time for renewal time and they took care of it as part of the renewal and you've already approved that renewal and so this one can just get filed. So we're recommending a motion to file. Motion to file. Second. Okay, any discussion? All in favor say aye. Aye. Aye. Opposed nay. Chair votes aye. Motion carried. Number, RO number 173, 2021, 4721, various license applications, class B liquor license, new application number 3479, Stefano's slow food market. So we had held this previously as they were working on some things and last I checked with the clerk's office, they hadn't quite gotten everything complete but we're pretty convinced that they will by the time that they need to and they do have to do this by July 1st. So we are recommending that you grant this license contingent on their providing all necessary documents to the clerk's office. Okay, any questions? We don't have any now. All right, I need a motion then. I make a motion that we grant the license with the contingency that the paperwork is filed. Second. Any discussion? All in favor say aye. Aye. Aye. Opposed nay. And chair votes aye. So we are passed on that one. Okay, resolution number 3.6. Number 921-235321, various license applications class B liquor license. That's a renew application number 1089, Dave's who's in. We had held this one for further disciplinary action and we are now recommending granting this license with a warning. Basically what happened is we offered some voluntary disciplinary action so that they wouldn't have to have a hearing which also comes with an additional length of time and Mr. Rapinsky who is the agent for this tavern did voluntarily surrender his license for a period of one week and so they were closed down as a result of the incidents. And since they've done that, we are now happy with the idea that you can grant that license but with a warning to continue in compliance with the law. Questions? I need a motion. The question was what was the incident? There were several incidents that basically people were fighting in the tavern. It spilled out and it led to additional violence outside the tavern including that time there was a gunshot out on the south pier. That was a, it wasn't, you can't really blame the gunshot on the folks at the bar but it was the result of the disturbance not really being contained. Okay, any other questions? I have a question. Leslie? How often has this happened before? Have they ever been suspended in the past? Dave's who's in has been suspended more than once in the past but it's been now probably, oh, it's been five to seven years since the last time we had any disciplinary action. With the same license? Same license, yeah. Dave's has been in front of us and I've been doing this, I've been handling this committee or it's various iterations of it for probably 15 to 18 years and he's been in front of you probably four or five times in that period. I have another question. Has he done anything to increase security? I know he can't prevent things outside of the bar but to prevent things inside? What I would say is I can't answer that specifically but I know that part of the process that the police department entered into there were a couple of things that happened as part of the police recommendation here and we did rely very heavily on the police in making this recommendation. One is that the police have had in recent months regular communication with Mr. Rapinsky himself, making recommendations as to things that can happen and expressing their concerns about some of the issues that happen in ways that they can deal with it. Second, Mr. Rapinsky was, he was issued what's called a chronic nuisance abatement order in which he and his business were ordered to basically have a meeting with the police department with the neighborhood officer for that area to come up with a plan to abate sort of the nuisances that are coming out of the neighborhood. That's a lengthy process. It's a process that's ongoing but my understanding is that the police department is happy with the progress that he's made in that process and they now feel that that chronic nuisance abatement process is sufficient to deal with those issues as long as there aren't, if there are new issues, we'll bring them back to you but they're happy with the way that that is working. If that was my question. So if we have, like if he has, but one incident is gonna bring him back or is it just, you know, if so, if he's like, is there's more fighting in his bar that things gonna, they're gonna come back right away then? That's right. We could bring him back. If there's any more incidents, we can absolutely bring him back and because the, you know, he hasn't been, you know, it was sort of a voluntary action that he took. You know, if at some point we decide we need to deal with him with a much more significant punishment, we'd be able to deal with the whole. It's not like in court where once you're punished, you're done forever. You know, we can look at the whole, the whole history of things. And we did look at the whole history for this. Yes. Okay. Yeah. Any other questions? All right, need a motion. Well, I will make a motion that we grant the license with a warning. Second. Any other discussion? All in favor say aye. Aye. Moos. Chair votes aye. Motion passed. On 3.7, RO number 16, 21, 22, 5, 17, 21. Various license applications, beverage operators license renewal app, number 9480, Christine L. Pierce. We had held this one for some further investigation after further reviewing the circumstances, the police did a little bit of investigating regarding this applicant's recent criminal conviction, which was related to the license activity. We've decided that the proper action here is to recommend granting the license with a warning. Basically, she was involved in an incident. She's a bartender. She was involved in an incident at the place where she works. It was not particularly appropriate the way she handled it, but as we looked into it further, we feel that while she handled it inappropriately, given that she's a bartender and should know better, it was really an incident that was the other parties involved were really who instigated it and who really kind of pushed her. We're not happy. She's getting a warning out of it, but we don't feel that we need to take away her license for this single incident. Question? Need a motion? I make a motion to approve with the warning. Second. I have a motion and a second. Any other discussion? All in favor say aye. Aye. Oppose nay. Sorry, Leslie. Oppose nay. Chair votes aye. So that is passed. RO 3.8. Number 27212251721, various license applications, submitting various license applications for the period ending December 31st, 2021, and June 30th, 2023. So this is the large, there's all sorts of applications on here, and I've actually updated the recommendations that are on the document in front of you because some things, even as of 20 minutes ago, we're being fixed. So I'm just gonna kind of walk through them and I'll have you vote on each one separately because I just think that's maybe a little bit easier. So first, we are recommending, granting the beverage operators license renewal applications of Shannon M. Reese and Jason A. Violetta and the taxicab driver's license application of Harold O. De Jesus Rivera with a warning to avoid further law violations related to the licensed activity. I make a motion to grant as my staff recommendations. Second. Any discussion? All those in favor say aye. Aye. Oppose nay. Chair votes aye. That is passed. We're also recommending that you grant the Class B liquor license application of a poor decision LLC with a caveat that all require documentation to be completed to the satisfaction of staff. This is one that I was reviewing even moments ago and I think they're probably gonna be good. This is the executive area. Yeah. Okay. And Class B is, remind me again? That's like, it's a basically a bar license. Bar license, okay. I need a motion. I'll make a motion to approve. Second. Any discussion? All those in favor say aye. Aye. Oppose nay. Oppose nay. Chair votes aye. That's passed. Okay, we are recommending that you grant the Class B liquor license renewal application for license number 3475 with a caveat that all require documentation, including information about the business entity form and the required background checks be completed to the satisfaction of staff. That's actually been done and that the original license be issued prior to 430 p.m. on June 30, 2021. So basically what this is, is there was a tavern that applied for a new owner came along and you guys did approve the new owner to get the license. But the new license hadn't been issued yet because the new license had to go through all their occupancy things. And so what they did is they kept operating the business under the old licensee, kept operating the business so that it wouldn't be shut down. They're not gonna be able, the old licensee, their license runs out June 30th, no matter what happens. So the new licensee, they've actually now come and asked for a renewal of a license that hasn't been issued yet. They're gonna actually have to get that license issued to them by proving that they've met all the other requirements to open by June 30th. But if you do that, we're good with you renewing it. So that's, the motion is basically to grant with those caveats. Any questions? I make a motion to grant with staff recommendations. Second. Oh, Leslie. We'll give Leslie a second on that one, how's that? Yes. Is there any other discussion? All right, all those in favor say aye. Aye. Opposed nay. Motion carried. Oh, chair votes aye. Motion carried. You can ignore what I have written down about the sidewalk cafe license applications because they're gonna be, they're all done and taken care of and ready to go. And so they will be included under our last recommendation which is to grant all remaining applications on the RO. I make a motion to approve. Second. Second. Is there any discussion? All those in favor say aye. Aye. Aye. Opposed nay. Chair votes aye. That passed. Our next meeting date is June 30th, 2021, five o'clock. And I need a motion to adjourn. I make a motion to adjourn. Second. All in favor say aye. Aye. Aye. Opposed nay. Motion carried. We are adjourned. Thank you. Thank you, Chuck. Thank you. Thank you. We just made it a whole lot easier for the next time. I know, I was thinking like this, what does this mean every 10 minutes? Okay. Ah, okay, okay.