 I'd like to call the eighth meeting of the 2013 2014 common council to order with the clerk Please read the quote for the day Individual commitment to a group effort that is what makes the team work a company work a society work a civilization work Thank you Would the clerk please call the roll 14 present and we are Would have Alderman feel and Alderman Maddachek Alderman feel is excused Alderman Maddachek is not excused Please stand and join me in the Pledge of Allegiance Pledge of 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 Next is the approval of the minutes Alderman Hammond Thank You mr. Mayor I move we approve the minutes of the previous council meeting second Thank you for that motion and second the minutes are before us. Are there any discussion on the minutes? See none with the clerk. Please call the roll 14 eyes Next is resignations city attorney This is on a letter to the mayor from the school district dated July 9th advising that the Chad Stauber soy was resigning from the as The school district's representative on the library board and it was effective Alderman Hammond Thank You mr. Mayor I move to accept the resident To me expect accept the resignation and put it on file second Thank you for that motion and support the resignation is before us any discussion See none all those in favor. Please press your I button or opposed your name button and the clerk will call the roll 14 eyes Next we'll move on to council appointments city attorney pristine camp to be appointed as the Northern area school district representative to the library board To fill the unexpired term the term expires on April 30 2016 And that will lie over Next item is a proclamation In honor of the 30th anniversary of the L. W. H. May park association. I'll just read the proclamation Whereas the L. W. H. May environmental Park Association of Sheboygan County Incorporated and the environmental Park Trust of Sheboygan County were established in 1983 and whereas the park association Consists to more than 500 member families that provide countless hours of volunteer service and trust and the trust provides for Financial support of the park and its facilities and programs and whereas Maywood has evolved in the past 30 years from having trails Developed a suspension bridge constructed ponds created for wildlife wetlands restored Prairies planted and the William A. Heisen pavilion built and dedicated and whereas Maywood continues to grow and thrive adding an arboretum bridge in the beautiful hummingbird Park Garden to the grounds and whereas Sheboygan citizens by the thousands enjoy the park on an annual basis I therefore Mike van der steen by virtue of the authority vested in me as mayor of the city of Sheboygan to hereby extend my personal thanks and Congratulations to the L. W. H. May environmental Park Association on the celebration of their 30th anniversary on Sunday July 14th of 2013 I encourage our council as well as all of our citizens to enjoy The day as well as our beautiful Maywood Park and so it's presented to them at their celebration on Sunday Thank you. Next we'll move on to the public forum Yes, we have to this evening first on the list would be Rufino Martinez Rufino. Are you here? Would you like to come up to the front, please? Mr. Martinez, can you give me your home address? Yeah, my home address is 914 North 17th Street My name is Rufino Martinez as you're aware of I was here last two weeks ago Regarding to my issues that I was having on 940 1450 south a street called rehab bar and grill I came out here last week regarding because the found out that the community Found it. I found out after this meeting that I that came here to talk to you guys later that evening. I talked to Love a check Alderman Oliver check Melchor check brought to me outside regarding to That they had no idea that the issue that they had no idea that the committee and any idea that They were given 60 days or 30 days or 10 days to us They're really the ones that approach the committee or the attorney which was not true so that kind of concerned me because All this time I was thought that the attorney city attorney a lick attorney was was involved with my attorney Talking that the committee was making all the decisions and it was not because the committee was not aware of what the what the The penalty they gave me to shut down for 30 days So here I am. That's why I'm trying to find out the answer is because I'm losing money right now for 30 days I'm shut down and I was here This past Monday Wednesday last week Wednesday talked to them mayor of all the issues and I'm still concerned If you guys any of you can make the meeting next Tuesday with a liquor license Because the like the elements mentioned that I didn't bring out a lot of issues. I Only have five minutes. I didn't have a lot of minutes to talk about all the issues I haven't had an issue in my business for over a year of August going into a year. This coming August would be a year There was an incident happened in August and I've a call disturbance Love noise and that was brought up and they brought me in why we got a letter and also I'm out of my buyers clothes So I'm getting a lot of things a lot of questions and answers I'm still confused that I want to bring it up to the committee liquor license to find out that the 30 days is out of range and I'm just kind of I have I know I have five minutes, but Allow me to pass these around that to not too many You are a liquor license I belong to the tavern safety coalition as a TSC collision I'm one of the board members Anything happens to bargain any any taverns Inside or outside they bring it to our attention and we go through these issues I'm an ad haven't had any issues just about an over a year now and Because the issue that happened just about a year ago and our calls of noise But brought a lot of things in the past into this and they also not close You know and this is what I'm trying to find out There's so many things confusing here because a lot of these taverns go through the same thing Not just us and I don't see any of them getting shut down 30 days and we meet with them once a month You know and they go through all this and if you can find my place that I've been Somebody had been arrested of fights or anything like that outside my bar for the last over a year Please somebody tell me where this happened because it hadn't happened and here I am shut down So I don't know how much men is do I got? Okay Another issue is that want to say that Scott love and Chuck love Lovowski on Facebook put out because we were closing down last week This past Monday Well, I said things with a Monday last week Monday, we're close put out there saying that so somebody happened in our neighborhood and He got on Facebook and said oh another incident at rehab I mean a lot of people read that a Lot of people read that and now it's an incident happened to me that they throw that name out there And it's been like that every single night open. I Don't feel this right and another question. I would like to ask the attorney the city attorney here We don't accept any discussion. You just get to make your okay Okay, I'll bring it up in the Tuesdays next week the liquor license because I feel that there was a lot of issues that I still open and it hurt me day by day when I'm close. I just want to let you guys know that Thank you. Thank you for those comments All right, and second on our list is milk storm Milk if you could come up to the front, please No, can I have your home address? Yes, it's 1736 Marvin court, and you will have five minutes, sir. Thank you I had to change my issue on Adjutant when I read the funny page the editorial page of the shipwagon press this morning because I was really taken over the colds It's a David Henning Who writes a column on what's on his mind David Henning happens to be a debate coach out of Lakeland College? He also studied debate at South High when he was a student and now he also helps and assists with the debate teams over at North High and And South High so let me read his Funny page thing here first before I analyze what it is He says shocking intolerance Milk storms letter to the editor about gay marriage is shocking in its ignorance and intolerance Storms and misses those in favor of gay marriage as holding irrational beliefs without explaining their irrationality Same people are those who believe in believe as milk does like a fifth grader He uses no can't see this my need new glasses Like a fifth grader. He uses the dictionary which one I use five of them and Define sex as a difference between male and female species now the press made up Error is fee its male and female of a species. Okay Storm claims that churches can make a more truthful and righteous Decision than court shocky which church milk's church. No, I go to five different Maybe eight churches Why not a Muslim or a Wittconner church storm once his notion of Christian churches making the laws of our land? Well, he ought to go to talk to the Muslim preacher over there. They got in Lakeland. Maybe he gets some information from that guy You say I know all these people and they're going to get to know me That's a theocracy We see is a theorem a State run by religious leaders like the Taliban Iran and Saudi Arabia This intolerant anti-American idea runs contrary to the Constitution and 230 years of American history. It's nothing more than a thinly veiled threat to stomp out anyone who This agrees. Let me teach Mr. Heading a little thing about the Wisconsin Constitution This is section 18 of the Wisconsin Statute as amended November 1892 The right of every person to worship Almighty God and that's to capitalize According to the dictates of Wisconsin shall never be infringed Nor shall any person be compelled to attend direct or support any place of worship or maintain any Ministry without consent Nor shall any control of or the interference with the rights of contents be permitted Now for the Shabuagan press to read something like that that could bring a lawsuit What the press should have done is put in a disclaimer that the thing that he wrote is not literally the Same opinion as the opinion as the press When I homeschooled myself in the Bible and electronic Energy or I went to the dry Institute of electronics. I homeschooled myself While I was also reading the Bible and working to farm to send my identical twin brother to the University Lawrence University and then finally he got a master's degree in the University of Michigan and computer technology this President was a very religious man And after all of my lessons, he always had a note from his notebook and I like to read this one It's called kindness is one of the last ones that I read or that I've received If I were only selfish and if there were no other merit and kindness I would try to cultivate the habit of doing kindly deeds for others and I might Reap the benefits. I know be my certain reward Kindness is regarded as a cardinal virtue by the followers of all religions. None of whom can claim its discovery But if all religion were destroyed kindness would still be practiced. It would be considered good business The kindly man or woman is the personification of the golden rule He or she speaks or acts with full consideration of how a friend a neighbor a business or a community might by word or deed be injured or Excuse me, Milt your five minutes are up. Oh, can I have one more? Please wrap up This is no This is no brief of kindness as one of the keys to eternal life It is a statement of fact some concerning the positive return in material gain from an investment that first pays one more than adequately in spiritual Satisfaction Thank you, Milt. Thank you for those thoughts Milt and that would be it for public forum. Thank you very much Next we'll move on to the 2014 budget summary Could you get somebody to turn down the sands a little bit Next we'll move on to the 2014 budget summary presented by our city administrator Jim Imodio much better. Thank you Thank you mayor Before you you have an executive summary the 2014 budget. It was updated earlier Today and I'm sorry Sorry, I was updated earlier this morning a little bit of background Residential and commercial assessed values for 14 have remained pretty consistent with 13 and they've only dropped about 1% since 2008 values Equalized values from 14 dropped 4.4 percent over 13 And have declined roughly 14 percent since 2008 as you know We've talked earlier about this a full city evaluation will be done Revaluation will be done during 2014 to bring the assessed values in line with market values Cities tax levy has remained relatively constant for the past seven years and in 2013 The city's rate was reduced by 13 cents per thousand due to tax increment district three closure in 2013 the tax levy was used to fund the general fund at 73 percent the library at 11.1 debt service at 13.5 and transit at 2.4 percent Entering 2013 the city improved its reserves in the health fund workers comp fund and general fund motor vehicle fund reduced slightly in 2012 Staffing levels for the city over the past eight years have been reduced by 14.1 percent or 51 full-time equivalents There was a net one-person reduction between the 13 and 14 budget The budget assumptions that we used in 2014 were escalation of two and a half percent of payroll WF contribution changes approved by the state and dental premium increase of four percent Stepping off from the 13 budget escalation amounted to five hundred and forty thousand with benefits Which included delays in hiring in the 2013 budget for new hires during the year and that impacted 2014 by roughly a hundred and forty nine thousand We have two additional elections in 2014 that would increase the budget by a hundred and ten thousand dollars The increase in dental premium was sixty one thousand dollars and we actually lost a hundred and twenty thousand dollars in CDBG funding This created an increase in the expense budget of about one million oh thirty four On the revenue side there was a reduction of two hundred and twenty five thousand for the end of the three-year police grant Which the city received? The combined deficit before we started the budget budget process was one million two hundred and fifty nine thousand dollars during May and June there were two rounds of budgets and When we went through these budgets, we reduced the expense side from a million oh thirty six to four hundred and fifty four thousand dollars In revenue from a two hundred and twenty five thousand dollar decrease to actually a hundred and sixty one thousand dollar increase over thirteen levels The net shortfall as we stand today in the budgets that you received is currently two hundred and ninety three thousand dollars The following are the increases fourteen over thirteen general government. There was no increase twenty seven thousand city development was up sixteen point eight percent and that's primarily driven by the loss of the CDBG funding which funded parts of our employees Police was up two tenths of a percent fire was up one point three Public Works one point six and the overall expense budget was up one point three percent Overall employees cost in the general fund is seventy nine percent of the total cost General government is at seventy percent city development at eighty three Police at ninety percent fire at ninety four and public works at fifty nine percent I won't go through all the detail, but you can see this outlined here wage is increased by six hundred and forty five thousand Due to escalation delay in hiring personnel in thirteen Part time position elimination in clothing allowance increase and this is what we negotiated with the police department So you'll see a clothing allowance increase because we put it in their base salary You'll also see the offset to that in the fringe benefits fringe benefits went up by a hundred and five thousand dollars With FICA health and retiree and clothing allowance Non payroll costs decreased thirteen over fourteen over thirteen by eighty six thousand dollars And revenue increased by a hundred and sixty one thousand dollars in fourteen over thirteen Primarily driven by increasing Municipal court and ambulance services of a hundred and fifty nine thousand and a levy transfer of seventy one thousand The fourteen budget assumes the same level of service provided in thirteen the challenge is seventy nine percent of general fund is employee cost Twelve and a half percent as public works non-parallel costs for infrastructure and roads And the other eight and a half percent as non-parallel related costs to support all other departments in the city If the council so chooses to bring the levy rate back to two thousand and twelve levels They can increase the levy by thirteen cents a thousand and there would be no need for any further cost reductions in 2014 as a recommendation For 2014 the cost of city services are as follows Public protection safety is twenty point one million or fifty seven percent of our budget Public works is ten point six million or thirty percent of our budget General government is three point nine million or eleven percent of our government in city development is eight hundred and sixty seven thousand or two percent The questions should be held for the committee meetings There are two opportunities for committee meetings the week of seven twenty two in the week of eight twelve So the committees can set their departments for their full budget review Those are due back to council on 819 They're then referred from council to the finance committee on 826 It is then referred back with the finance committee's recommendations to the council on 9 3 We publicate the budget on 10 1 We have the hearings on 10 20 and if there are no issues we adopt a budget on 11 4 That's the current schedule that we have so again there are two opportunities for Committee head committee chairs to hold budget meetings, which is the week of seven twenty two or eight twelve Thank you very much Jim, thank you very much for that report Next we'll go on to the mayor's comments First of all, I'd like to ask Garrett Erickson to step up to the podium I just like to take this opportunity To introduce Garrett to not only the alderman and but also the community that's watching on TV On June 10th Garrett Erickson became the sixth library director in the history of our meet public library And it's a hundred and sixteen year existence Garrett came to us from the wasa area where he spent eight years as the operations Manor manager at Marathon County Public Library Previously had done IT work at the Department of Public Instruction and in private industry Garrett was interested in the role of the library director at me because it offered a leadership position in a similar sized library to the Marathon County Public Library He also liked the idea of moving to Sheboygan because his wife grew up in the Plymouth area and still have many friends and family in This area. He's married to Terry Schneider Erickson and they have two children Kale and Cora Garrett would you like to add anything to that? Well, I just like to say my family and I's very are very excited to be in the Sheboygan area as Stated and I just look forward to working with all of you in the future Welcome to the city team. Thank you Garrett Next I just like to announce that The 30th annual night out is going to be held Tuesday August 6th at Fountain Park and participants can plan on A short walk around the neighborhood and that will start at 6 p.m. I also like to just Mention that deal door or me wastewater treatment plant superintendent had resigned We'd hope to have him here, but he's already off to his new job. So I just wanted to make notice of that He he got a really good position Disney World is putting a brand new wastewater treatment plant in in the hair deal to run that for him So he'll be able to hire his own crew and everything and have a brand new plant to work with They'll brought a new vision of sustainability to the operation of our wastewater treatment plant And we really appreciate all the work that he and his team did there Sharon Thyssen is gonna be his name the interim superintendent and We'll start out in that role and then we'll look to fill the position later We recently heard from Benjamin Moore's paint that matters campaign Remember we sent some emails out to all of you and tried to get it out on Facebook and other social media Well, she boigen was selected as one of the 20 communities. That's going to get a makeover and I'd like to thank all the residents and and the friends of she boigen who went to their website and clicked and voted for She boigen to to win this now, they will be Completing all the projects over the next year with the help of local benches and more retailers and painting contractors So they'll be sending some designers in to work with all the individual Buildings and owners to put a plan together in the next year. We should see some new paint going up and speaking of painting She boigen's been working on a an art project with the Worcester art project with John Michael Kohler Art Center and there's a nice article in the paper about the land park beach bath house which was painted last week and There's going to be some work done on Kentucky Avenue and 14th Street Bridge this week There also be some work done on 10th and Erie location and We're going to see some work under the a street bridge as well as a barn across from Maywood So those are some of the other projects that will be a part of that Worcester art project Next we'll move on to item number two a hearing a hearing regarding the proposed special assessments for water lateral replacements in Barrett Street from Lake Court to Lighthouse Court Is there anyone wishing to be heard? Is there anyone wishing to be heard? Is there anyone wishing to be heard? Alderman Hammond. Thank You mr. Mayor move to close the hearing second It's moved in second in to close the hearing any discussion Seeing none the clerk, please call the roll tie Sorry, I didn't mean to say it that long 14 eyes Thank You Next we'll go on with the consent agenda Which will include items 3-1? from 3.2 1 except for item 3 2 which will be referred to the public protection and safety committee Alderman Hammond Thank You mr. Mayor I move to accept and file all all RO's accept and adopt all our C's and put all resolutions and ordinance upon their passage second It's been moved and seconded on the consent agenda Alderman Boren Thank You mayor van der steen. I would like to pull forward document number 317, please And I would ask that document be held and referred to the committee of the whole Is there a second to that motion second Okay, it's been moved and seconded at RC by the finance committee authorizing extending the contract with EMS medical billing Associates LLC of Milwaukee for providing emergency medical services billing and collection services for an additional two-year period By letter of agreement to that effect So you want to hold this I want to hold the document and refer to the committee the whole Okay, is already everyone understand the motion Any other discussion Alderman down here? I Still I think I still have the floor mirror. Okay, go ahead I just want to mention that when mr. Kiefer was up here from EMS billing I think it was in February to talk to the finance committee I sent it an invitation to him to speak with the Council as a group at a committee of the whole meeting and he was agreeable to that I haven't been able to put together a date But I'd like to do this sometime either the last week of July or sometime in August I'll work with chief Herman on Firming up a date with mr. Kiefer and work on work with chief Herman and mr. Amodio on an agenda for that committee of the whole meeting. Thank you. Thank you Alderman Hammond Thank You mr. Mayor I guess I just like an explanation of why we're moving this from finance who approved it to the committee of the whole It's highly unusual that we would do something like that So I guess I just like an explanation of why we're doing that. Thank you Alderman born would you care to respond? Well for the reason I just stated I've been trying to put together a meeting with mr. Kiefer since June and Haven't been able to firm up any dates with him and being that we are Considering renewing the comment the contract for EMS billing. I think it would be a good opportunity for the council the entire council to hear from mr. Kiefer on that subject and Being that we have a lot of new older persons the last couple of years I think it's an opportunity for some of the new older persons to also hear about the financials of the of the ambulance service So that's the reason for information Transparency and I understand in talking to one of the finance committee members from last week's meeting that The contract itself was not reviewed with the members of the finance committee and I if this was coming to a vote tonight I wouldn't vote for it because Generally when we're approving any contract or renewal of contract We have a copy of that contract to review before a council meeting and I don't believe the finance committee members had a copy of the Contract and neither did the rest of the alderman. So I guess in the in the entrance of interest of Mr. Kiefer being willing to come up here and make a presentation. I thought it would be a good idea to take them up on that offer Thank you Other than down here. Did you have a comment? Mayor I'm asking to pull another matter Okay, thank you. Any other discussion on the motion to hold this item? See Procedural matter Alderman Borne the hold is to Leave it in the council not to act on it tonight Yeah, that's different than referring if you want to refer it to the committee Then you don't want to hold it. You just want to have it referred to the committee. That's the procedure That's fine. Then I'll event my emotion to refer it to committee the whole Second Okay The original motion has been retracted and a substitute motion has been put on the floor to refer this to the committee The whole is that correct? Yes. Okay, any discussion on that motion as amended? See not all those. I'll do the clerk. Please call the roll on that amendment eight eyes six nose That motion passes so then we're going back to the Original motion on the consent agenda to refer all items three point one through three point two one except 3.2 which is being referred to public protection and safety Alderman Donahue Thank You mayor. I would ask that 3.5 be removed for separate discussion Okay, please go ahead on 3.5 and then I would Move that the proposed ordinance be put on its passage Any discussion on that is there first of all is there a second? Alderman Donahue did you need to discuss it just to pull it to vote separate actually I need to There's an amendment that needs to be made tonight to the ordinance As we're putting it forward Okay, so Alderman Donahue made a motion on passage. Is there a second to that motion? It's been seconded. Okay under discussion of the motion and then Mayor I would move that the ordinance be amended So that the first line of section one of the general ordinance to insert after quote Contained here in unquote and before quote 8th Street ale householdings LLC unquote the following language Quote and the provisions of section one one zero dash five zero one through one one zero dash five oh three of the Sheboygan Municipal Code and quote Second has been seconded on the amendment. Could you please explain the intent of the amendment? Yes? I can thank you This particular ordinance relates to an encroachment for the a street alehouse to essentially at a sidewalk cafe Along the north side of the building Attorney McLean has explained to to me that What we are doing is inserting language relating to the city's regulations of sidewalk cafes To include that in the ordinance because it is a bit more than just an encroachment It is a encroachment for the purpose of maintaining an outside dining area So this is just to include that language And and and make it a bit more clear as to what the a street alehouse will be required to comply with very good Thank you for that explanation. Is there any further discussion? Jad Pellecek just as a point of clarity this encroachment is for the encroachment on the east side of the building The a street side. They already have an encroachment for the north side of the building So just so everybody knows that it's the encroachment to have the sidewalk cafe on the Side facing the paradigm coffee shop or St. Clair Evan has already been approved. This is for the a street site Thank you for that clarification Jad. Is there any other discussion on the amendment? Seeing none all those in favor Just a second we'll call the roll in a second I'm just gonna put it to put you can give me the wording later. This is to vote to change the wording 14 eyes The motion passes next we have a motion that was on the floor is now amended Any further discussion on the motion is amended See none. Would you please call the roll on the motion and this would be to pass the RO and the ordinance as amended 14 eyes Thank you, then back to the consent agenda The motion is on the floor to approve those other items as noted except for item 3.2 Which is being referred to public protection and safety Alderman Lassard Thank You mayor I request a division of the question to act separately on the temporary class be licensed for 2909 Gateway neighborhood association and to approve the others. I would like to have the Gateway neighborhood association be referred to law and licensing That's item What's the item number 3.1 3.1? Okay item 3.1, and you want to separate which item I'd like to request a division of the question to act separately on temporary class be Licensed to 2909 Gateway the neighborhood association which I would like to have referred to law and licensing and approve the others Okay, if there's no we first need to just vote on dividing the question Okay, is that your motion? Is there a second to dividing the question? We have a second and We call the roll for division 14 under division We're going to be asking to refer that item to law and licensing correctly, okay? Is there a second to the motion to refer that to law and licensing? It's been moved and seconded any discussion on that item Doleman Donahue I Assume this is for the Gateway neighborhood associations long block party on Michigan Avenue and while I Do not believe that there were issues last year I would not be necessarily opposed to this but for the fact that I'm concerned about timing I know that this event is planned for some time this summer and So I would just in order for me to vote in favor of this I would need to make sure that this really quite wonderful event can actually take place within the timeline All their men the start can you give us an idea of the timing on this? I'm assuming that it's going to be on August 24th and Checking with the clerk there will be plenty of time for it to get to our law and licensing and they get back to committee well before The event takes place. We just need some clarity on a couple of issues Thank you for those comments any other discussion Okay, the motion is to Send that one item to the law and licensing committee all those in favor Please press your eye button or opposed your name button and the clerk will call the roll 13 eyes one no, okay, then we're back to the consent agenda And we have a motion to approve all the remaining items except for item 3.2, which will be referred to pp&s Is there any to the discussion? All right, clerk, please call the roll and the consent 14 eyes Items 4.1 and 4.2 will be referred both to public protection and safety 5.1 an arrow by the planning commission amending the zoning map will lie over Items 5.2 through 5.6 will be referred to various committees Item 6.1 a resolution by alderman hamlin transferring appropriations in the 2013 budget will lie over Item 6.2 and 6.3 will be referred to both to the public works committee Under reports of committees item 7.1 is an RC by law and licensing Recommending the nine of average opper's light raiders license 9984 based on her failure to accurately reveal all relevant convictions in her application her record of violations and Really that are related to the license activity in her failure to cooperate with the committee all the renvander wheel Snowden seconded that's before us Discussion is Jessica Stanky here this evening She's not here. We invited her to our meeting on two different occasions, and she did not show either time So we denied the license any other discussion on the motion Seeing none will the clerk, please call the roll 14 eyes Next is item 7.2 an RC by law and licensing recommending the nine a taxi cab business 9 or excuse me 2997 the best taxi based on their continued operation of the business without a license after being told That they could no longer operate concern that this business is actually continuation of the all-star taxi business and a negative recommendation from the shaboygan police department alderman van der wheel Thank you. I move that the RC be accepted and adopted Under discussion is anyone is the Gentleman gentlemen here from the best taxi Okay, the committee did deny the license four to one It was heavily based on the police department's negative recommendation as well as the fact that they There's a lot of there's many connections to the Previous business all-star taxi that we had recently had to ask to shut down And we were concerned that it was just a continuation and we didn't want to see that happening Under discussion Would any of you gentlemen like to make a statement? Would you please step up to the microphone and we need your name, sir certainly Mr. Mayor madam clerk, mr. Attorney ladies and gentlemen of the council. My name is Neil and EAL Krakowski Kro KOS KY I'm an attorney at a law firm called Weiss Brasowski Brady in Milwaukee, Wisconsin I have the pleasure of appearing today to represent mr. Moro Castro and his company the best taxi comma LLC if I may proceed after introducing myself. Thank you Mr. Castro has been a resident of the shaboygan area for over 15 years He's driven taxi for several years He's a small business owner like I aspire to be at one point in my life and on July 9 2013 the committee had denied Or rather revoked the taxi business license that he was operating pursuant to At this point in time mr. Castro on behalf of his company has invested just over $8,000 by my records $6,000 to purchase the taxis a little over $1,600 to purchase the insurance plus several hundred dollars for the various city licenses. Mr. Castro is a real person He's here. I have his business cards Unfortunately when I was meeting with him he gave me a stack of his business cards because on July 9 as I indicated the committee voted To revoke his license. Mr. Rios sitting in the back is one of his drivers I know he's brought some of his customers along and we're here today asking This honorable council to reinstate the license of the best taxi LLC and really there are two reasons why When I had read the letters from the assistant city attorney mr. Adams there were two things that were indicated one was this idea that mr. Castro's business is a continuation of all-star taxi and The second thing that his business continued to operate for several days After originally being told that his license was revoked and if you can indulge me for just a couple minutes I'd like to address both of those points as a factual matter All-star taxi who you may or may not be familiar with was a business that was owned and run by a gentleman by the name of Jose Razo Who has no direct blood relation to mr. Castro? He has no ownership interest in this separately established limited liability company. He doesn't participate in the management of the company and When I was little I used to watch the show reading rainbow I don't know if anybody's familiar with that show and at the at the close of every show Levar Burton who narrated it said But you don't have to take my word for it And I have a letter signed by mr. Razo, which mr. Castro would tell you his letter from from mr. Razo that reads as of May 25 2013 I Jose Razo sold all of the equipment I owned from my prior company all-star taxi LLC to morrow Castro I have no affiliation with the management or daily functions of the best taxi LLC I understand he was denied a license because he is dating my sister, but that is where our connection stops We made a business transaction and all businesses ended with that I assure the city and the council that I have no involvement with the best taxi LLC and Hope that he is not judged due to my lack of being able to run all-star All-star taxi LLC property properly and he leaves his phone number in case anybody wants to call him on that point There is no evidence that mr. Razo is in any way Associated directly or indirectly with mr. Castro's business This letter seems to indicate affirmatively that he hasn't been The other point that I want to make gets to this idea that mr. Castro on behalf of his business was Purposefully or unintentionally Running all-star taxi after being told that his business that his license had been revoked Now for my understanding of the facts and mr. Castro could corroborate this Is that on july 2nd of 2013? He received a phone call from a Woman by the name of cinda so far as I understand it in the in the city's office And she indicated that his license had been revoked and he was to cease operating at that time Mr. Castro then Inquired of her if he could have a couple days to wind down his business And it's my understanding that that was responded to in the affirmative So he did continue to operate between july 2nd and july 9 2013 During that period of time based upon his understanding which as it turns out apparently was a misunderstanding And if you asked mr. Castro if if he received a no to his question he would tell you he would have ceased business immediately The reason why I bring this up is because as a small business person. I think mr. Castro shouldn't be penalized for Well, the actions of an individual in a company that don't have any direct management control or any day-to-day involvement in his business As I told you at the outset he's invested almost eight thousand dollars into this business money that he's not going to have returned to him not voluntarily He employed four drivers in the shabuagan area And importantly for what mr. Castro tells me and I have to take his word for it and like I said you can ask him for yourselves if you'd like Importantly he provides a unique niche in the taxi cab industry in shabuagan in that his company is The only one that is specifically capable of handling Transporting Spanish speaking individuals in the community and the last I checked that's about 10 of the population here in shabuagan And I know he submitted a petition signed by 50 or so of his customers His customers will readily tell you that he's faster than the competition quicker than the competition and more helpful than the competition By reinstating his license There's no reason that the committee or the full council Could stop Keeping an eye on his license the ordinances still are what they are and if any Situations arose in the future that you thought required revocation at that time. That's another opportunity to do it But I don't think in my opinion Somebody who operated for approximately seven days inadvertently through his misunderstanding should be penalized for that And so as a small business owner as I indicated On behalf of mr. Castro His customers his four drivers We're here today asking for reinstatement of the license The council could have continuing oversight of it But at least he should be afforded an opportunity To prove to the council to members of the community And to others in government that he is a successful Capable small businessman Thank you Thank you for those comments older man Vander wheel I guess I like to clarify that his license was never revoked When you're given a when you apply for a taxicab business license It's not instated until you are at Come before the law licensing and we approve the license. So it was never revoked. It just had it was not approved Thank you for that clarification Alderman hamlet Thank you, mr. Mayor. Just have a couple questions for the gentlemen. Sure. Thank you First thank you very much for for coming A couple questions Is this a single member llc It is it is and if you look with the paperwork filed with the state, mr. Raza was the sole individual who is the member of the llc and just to confirm that uh, Mr. Raza was not employed doesn't do the book work No way shape or form involved in this corporation or else me llc at all That's that's correct And if you'd prefer I could have mr. Castro respond directly but he'll correct me I'm certain if I speak inappropriately Fair enough and then um, when did this business start? June 21, okay, right Okay, and then secondly, um It'll this be for another discussion if I could hold afterwards very good Alderman boring Thank you, mayor van der steen. Uh, I guess a question for the committee chairman. What were the uh, negative recommendations from the police department I guess then I'd like to have chief dominovsky come to the podium Chief would you care to come forward? police department's negative recommendation is based off of the Actions that the business owner has taken so far In which he's demonstrated that he's not capable of successfully carrying out the business He started the business when he was told that he didn't have a license and couldn't operate He continued to keep operating he testified in front of the committee that he had employed Drivers that were currently driving at that time that didn't have the business license That they required and so that's our concern is The other business failed because they weren't following the ordinances and now we're seeing the same conduct We would like to see a business plan showing the processes. They're putting in place On how they're screening their drivers if they're training them how they're ensuring their licensed weather insurances in place and those kinds of things that would ensure that they're successful Thank you chief any go ahead alderman Thanks chief then if they got all their ducks and earlier might say You wouldn't have any objection to them operating if they got took care of everything you just mentioned correct. Thank you Further discussion alderman hamid Thank you. Um, again also for the committee chair maybe explain Before they can start they have to have licenses before they can start Driving taxicab Correct. Okay. Does the business owner also have to have Some sort of business operators license in addition to just a taxicab license the business license. Okay was forgive me was please was Was that you opened the business 621? Were you aware that you needed those license prior to opening the business? Or did you already have a drive a taxicab license on 621? If I can just make a point of clarification for first of all in response to your question under Under the shabuigan ordinances and I'm going to pull out my copy here if you can bear with me And I'm looking specifically at section 130-56 There are three types of licenses that are required the taxicab business license The taxicab vehicle license and then the taxicab driver's license As far as I understand there's never been a dispute about the driver's license issue or the vehicle license So the only one we're talking about is the business license and what had happened when mr. Castro applied he received he actually received what was titled at a provisional license and Due to some mix up for lack of a better word and there's no animus about that He was operating pursuant to that license Up until about july 2nd as I said when he was advised that in fact there was there's no such thing as a provisional business license And at that point in time his conversation with with The the woman named cinda was is it okay if I have a couple more days to wrap this up? Because I have customers that I need to respond to and at that point in time My understanding is the answer to that question is yes So that's the issue and that's the specific license that mr. Castro and his business are seeking Reinstatement of and with respect to the chief's comments I can tell you that mr. Castro on behalf of his business would be happy to work with Work with law enforcement to make sure that all of their ducks are in a row To use the chief's phrase in order to successfully move forward together Alderman lasard Yes, thank you, mayor I'd like to ask Susan Richards if she was privy to the conversation with cinda regarding the situation And if cinda gave the permission to this taxi company to continue operating after july 2nd City clerk Well, excuse me When we were aware and we were made aware and we realized that a provisional business license was given out when it is not Available to be given out Cinda did make a call to mr. Castro and said your license is not valid. There is no provisional license stated in the code I heard her talking to him and she said you may not operate because there you don't have a license right now And I didn't obviously hear the other side of the conversation. I was in my office I know she Was repeating it saying you don't have a license. You don't have a license Whatever happened. I I don't I didn't hear the other side of it. So I don't know if he asked can I I don't know that I didn't hear that So she may have she may not have I can't answer that But she did tell him that you know the circumstances stand that there is no such thing as a provisional license It was uh our mistake And that he needed to cease and desist operating Whether or not that was understood my understanding it was a misunderstanding, but I can't say yes or no Any other discussion? Allerman born Thank you, mayor I guess I want to ask the committee chairman what would be appropriate for this For us to send this back to the law and licensing committee To see that the gentleman has everything Set to go in business and then if the committee Wanted to take a vote on that and send it back to the council either to approve or deny And I would like to have that done as expediently as possible if you have a meeting coming up soon and Whatever whatever the recommendation is I hate to have this if it's affirmative that we want this gentleman to go into business If that's what your ultimate recommendation is We're not meeting for another three weeks after tonight And if it is affirmative that you want him to be able to go into business And I would ask the mayor to call a special council meeting. We've done this before In certain situations. I would hate to have this gentleman If it's affirmative from the committee have to wait till the first week of august to go into business. Thank you Thank you for that discussion alderman hammond Thank you, mr. Mayor. I'd move to refer this back to law and licensing um But I would also ask That The two of you i'm assuming um put together a detailed business plan about how you're going to comply with The code make sure that we are confident that you understand the code or the statutes ordinance whatever you want to call them and What provisions you're going to put in place to make sure that licenses are kept up to date the renewed on time So on and so forth. So I'd move to refer this back to law and licensing I thank you for that motion. It's been seconded Any other further discussion on the motion? to refer Seeing none will the clerk call the roll. I'm going to call the boys for this very good um bellinger I Lauren I Carlson I Dessler I Downing you Hammond I Heidemann I Herman heart Losard nay Lewandusky no Pentacle I Ben Akron I Vanderwheel I And her seat. Hi 12 eyes to nose Next we'll move on to item 7.3 an rc by law and licensing regarding the nuisance activity that has occurred at the premises owned by Judith ellinger having heard the testimony and reviewed the Documentary evidence presented by the chief of police and by Judith ellinger the committee has found various facts Alderman Vanderwheel thank you move the rc be accepted and adopted second Thank you for that motion in second under discussion The motion is before us then with no discussion the clerk will call the roll 14 eyes Next is item 7.4 an rc by finance recommending authorizing a transfer of appropriations in the 2013 budget for eerie avenue street improvements alderman hammond Thank you. Mr. Mayor. I moved to accept and adopt and put the resolution upon its passage second So moved and seconded Any discussion on that motion? Seeing none will the clerk please call the roll 14 eyes Item 8.1 will lie over and under other matters Or are there under matters laid over 9.1 or is the resolution? 27-13 dad for dash 14 by all alderman lee windoski authorizing the designation of several sites as historic Alderman windoski Thank you for that motion is there a second second it's been moved and seconded the all motion is before us for discussion Any discussion Seeing none will the clerk please call the roll mark 14 eyes Other matters city attorney 10.1 is an r o by the city clerk submitting various license applications for the period ending june 30 2014 and june 30 2015 That'll be referred to the law and licensing committee And 10.2 is a resolution rescinding 2012 real estate taxes for assessment number 5 9 2 8 1 2 0 4 0 8 0 5 9 2 8 1 5 0 3 1 7 0 and 5 9 2 8 1 3 1 6 7 8 0 That'll be referred to finance Thank you, mr. Mayor. I move to adjourn second Thank you for that motion in second. Please call the roll for adjournment 14 eyes We stand adjourned