 Are you getting steamed out? No, I just threw one or two. I don't know. Thank you. Good evening. I'd like to call the 26th meeting of the 2015-2016 Common Council to order. Would the clerk please read the quote for today? Thank you, Mayor. My job is very well done and has been carried out by people who are fully dedicated as always a source of inspiration. Thank you very much. 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. Would the clerk please call the roll for the meeting? There are 16 present. Thank you. Next move on to approve the minutes from our last council meeting, Alderman Hammond. Thank you, Mr. Mayor. I move to approve. Second. Thank you for that motion and support. Is there any discussion on the minutes? Seeing none. All those in favor, please signify by seeing aye. Aye. Opposed? Motion passes. Next item is resignation. City Attorney. We have one resignation from Alderperson Don Hammond from the Shpoygan Common Council, effective the end of the day today. Moves in the night. Thank you. Alderman Hammond. I'll second that. Third, move forward. Move to accept and file. Move to file? I think I have the floor. Second. We have a motion and a second. Wanted to give you one more chance. Appreciate it. All those in favor, please signify by seeing aye. Aye. Opposed? Aye. Motion passes. Is there any public forum for this evening? Not this evening. Thank you. Next move on to Mayor's announcements. Tonight on the last meeting of our council for this year, we have to say goodbye to some very good friends and some people who are great colleagues. The first one is Alderman Julie Koth. Julie served from 2009 to 13, and then she took some time off and came back from 2014 to 2016. During that time, Julie served on the standing committees of salary and grievances. During the time on salary and grievance, she served as vice chairman on finance committee. She also served as vice chairman. She was on the public works committee and the law and licensing committees. She also did service on several other committees, the board of housing appeals, the building use committee, the group health insurance committee, the group health and wellness committee, the mayor's neighborhood leadership cabinet, the senior activity center commission, the special committee on risk management, and the sustainable Sheboygan task force. And she's made a request to me to try to find another committee for her to serve on as a citizen. So I'm working on that for her. Would you please come up and accept the certificate of appreciation? The certificate reads, the city of Sheboygan is honored to present Alderman Julie Koth, the certificate of appreciation and recognition for her six years of dedicated service to the city of Sheboygan, signed by Jim Immodio and Mayor Mike Van der Steen. Julie, congratulations. Would you like to say anything? Please do. Phil, this is not my first farewell speech. It's going to be my last. I'd like to thank my constituents for allowing me to be here. I'd like to thank the comic council, city staff, elected officials. It's been a pleasure and an honor working with each and every one of you. I'd like to thank Alderman Scott Lewandowski and Alderman Jody Vanderwill Bonnet for giving our district or giving our constituents a choice. So thank you for that. And to Don, chief, living the dream, whereas... Thank you so much for all your help for keeping us out of hot water. And good luck. Thank you. Next is Alderman Don Hammond. You know, Don was pressed into service while in his first term to serve on the finance committee. And three months into that service, there were some issues that needed to be resolved and people left positions. And Don was asked to serve as chairman of the finance committee. And he's done that very admirably since. And he's also then elected the following term president of the council. But the positions that Don's held as president of the council, 2013 to 2016, finance committee chairman, public works committee, salary and grievances committee. Other committees that he's held during this time is board of housing appeals and fair housing practices, capital improvements commission, city county shared services committee, collective bargaining committee, redevelopment authority, Sheboygan transit commission, special committee and risk management, and strategic fiscal planning committee. And I think you all know that Don puts a whole lot of extra time in whenever something was needed here at city hall. He would be here to participate and play a role. Don, you've done an exemplary job and I'm very proud to present you with this certificate. If you please come up. The city of Sheboygan is honored to present Alderman Don Hammond, the certificate of appreciation and recognition for your five years of dedicated service from April 20th of 2010 through April 18th of 2016. Don, thank you so much. Appreciate it. Thank you. Obviously, I was really bored the last seven years. So jumped on every committee I could possibly think of. So I won't talk too long. I think I said a lot last time, but I just do echo Julie's comments. Thank everybody for their help and friendship. Also our constituents in my district that was the fifth or seventh now it's seventh or fifth change with redistricting. But do appreciate all their support and help in the kind emails that I've gotten over the last couple last week or so. Again, I just encourage you guys to stay focused on economic development, stay focused on keeping debt down, stay focused on the finances and the city will continue to be in great shape. So thank you. Next is proclamation for Arbor Day. Proclamation by the city of Sheboygan, whereas in 1872 Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees and whereas this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska and whereas Arbor Day is now observed throughout the nation and the world and whereas trees can reduce the erosion of our precious top soils by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, provide life giving oxygen and provide habitat for wildlife and whereas trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products and whereas trees in our city increase property values, enhance the economic vitality of business areas and beautify our community and whereas trees wherever they're planted are a source of joy and spiritual renewal I, Mike van der Steen, mayor of the city of Sheboygan to hear by proclaim April 22 is Arbor Day in the city of Sheboygan and urge citizens to celebrate Arbor Day to support special efforts to protect our trees and woodlands I'd like to present this to Joe Curlin, the director of parks and forestry for the city of Sheboygan and to go along with that we've got a special meeting on the Emerald Ash borer it's a public information meeting and one of the strategies that the city and our citizens may want to use for the trees that are on their own property is to treat those trees to eliminate the Emerald Ash borer that's found in many of the ash trees the best time to treat this plight of treatment is in the late spring early summer so we're having a meeting on April 20th at 7 p.m. at the Qantas Fieldhouse and people can get more information so they can make good decisions there's also a neighborhood bus tour in association with our neighborhood programs that's going to be April 26th, that's Tuesday at 5 p.m. people should meet at the Sheboygan County Museum and this will be touring the neighborhoods of Flats, Kings Park, River Watch, South Pier, Sheridan, and River Bend and if they are interested they should RSVP to 4590251 there's a limited of 30 people that can participate and I just want to let everybody know that because we have a new thing happening with the council meeting tomorrow we're going to be electing a new alderman to fill Don's position so your appointments will not be available until after that election I sat down with both of the candidates and asked them to fill out the same surveys that you did and the appointments are going to be different based on which candidate wins the election so those will be available for you right after the meeting tomorrow as we go forward next we'll move on to a public hearing Item 2.1 is a hearing to amend the city's zoning map to change the use district classification of property located at 630 River Front Drive from Class CC Central Commercial to Class CC with a planned unit development overlay classification is there anyone wishing to be heard would you please step up to the podium I have your name please Leslie Kohler I'm Leslie Kohler I'm with C's Chairman of C's and I'm just looking for the support for this change in the zoning so that we can build our new boating building down on East Street thank you very much Leslie is there anyone else wishing to be heard is there anyone else wishing to be heard Alderman Hammond Mr. Mayor I move to close second thank you for that motion all those in favor of closing the hearings please signify by saying aye aye opposed motion passes next we'll move on to the consent agenda this will include items 3.1 through 3.14 Alderman Hammond thank you again Mr. Mayor I move to accept and follow all reports of officers accept and adopt all reports of committees and put all resolutions and ordinances upon their passage second thank you for your motion and support is there any discussion on any of the items in the consent agenda seeing none the clerk please call the roll for passage 15 ayes motion passes item 4.1 is an arrow by the redevelopment authority to whom was directly referred resolution number 191 of 1516 by Alderman Hammond approving the terms and conditions of the ground lease agreement between the redevelopment authority and the south pier Sheboygan LLC and recommends approval of the resolution Alderman Hammond thank you Mr. Mayor I move to accept in a file and put the resolution upon its passage second thank you for that motion and support under discussion Alderman Lussard thank you Mr. Mayor I'm curious how we came to with the terms and conditions to address the section 8.0 issue that we had before can I answer that for you so to simply say that we cannot allow it to become low income housing section 8 or any of the other programs is not legal we can't do that so I'm not sure if it shows in the ground lease yet at this point but we are working on language that will be added that basically says to the extent allowed by law it's going to remain market housing okay thank you any other discussion hearing none whether clerk please call the roll for passage 14 ayes 1 no motion passes item 4.2 is arrow by the redevelopment authority whom was directly referred resolution 192 of 1516 by Alderman Hammond approving the terms and conditions of the development agreement between the city of Sheboygan the redevelopment authority in the south pier Sheboygan LLC and recommends that the resolution be passed Alderman Hammond thank you Mr. Mayor move to accept in a file and put the resolution upon its passage second thank you for that motion and support again under discussion Alderman Hammond thank you Mr. Mayor I guess I want to say that I appreciate the efforts of this project I think it's going to be very transformational for the south pier what the south pier plan calls for so I look forward to seeing this on the skyline over the next couple of years so thank you thank you for those comments any other discussion seeing none will the clerk please call the roll for passage I'm sorry Alderman Donahue I'm just an eye my machine's restarting alright oh okay sorry Joe not you too right no 14 ayes 1 no motion passes items 4.3 and 4 point through 4.7 will be referred to various committees of the new council under resolutions items 5.1 and 5.2 will also be referred to committees of the new council under reports of committees item 6.1 is an RC by law and licensing to whom is referred our own number 296 of 1516 by the city clerk submitting various licensed applications and recommends that taxicab driver's license application 0565 be denied based on his excuse me upon his failure to accurate reveal all relevant convictions on his applications his record of violations to the licensed activity his record as a repeat law offender and his failure to cooperate with the committee Alderman Lussard thank you I request that I move that the report of committee be accepted and adopted second thank you for that motion and support under discussion is Tanya housey available as she should come today we denied her license she was called in twice and never came before us so it was a unanimous decision to deny her license thank you any other discussion on the motion all the person on the start I believe this person is Nathan Krieger 0565 is Nathan Krieger here thank you for that clarification okay then with a clerk please call the roll on 6.1 15 eyes motion passes item 6.2 is an RC by law and licensing to who is referred our own number 296 of 1516 by the city clerk submitting license application and recommends that beverage operators license application one zero zero nine be denied based on her failure to accurate reveal all relevant convictions on her applications her record of violations related to the license activity her record as a repeat law offender Alderman Lussard thank you I ask that the RC report of committee be accepted and adopted second thank you for that motion and support under discussion Alderman Lussard is I hope I have this one right Tanya how's he no this is Jaja Vest oh my goodness fine stuff I don't know what was his name again city attorney Jaja Vost is she in the audience Jaja do you want to come up to the podium would you like to address the council on the issue yes I reviewed this and I was here last week first of all I want to say failure to you know all my relevant convictions I didn't fail to do that I did put down the misdemeanor in the OWI and the woman before me Marquita Norton you know the conditions upon application was being corrected okay so you know records violations related and to the license activity I'm going to state this because says here a city may not refuse to license qualified applicant because of a conviction record for an offense unless substantially related to the circumstances of a particular job you know also you put here a record or second is a repeat law violator nothing has to do with license of working at a gas station as a clerk that's all I want to do is I'm a clerk I'd be a clerk I just want a job the I mean that's all I can say everything you guys have on my CCAB I mean this goes back to 2000 I don't know what you're trying to pull up here there's two disorderly conducts and then we're from at home okay well thank you very much for those comments thank you Mr. Mayor we had a lengthy discussion in our in our meeting and upon we asked the police department what they had recommended they didn't have a recommendation but they did have a discussion and the problem that they have had is they've had an extreme amount of contact with this particular party and she has been intoxicated each of those times and we were looking that hopefully within four to six months she could have a better record of not having contact with the police party regarding sobriety issuing a operator's license for her to work at Clark Gasoline Station is one issue but once you're operating getting an operator's license it's good for if you wanted a 10 bar or anywhere within the city so the vote was four to deny and one to approve and I wonder if our city attorney could go over the charges the items she did include a 2012 misdemeanor conviction for operating a motor vehicle while intoxicated she did not reveal an ordinance conviction from 2007 for misuse of 911 an ordinance conviction from 2008 for disorderly conduct an ordinance conviction from 2009 for disorderly conduct a misdemeanor conviction from 2010 for disorderly conduct an ordinance conviction from 2012 for unlicensed animal a 2013 misdemeanor conviction for disorderly conduct the committee made the determination that this vote not only failed to reveal all of her convictions on her application but that the violations for the most part all but the unlicensed animal were related to the license activity the committee's decision on that was based on what Alderperson Lassard indicated with regard to the police department's concern that in each of these incidents as well as other contacts the police have had Ms. Vost was always highly intoxicated thank you for those comments Alderman borne my question was answered thank you thank you very much okay is there any other discussion seeing none all those in favor of the motion please signify by I'm sorry we have to do a roll call 13 ayes 2 noes motion passes you're excused on thank you item 6.3 is an RC by law and licensing referred pursuant to our own number 323 of 1516 by the city clerk license applications for the period ending 1231 16 through 630 17 recommends granting the licenses Alderman Lassard I asked I moved that the report of committee be accepted and adopted second thank you for that motion in support is there any discussion on the motion seeing none please call the roll for passage 14 ayes motion passes item 6.4 is an RC by finance to whom was referred resolution number 187 of 1516 by Alderman Hammond authorizing a transfer of appropriations in the 2016 budget to establish appropriation for purchase of adjacent lot to with Wildwood athletic field and recommends that the resolution be passed Alderman Hammond thank you Mr. Mayor move to accept and adopt and put the resolution upon passage second thank you for your motion in support discussion on the motion seeing none will the clerk please call the roll for passage 15 ayes motion passes 6.5 is an RC by finance to whom was referred resolution number 186 of 1516 by Alderman Hammond authorizing a transfer of appropriations in the 2016 budget to establish revenue and appropriation for donation from Webster bank for police department bike rodeo and revenue and appropriation for advance to 16 land improvements and recommends that the resolution be passed Alderman Hammond thank you Mr. Mayor move to accept and adopt and put the resolution upon its passage second thank you for that motion in support under discussion Alderman Boren thank you Mayor Alderman Hammond $500,000 so those improvements are is that the additional money that has to be spent on the Boston star property yes thank you any other discussion see none will the clerk please call the roll for passage 15 ayes motion passes item 6.6 is an RC by finance to whom was referred resolution number 193 of 1516 by Alderman Hammond approving the first amendment to the contract for seal of land for private development and buy in between the city of Sheboygan and a street housing corporation and recommends that the resolution be passed Alderman Hammond thank you Mr. Mayor move to accept and adopt and put the resolution upon its passage second thank you for that motion in support is there any discussion on the motion seen none will the clerk please call the roll 15 ayes motion passes item 6.8 is an RC by finance to whom was referred resolution number 21 of 1516 direct referral by Alderman Hammond approving the terms and conditions of the ground lease agreement between the redevelopment authority and south pier Sheboygan LL recommends that the documents be accepted and placed on file Alderman Hammond thank you Mr. Mayor move to accept and adopt and put the resolution upon its passage second thank you for your motion in support any discussion on that motion on 6.7 I'm sorry 6.7 let's back up there if that's okay with 4 motioners okay we'll just continue with 6.8 Mr. Mayor I think you read the resolution correctly you just had a number at the beginning wrong okay so we're voting on 6.7 thank you for that clarification any other discussion on 6.7 ayes 1 no motion passes item 6.8 is an RC by finance to whom was referred a resolution number 191 of 1516 direct referral by Alderman Hammond approving the terms and conditions of the ground lease agreement between the redevelopment authority and south pier Sheboygan LLC and recommends that the documents be accepted and placed on file Alderman Hammond thank you again Mr. Mayor I really didn't want to work this hard my last day but I moved to accept and adopt and put the resolution upon its passage second thank you for that motion in support any discussion on that motion see none will the clerk please call the roll just a clarification it's not to pass the resolution it's just to file the documents correct 6.8 my apologies yes just to file second to that 15 ayes and that motion to file is passed item 6.9 is an RC by public protection and safety to whom is referred general ordinance 58 of 1516 by Alderman feel many subsection 26 dash 1008 a of municipal code relating to certification of compliance with clear water requirements and wishes to send the document to the council with no recommendation Alderman feel thank you mayor and move the RC be accepted and adopted second thank you for that motion in support under discussion Alderman feel I was unable to attend the public protection and safety meeting this week so I would ask Alderman Bellinger to fill everybody in on what happened thank you Alderman Bellinger thank you thank you mayor I would like to defer to the city attorney but what happened at the meeting was apparently there's a state statute that you can no longer attach the clear water requirement to the sale of homes and so as a work around what they did was had any superior building permit that would be pulled that would be would trigger the clear water inspection and at the meeting there was some lengthy discussion and it was a two to two vote so it came out of committee with no recommendation but I guess I would defer to you and give clarification you know if we know why we can't tie it to the sale of the property and understanding that it's the certificate of clear water compliance is good for two years so if you were to say remodel your basement and that would trigger an event and you would have the clear water certificate and you would be good for two years then a couple years later or you know more than two years later you remodel your basement you pull another permit then you have to get another one I'm assuming that's correct and so I guess it's there was some issues with the frequency or how long the duration of a clear water would be good for and how often that homeowners would be under this burden to get this done so if you could just clarify some of that for us. Sure. Thank you all I'm in board city attorney. This ordinance actually doesn't deal with the time frame what happened is approximately a year ago this council approved a change to move from doing clear water certification at the time of sale to the time of pulling a building permit they did that because the legislature passed a law that prevented us from enforcing at the time of sale so this body did approve a change kept all the rules intact other than the time frame of when a permit would be or when a clear water certification would be required during that during the work in under the new ordinance the building inspection department found one issue that they felt was detrimental to citizens who were getting the clear water certification and that was they were coming in for a permit because they expected to be able to get the permit pretty much right then and there and then finding out no you have to get a clear water certificate first and if the clear water inspector because he's busy that day or happens to be on vacation they would not be able to issue the permit to that person at that time until the inspector had had the opportunity to go in and take a look at it so what this ordinance does is basically provides a 10 day period of grace so what happens now under this ordinance if it's approved someone comes in applies for a building permit finds out that they need to get a clear water certificate they would get the permit that same day so long as they set up an appointment for the clear water inspector to come in during the next 10 days and so then the clear water inspector would come in during those next 10 days approve or disapprove and we're good to go obviously there is potential concerns where you know maybe a certificate isn't issued then because it doesn't pass or the person doesn't allow this the clear water inspector in but in those cases the permit would be invalid at that point they don't expect that that's going to be a major problem so that's the issue before you today I understand from talking to attorney Simon there were some discussion on some of these other issues but those were all things that were in the prior ordinance that was passed a year ago and it's only good for two years correct? I believe it is good for two years but this ordinance doesn't affect that one way or the other is the two year limit a state statute or a number that we came up with? That's a number that was approved actually a number of years ago when it used to be that it was only good at the time of the sale and so the council did probably five, six, seven years ago approve allowing it to be good for a period of two years. Alderman Boren Thank you Mayor. Does anybody have an idea of what the compliances among the citizens with the clear water requirements? Do you have any ideas that you know 80% are in compliance? 40%? Does anybody have any idea? Thank you. Alderman Bellinger As part of the public works committee I am aware that the clear water treatment numbers have been going down the last few years and so we're reporting and we have to report those were required by the DNR I believe to report these figures so the treatment of clear water has been going down which is a good thing and it's the fear that Sharon at the water treatment plan has is that should we not pass this or somehow loosen it up the ordinance in some way that the clear water results will go the other direction where there will be greater volume of clear water that's having to be treated and thus reported and then we become out of compliance with the DNR so that's a fear from the water department or the switch treatment plan. Thank you Alderman Bellinger, Alderman Heidemann. Thank you Mayor. Is there a cost with this certification for this inspection? My understanding and again this is not under this ordinance but my understanding it is free to do it as long as you get the first inspection. If there has to be a second inspection, if you miss an appointment and don't let the inspector in when you said you would, there would be a fee for additional inspections thereafter. Any other discussion? Seeing none then on the clerk please call the roll. So this would be to accept and adopt and pass the ordinance. Yes. 15 ayes Motion passes. Item 6.10 through 6.14 will be referred to various committees under ordinances. 7.1 is in ordinance by Alderman Donahue, Hammond, Boren, Heidemann and Cough. Amending sections of the municipal code as to amend the table of organization in the public works engineering division Alderman Donahue. Thank you Mayor. I would move to suspend the rules. Is there an objection to the suspension? Seeing none please proceed. Thank you. I would move that the ordinance be put upon its passage. Thank you for that motion and support. Is there any discussion on the motion to approve the ordinance? Seeing none will the clerk please call the roll. 15 ayes. Motion passes. Matters laid over. 8.1 is an RO number 319 of 1516 by the city planning commission. Please refer general ordinance number 49 of 1516 by Alderman Donahue and Jose. Amending the zoning map to change the use district classification of property at 824 South A Street from Class CC Central Commercial to Class CC with a planned unit development overlay classification recommends that the ordinance be passed. Alderman Bellinger. Thank you Mayor. Move to accept and file and pass the ordinance. Thank you for that motion and support. Is there any discussion? Seeing none will the clerk please call the roll. 15 ayes. Motion passes. Items 8.238.5 I need a motion to approve Alderman Hammond. Thank you Mr. Mayor. I move to put those resolutions upon their passage. Second. Thank you for that motion and support. These resolutions are directing public hearings for the future land use map of the comprehensive plan. Directing a public hearing to change the zoning map for property located at 1524 1526 Seaman Avenue. Public hearing to change the zoning map for property at 1413 Erie Avenue and 1416 Ontario. And to change the future land use map of the comprehensive plan to change the use classification for the property at 1413 Erie Avenue and 1416 Ontario Avenue from neighborhood preservation to community mixed use. Is there any discussion on the motions? Seeing none. Will the clerk see it's a voice vote. All those in favor please signify by saying aye. Aye. Opposed. Motion passes. Under other matters city attorney. There are two other matters. The first is an RO by the city clerk submitting a claim from Scott P. Mulder for alleged damages to his right hand side mirror. That would be referred to the finance committee of the new council. Aldermen Hammond. Thank you Mr. Mayor. I would move to adjourn. I think my learning is going to be a little harder than I thought. Thank you Mr. Mayor. I would move to adjourn. I think my learning colleague said it's in a day. Second. Thank you for that motion in support. Will the clerk please call all those in favor please signify by saying aye. Aye. Opposed. Motion passes. We stand adjourned. Thank you very much and thank you for all your services past year. We'll miss you.