 We will call the fifth, whoa, we will call the fifth regular meeting of the comic council to order, Pat, would you call the roll, please? All in honor, move the minutes of last comic council meeting be approved and the same stand has entered on the record. We have a motion before us and a second at the minutes of the previous council meeting stand approved under discussion. Hearing none, all in favor? Opposed? Motion carried. Pledge of Allegiance, Alderman Stephan. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible with liberty and justice for all. Thank you, Alderman Stephan. Brother Nation, Steve? I have a letter dated May 18th to Mayor Shram from City Clerk Patricia Lose advising that of her intention to retire from her position as City Clerk effective June 20, 2004. That can be accepted and placed on file. What we will do with Pat's position is we will hold it open for the next two weeks for anyone interested in applying for the position. If anyone wants to apply, please get your name to my office and then after the 20th we will make an open who will appoint. Of course I will appoint and the council will approve so hopefully we can get another City Clerk. Yes, in the appointment only goes until April 5th and that person being here, she will have to rerun for that office. Alderman Perez. Thank you, honor. Being that Pat is Lose's position, is it an elected position that the mayor gets to appoint? Correct. Any other questions? Alderman Peterson. I would like to say I've worked with Pat on both sides of the table and I really enjoyed working with Pat these past 14 years. Thank you. We don't want you crying now, Pat. Don't say anything. Okay. Well, I do. Pat's not only been a very good friend but she does an excellent job and we surely are going to miss her. I hate to see her go, but I truly want to wish her the best of luck. She's retiring, she's moving out to Arizona, correct? I already bought a home out there so she wants to go out where the weather is warmer and good luck. Good luck on everything, Pat. Thank you. Best wishes. Thank you. Mayor's appointment, Steve. The following appointments for your consideration to the Community Health Insurance Advisory Task Force. Ellen Schleicher, Jason Borden, Ed Surrick, Jeff Squire, Michael Collard, Jeff Herman, Greg Wegerman, Michael Lanzer and a DPW Union representative. To be appointed for terms running from June 7th of 04 and expiring June 30th of 05. Signed by the Mayor. That will lie over. And Michael Schrader to be considered for appointment to the Board of Contractors Examiners to fill the unexpired term of Mark Winkle whose term expires 043006. That will lie over. Oh, that one. Yes. Yeah, it lies over also. Pete Streisich to be considered for the Board of Appeals to fill the unexpired term of Mark Winkle which expires April 30, 2005. Pete Streisich will join the committee a second alternate. Richard Lindy will move from first alternate to full member. And Dave, excuse me, Dale Feld will move from second alternate to first alternate signed by the Mayor. That will lie over. No. No. This is old. Okay, so that can be. It's the one who all the appointments it wants. Okay. That's going to be passed. And Robert Hurry to be considered for the Business Improvement District to fill the unexpired term of Brian Obink which expires September 17, 2004. Cleo Messner to be considered for the Business Improvement District to fill the unexpired term of David Krieger which expires September 16, 2005. That also can be put upon as passage. And finally, Robert Peterson to be considered for the Group Health Insurance Committee to fill the unexpired term of Daniel Byrd which expires April 18, 2005. It indicates the committee requires a member from salary and grievance committee. And that one can be put upon as passage. I need a motion. Moving to the second to approve the appointments. Under discussion. All in favor. Thank you, Your Honor. What was the first committee? I missed that one. The first committee was. Business Improvement District. Okay. Is residency a requirement there? Business Improvement District. I don't think so. Okay. They have to have a business in the city. Okay. We have a motion before us under discussion. Hearing none. All in favor. Aye. Opposed? Motion carried. Thank you, Bob. Before we get into tonight's hearing, we have one hearing, but before we get into that, we do have a gentleman from transit with us. And that is Joe Lam. And Joe has award from KMI 2004 rodeo division championship. It's by the state bus rodeo. It's championship for division one. This is the third time you won the state champion championship, Joe. And he was competing some of the best bus driving skills. So with that, and they also have a citation from my office. Also from Ron McDonald. Citation for community service award to Joe Lam. With that, Joe, congratulations. That's a good job. People sticky off. They're sticky off. It's always good to recognize our employees in the city and when they do an excellent job. Again, congratulations. Good job. Tonight we have one hearing and that's rezoning the property located at 1416 and 1418 Erie Avenue. Any interested persons wishing to be heard? Any interested persons wishing to be heard? Alderman Graw. And I'll move that the hearing be closed. Move to second that the hearing be closed under discussion. Hearing none, all in favor? Aye. Opposed? Motion carried. Public forum panel. Okay. Consent agenda 5-1 through 5-22. Alderman Warner. Okay. Thank you, Your Honor. I move that all our O's be accepted and placed on file. All our C's be accepted and adopted and all resolutions. Substitute resolutions and ordinances be passed. Second. Move to second. All our O's be accepted and filed. All our C's be accepted and adopted. Ordnance, substitute ordinances be put upon your passage. Under discussion. Alderman Rennfelsch. Thank you, Your Honor. I ask the pull forward 5-17 and take a separate vote on that. 5-17. Proceed. Any discussion on it? No discussion since I'm actually on that list. I wish to abstain separately. Separate vote on 5-17. I don't have enough signatures on the IRC. I have one. Law and licensing. Oh, law and licensing. He's not here. So would you help me please? He's the only one who's signed. Alderman Graw. I'm asking for abstentions. Is it necessary to abstain if your name is on that list? Okay. Yeah. On 5-17. Call the roll. Call the roll, please. Berg. Aye. Serda. Aye. Graf. Stain. Manny. Aye. Montemayor. Aye. Perez. Aye. Peterson. Stain. Van Ackren. Aye. Vanderweel. Aye. Wongerman. Aye. Warner. Aye. Bauman. Aye. Eleven ayes. No nays. Three abstentions. Motion passed. Alderman Bauman. Thank you, Your Honor. Although there were no persons present for the rezoning of the property at 1416, 1418 Erie Avenue, as a matter of principle, I'm still going to vote against it and I'll just state to the residents in the area that I would do so. Did you want a separate vote on that? I'll just do it during the... Then you're voting for all the... No one, all the consent. Let's do it on this separately, please. Okay. That's what I'm saying. That's number 5-4. Would you call the roll on that one? Serda. Aye. Graf. Aye. Manny. Aye. Montemayor. Aye. Perez. Aye. Peterson. Aye. Vanderweel. Aye. Wongerman. Aye. Warner. Aye. Bauman. No. Berg. No. 11 ayes, 3 noes. Motion carried. Alderman Warner. I think, Your Honor, I'd like to just speak on document 522. Okay. Just to say I had a lot of people in my district that are impacted by this and I'm glad the public works committee was able to work on this with them. It's a very important change in the joint sewage treatment agreement the city has with the town of Sheboygan. And at one time, some city residents were paying an upcharge to the town of Sheboygan that resulted in higher sewer bills than their counterparts in the city that did not have to share sewers with the township. This document rectifies that problem. It was worked out with the town of Sheboygan. And I guess I would just ask Tom, if he can give me an estimate of when the residents that were in the city that changed on their sewer bill. Just another discussion on documents. Pat, what did you call her old? Grof. Manny. Montemare. Perez. Peterson. Rindfleisch. Steffen. Van Akron. Vanderweel. Wongerman. Warner. Bowman. Berg. Serda. 14 ayes. Motion carried. 523 by Alderman Rindfleisch from the Sheboygan Citizens Action Group regarding guest memberships at the Sheboygan Yacht Club. Alderman Rindfleisch. Thank you, Your Honor. I move that the document be filed. Place on file. Move to the second document. Place on file. Under discussion. Thank you, Your Honor. Last year there was a letter sent to this committee which was acted on and sent to the ethics board discussing activities by some Alderman that didn't name any names and didn't name any activities specifically. So there was therefore no one that could defend themselves by these accusations. This one does not have a name actually attached to it. We know it's from the Sheboygan Action Group by the title, but there's no proof of that. Anybody can create a Yahoo account with that name on there. I was hoping that if someone was making these accusations that through the public forum they'd be able to speak on these accusations, but no one appeared here either. So much like, you know, there is somebody here named that needs to defend themselves, perhaps, but there's no one that may actually do so. So as such I moved to file it. Alderman Peterson. Thank you, Mayor. I guess I'd like to say, you know, we have account membership in the chamber and I've taken advantage of many programs. I pay for meals and, you know, dinners and things like that. I think this is nothing different than that. It really broadens our base of understanding and support with community groups, but to me it's no different than the chamber. We have account membership. We pay for the events we go to. I think that's a fair and good way to solve it. Thank you. Ed Surik. Could you explain that letter that came in? There were some inaccurate quotes in there? I'd like to point out that number one, I'm a member of the Shiborgen Yacht Club in good standing and did get a copy of the letter sent to all the persons and a little disturbed about it. I did talk to Mike Rosh, he's our Commodore, and he asked me to convey the message that he had, this is not a complimentary membership, it is only a guest pass. And that make it short and sweet, there are no privileges. He said that, infer from the letter that someone had tried to get a hold of him, he said he had received no phone calls, there was no emails, no letters to him, no one had tempted to contact him. Something else in the letter concerns me, it says that the Yacht Club refused to respond to our emails requesting information. I talked to Charlotte Liddicon, Charlotte's the office manager there, she received no such emails. It goes down to mention two about not getting information. Talk with Steve Madsen, who is the club manager and he's not the bartender as the letter states. And Steve said that a member of the Shiborgen who identified himself as a member of the Shiborgen Citizens Action Group came into him and he said that he had a meeting with the Commodore at two o'clock and requested to see him and Steve said that the Commodore didn't know what he was talking about. But anyway, we did ask him about this type of membership and Steve said it is a guest membership, there are no voting privileges, there's no doc privileges, you can't vote and you cannot be on any committees and there are 30 other such guest privileges sent out by the Yacht Club. It disturbed me a little bit, I guess the mayor is kind of the ambassador to the city and if he chose to go to the Yacht Club or the Yacht Club or any other religious group and have dinner or join, he shouldn't be condemned for that. I myself and if I'm at dinner at the Yacht Club with my wife and family and the mayor is there, I'd be glad to see that the mayor is attending the Yacht Club. And I thought a couple of other members and they felt it was perfectly fine. It disturbed me that we get these issues and the irony of the whole thing is the subject of the letter is a question of ethics and I'm questioning who's ethics. That's all I got to say. Thank you. He moved for question bill. All in favor of filing? Opposed? Motion carried. 524 to 526 to be referred. 527 through 548 to be referred. 549 through 550 lie over. 551 through 555 to be referred. 553 there's a change in there. It goes to redevelopment authority, not city plan commission. 556 I think it had a chance to collaborate with the applicant to cooperate with the committee and the application's habitual criminal record. Long licensing. Who's handling that? Alderman Manning. Thank you, your Honor. The legislature referred to licensing RC number three 8010 4.0 5. By public protection and safety and RO number 5 and June 30th, 2005. Law and licensing recommends that beverage operators, license number 5624, Stephen Emerethal be denied, based on his failure to cooperate with the committee and his habitual criminal record. We have a motion before us in a second. All of them are made. He didn't make a motion. He didn't make a motion. I move that the license be denied. See if he's here. I looked earlier, he was not. He is not here. My quarter. All in the order. Okay. Stephen did not show up for the meeting on the 25th and has not responded to overtures. This has been more than the second time. What's that? Would you call the roll please? Graf, Manny, Montemare, Perez, Peterson, Rinflaich, Steffen, Ben Akron, Vanderwill, Wongerman, Warner, Baumann, Berg, Sirda, 14 ayes. Motion carried, 557 by law and licensing denied beverage operator license 6362, based on the applicant's criminal record, making him ineligible for a license. Alderman Manny. Thank you, Your Honor. Council did refer back to law and licensing, RC number 190405 and RO number 40405. And we did meet and discuss and he was present at the May 25th meeting. And Assistant Attorney Chuck Adams clarified the fact that he is ineligible by due of his criminal record. So I move that the license be denied. Moved and seconded, license be denied under discussion. Could you clarify for the record whether Mr. Crispin is right here? He's not here. And one other thing. Okay, go ahead. Just to clarify, there was some confusion at the last meeting. Some of it was my doing because I wasn't aware of the specific convictions on Mr. Crispin's record. But it ties into the statutory requirements for eligibility for a license. Generally there is a, it says right out in the statutes that if you have a felony, you're ineligible. But then beyond that, there's a whole another series of law dealing with discrimination against a number of things, one of which is arrest in criminal records, conviction records, and there's a series of cases dealing with the, you see it a lot in employment, whether you hire a person, whether they've got a particular crime in their background or not. And generally the law is that as it comes, as it relates to liquor licensing, is that even if it's a felony, it needs to be substantially related to the licensed activity. That's the standard that the courts have adopted. However, in the last about five years, there was some new legislation added that's part of the liquor licensing law that gives a list of about four different convictions that are generally related to possession or distribution of controlled substances that says irrespective of the discrimination laws on criminal convictions and arrest records, if you have convictions of these things, you are not eligible for a liquor license. It's basically what it says. So that's what we've got here. So I wanted to clarify that for the council. I know there was some confusion at the last meeting. Alderman Groth, he answered my question. Thank you. Alderman Montemire. Thank you, Mr. Mayor. So Steve, occasionally somebody, depending upon their particular felony, may still get a bartender's license. That's right, the mere fact of a felony in and of itself is generally, unless it's one of those designated ones that you've got to look beyond that. You've got to look into the circumstances of it. And the standard is it needs to be substantially related to the licensed activity. So there must be more additions to that particular rule that says, if you have a felony, you cannot get a liquor be a bartender. No, get a bartender's license. So there must be more additions to that particular phrase. Well, that phrase in the statute was never changed. That still says that. But as I say, there's case law that applies arrest and conviction record discrimination kind of on top as a judicial layer over and above that. And I think as a legislative response to the courts saying it's kind of, you got to look at each fact and circumstance that came out and the legislature said, that may be true, but in these particular cases, you're not going to be eligible for a licensed period. So it's a little battle, I think, between the legislature and the courts as to eligibility for those sorts of things and what factors you look at. Thank you, Steve. Okay. There's another discussion. Would you call the roll please? Manny. Aye. Montemayor. Aye. Perez. Aye. Peterson. Aye. Rindflige. Aye. Stephan. Aye. Van Akron. Aye. Vanderbilt. Aye. Wongamon. Aye. Warner. Aye. Bauman. Aye. Berg. Aye. Serta. Aye. Graf. Aye. 14 ayes. Motion carried. 558 through 562 to be referred. 463. Matters laid over. Resolution by Alderman Warner. Amending resolution which added the chairman of the committee as a whole as a member of the strategic plan committee. Alderman Warner. I thank you, Your Honor. I would move that the resolution be put upon its passage. Move to second resolution be put upon its passage. Under discussion. Under discussion, Your Honor, historically the strategic fiscal planning committee was comprised of the five members of the standing committees, the five chairpersons of the standing committees. When we went to four standing committees in order to keep the balance of having the five people on that, the committee, the whole chairman was put onto it. Now that we're back into the five standing committees, that's why the committee, the whole chairman's taken off of strategic fiscal planning. And that's what this resolution will do. Is there another discussion, Pat? All in favor? Aye. Opposed? Motion carried. 447, a resolution by Alderman Groff, Stefan, Berg, Manny, and Monty Mayer, authorizing transfer appropriations in a 2004 budget. Alderman Groff. Thank you, Your Honor. That resolution, which is 20.04.05 and 21.04.05, which is also a resolution to authorize the transfer of funds to higher seasonal summer employees in the parks department, as well as resolution 20.04.05, which is a resolution to authorize the transfer appropriations in the 2004 budget. I would move that all three resolutions be put upon their passage. Moved in second to three resolutions be put upon their passage under discussion. Which is another discussion, Pat? Would you call the roll please? Monty Mayer. Aye. Perez. Aye. Peterson. Aye. Rinfleisch. Aye. Stefan. Aye. Van Akron. Aye. Van Derweel. Alderman Bauman. Aye. Berg. Aye. Serda. Aye. Graf. Aye. Manny. Aye. I'm sorry. Manny. Aye. 14 ayes. Motion carried. 464, RSC by Public Works, recommending accepting the donation of a sculpture from Dr. Groff and his committee to be placed on the rotary. Alderman Bauman. Thank you, Your Honor. I'd move that the report of a committee be accepted and filed. Adopted? Adopted or filed? Adopted. Adopted, my apology. And who did the second? It's been moved and seconded at the RSC be accepted and adopted under discussion. Okay, Your Honor. Go ahead. Okay, if I could, please, thank you. The sculpture that is being donated, there were a long discussion, I guess, by Dr. Groff and his group. Hard to say sometimes, I guess. And needless to say, that was brought to the Public Works Committee on two separate occasions. And we finally did get to see photographs of the sculpture, which he is going to be donating. And, of course, it would be brought into our city from the east coast. According to the way we worded this, at no cost to the city, that they are solely responsible for transportation and shipping costs of this. It's actually gonna be arriving on two separate semi-trucks. It is that large and heavy. And it'll be placed down at the rotary intersection for approximately two to five years and then, of course, be removed, again, at their expense. Okay, Alderman Perez. Thank you, Your Honor. I was just curious to see if there's any other stipulations in the agreement. What kind of agreement do we have? What if they don't pick it up in two to half years, three years? Who's responsible for it? Maintenance, damage, liability. There's all kinds of things that can happen. I don't know if you're gonna drop a three ton piece of sculpture. You're not gonna be too quick to pick it up either. So I think these are some of the questions that we need to probably work out also. And if they haven't, I'd ask that we probably go back and take a look at that because this is a big piece of art and it's probably a valuable one, too, for these people. So I'd wanna make sure that we're covered when it's accepted. Tom, can you answer that? We talked about the liability of the sculpture in public works and I'm not sure if Dr. Graff has gotten back to me, but is the sculpture on loan to us or is it actually giving it to us? I think it's just on loan to us. So it's up to that group. They're responsible for the damage to it. It's not ours. Tom, correct me if I'm wrong, though there is some cost for a base, right? We have to put a base? Well, we have to throw in maybe a dump truck load of sand to cover up some conduits and some foundations that are there for that sale sculpture, that steel and fluorescent or neon tube sale sculpture is supposed to go in there. That's gonna probably three or $400 worth of sand. We have to dump it in there. You would take care of that, but everything else is on their nickel. Okay, just so there is some costs there for the city, but not much. Okay. Voice vote. All in favor of the motion? Aye. Opposed? Motion carried. 458, a general ordinance by Alderman Warner, Vanderweal, Reinflusch, and Sirta, relating to no parking period so as to delete the portions of Northside of New Jersey Avenue near South 14th Street from 7 a.m. to 4 p.m., except Saturday, Sundays, and holiday regulations. Alderman Warner. Thank you, Your Honor. I make a motion. The general ordinance be put upon its passage. Move to second to general ordinance will be put upon its passage. Under discussion, Your Honor, this change was requested at the Public Protection and Safety meeting on May 12th by the Police Department Traffic Division. Sergeant Tarkowski was contacted by the Public Works Department regarding a difficult and dangerous situation on this section of New Jersey Avenue during school hours. In the interest of public safety, it is the Public Protection and Safety Committee's recommendation that this change be made. This will be in effect on weekdays only from 7 a.m. to 4 p.m., and allow regular parking at all other times. It seems that the size of the public works vehicles that have to go down New Jersey Avenue, I'm not sure if it's teachers or whoever's parking along there, and the width of that street, it's a real problem for them to stay without going on two sides of the street and making it down that way. So this will help them be able to make that corner and that turn a little easier, and only impact the residents five days a week, 7 a.m. to 4. Thank you. Is there another discussion? What do you call the roll? Perez. Peterson. Rinfleisch. Steffen. Van Akron. Vanderweel. Wongerman. Warner. Baumann. Berg. Serda. Graf. Manny. Montemay. Forteen. Carried. Other matters, 563 will go to public works. 64 will go to finance. 65 will go to plan commission. You have to get used to this agenda, you need to make this one out. I know. I'm sorry. No, that's okay. 66 city plan commission. 67 to city plan commission. 68 plan commission. 69 public works. 70 special marina committee. So we got them right, okay. And 71 can be accepted and adopted. Alderman Baldwin. Thank you, Your Honor. 571 is an RC by public works recommending, actually okay, filing the documents submitting a communication from Gene Stangle regarding problems with the condition of the corner near his home. I then move that this be accepted and placed on file. We have a motion before us in a second. Under discussion, Alderman Baldwin. Just a personal note, if I may. Go ahead. Before Alderman Baldwin adjourns. No, I'm still wondering. As you know, last month was a pretty tough month. And it was like having another family the way the members of city hall and the various department heads in your office and everybody in city hall responded. They shed a lot of light into a very dark period in my life. And I'm really very proud to be a member of the city hall family if you want to call it that. So I just wanted to give everybody my very special thanks. Thank you, Bill. And we're proud to have you as a member. Okay, we have a motion before us in a second. If there's another discussion, I don't need your roll call, right? All in favor? Aye. Opposed? Motion carried. Other matters? Alderman Warner. I'm sorry. I think I just want to confirm with Pat. You said the 20th. This is your last. We need some more documents. Want to take care of those first? Sure. But is this going to be your last meeting? This is my last meeting. Okay. So before adjournment. Yes. Steve. 572 is a resolution authorizing the purchasing agent to enter a contract for buildings and property insurance coverage. That will go to finance. 573 is a resolution authorizing the appointment of a study committee to address the concern of rising health care costs for employers and employees in both the private and public sectors. And that will lie over? 574 is a resolution accepting the drainage easement from the Spoyganary School District for drainage purposes in, under, and along part of their property. Public works. Alderman Warner, back to you. I think I, I guess I thought it was going to be two weeks and I expected that meant you were going to be here for another council meeting so I didn't really prepare anything to say. So I'm going to have to just say thank you very much for all the help you've been. When I first came on to council as with all of us, the first place you have to go to find out how to get around this place and understand what your documents mean, when to pick them up and what the motions mean and everything come right from Pat. She knows it inside and out and I tell you we're losing a really great city clerk. And it's always been a pleasure working with you. Thank you. Alderman Graf. Thank you, Your Honor. I too wish to extend my thanks to Pat for all that she did but I'm happy that she's going because normally if I help out of the voting polls and I do something wrong, she calls me the next day about it and I don't have to worry about her calling me and hopefully she won't tell anybody else. I need somebody else calling me. Congratulations and good luck. Alderman Ballman. Thank you, Your Honor. Pat also, I too would like to thank you very much. You've given me a lot of guidance and the time that I've been up here and also with the fact that you do live in my district or it won't be much longer. I won't be able to go to your house anymore to have you sign my nomination papers. So I'll be losing one signature there. Thank you. Alderman Ballman. Just to know what I want to wish Pat, good luck also. And I thank you for all the times you let me come in and rummage through all those dusty old files and the girls helped me climbing around in the ceiling, finding, reading books that nobody had read for the last 200 years. And I'm sure when Pat gets to Arizona, everything will be reorganized, reorganized out there and they'll be in just in fine shape. So good luck to you, Pat. Thank you. Alderman Serta. Pat, I just want to thank you for giving me a warm welcome and your integrity in the office is evidenced by the precedence that you've shared in the ladies that I've worked with. So your legacy will continue. Thank you very much. I wish I could say more to all of you, Pat. Move to the second end, Jordan. There's another discussion, all in favor? Aye.