 Yours too when you call I'll call the fourth regular meeting of the 2003-2004 Common Council to order City clerk, please call the roll Bowman Berg Bonnet Doyle graph here many Montemay are moody Perez Rindflash Stefan Excused then Akron Vanderwill Wongam and Warner Weninger 15 present a quorum is present The first order of business is that the mayor would like me to read a message from That he has written dear members of the Common Council and citizens of Sheboygan I have asked Alderman Jim Graff president of the council to preside over the Common Council meeting tonight For the first time in my six years as mayor I have asked to be excused so that I may fulfill a family commitment By now, I'm sure you have heard all Have all heard of the incident that took place in our city yesterday a man with a gun was firing shots in the neighborhood of 13th Street and Center Avenue Thanks to the professionalism of our police department. They were able to control the situation and apprehend the suspect. I Would like to commend police officer Eric Ettson who suffered a gunshot wound to his arm for his heroic efforts in the line of duty I hope everybody realizes how fortunate the residents of Sheboygan are for having one of the best police and fire departments in the state Our police and fire department work closely together to secure the area and provide protection to the community I would also like to thank the county units for who responded for additional support Thanks to all who took this potentially dead deadly situation and put their lives on the line to protect our citizens Job well done. You know James SRAM And to that I'd like to add from the rest of the members of the Common Council if I may that our heartfelt Congratulations and commend police officer Eric Ettson who did suffer a gunshot wound and they who is recovering from that and also all the other police and fire Department personnel that that worked to to avoid any problems in this situation Okay, with that I'd ask for approval of the minutes All in one. Thank you, Mr. President I would make a motion to approve the minutes from our previous meeting and a minutes from our special council meeting the same Stand approved as entered on the record It's been moved and seconded to approve the minutes of the previous Common Council meeting and the special meeting and the same Stand approved is entered on the record. Is there any discussion? Seeing none all those in favor of that motion say aye Chair will vote aye opposed motion carries the Pledge of Allegiance this evening will be Done by Troop 889 from Emanuel Bible Church and Daryl Thurman is the leader There is one mayor's appointment this evening Our real members of the council hereby submit the following appointment for your consideration Marie Ellis to be reappointed a city assessor term to expire June 15 2008 signed by the mayor That will lie over and Pat public forum. Yes, Maryam Schnur. Maryam. You'll have five minutes Maryam, would you like to pull the mic a little closer and do you need her name and address? Thank you. Good evening again as he stated My name is Miriam Floreshner. I live at 9 of Kentucky Avenue here in Sheboygan in April 17th 2001 I was appointed to the Capital Improvements Commission as a citizen as a citizen member and the recommendation of alderman Juan Perez My appointment was confirmed by the Common Council as required by section 2-661 a Of the city ordinances and does not expire until April 30th of 2004 On April 25th, I received a letter from Mayor Schramm informing me that my term has expired and he was replacing me I quickly made an appointment to see what the problem or dilemma was On April 28th that Monday I spoke with Mayor Schramm and he told me he was replacing me on capital improvements Based on the fact that my term had expired I informed him that that was incorrect and that my term did not expire until the following year Mayor Schramm said it didn't matter and that he was replacing me. Anyway, I'd like to make also one comment based on that if I did It all need to be replaced. I I really did not know the reason why I have Spent significant amount of time dedication and commitment and making sure that I was on every single one of these commissions on time I changed my schedule around I went to night classes just to make sure I could actually make all these meetings I Understand that he already has made another appointment to another person to take my place From what I understand this appointment has been done illegally My term does not expire again until April 30th 2004 my credentials right here do state that I'm not Done until April 30th of 04 again If Mayor Schramm wanted to remove me it was It was appear that he would have to establish just cause After hearing before the Common Council and a three-quarter affirmative vote from the council Please ask that your city attorney review these codes and sections particularly 17.12 of the Wisconsin statues with you. I Do not know why this action is taken against me But I just do know that it's illegal and unjust and would appreciate a much further elaboration of explanation I've been a very good commissioner Put quite a bit of time and dedication into it and taking my responsibilities very seriously I would like to serve the remaining of my term and I'm asking that Mayor Schramm Please reconsider his legal appointment and restate me or if not give me some legit or legal reason why He doesn't I'm asking that maybe some type of action maybe should be taken But I asked from all the members of here from council To please see that all appointments that be done in the near future be done just and legit and right Thank you Thank you Moving on to the consent agenda items for one through four thirty four But that excludes items Ford Excluding items 425 and 426 they will be held for Items 469 and 470 all the men Warner Thank you, mr. President president. I make a motion. We accept and file all our O's Accept and adopt all our C's and and to pass all resolutions Is there a second? It's been moved and seconded to accept and file all our O's accept and adopt all our C's and pass all resolutions from item 4 1 through 4 34 excluding The the two that I just mentioned 425 and 426 Is there any discussion? Alderman Bauman Thank you. I Could say your honor, but you're really not tonight. You're mr. President 425 426 we're the two I was going to speak about and we'll just let Alderman Warner take care of those two. Thank you. Thank you All in moody Thank you, mr. President. Um, no need to pull anything. There's just a couple of documents two three four and probably more That refer to business drive. I'm just wondering Work has already begun as of today on on the demolition of Broadway Avenue and The project is well underway. Why did these documents first come now? Why shouldn't why didn't they come sooner? The resolutions were passed. This is just the documents that were filed at the register of deeds Okay, thank you Any other discussion? Then pat, would you please call the roll? I Want Motion carried Items 435 through 442 to be referred, but there needs to be a correction made Where you see the item is going to strategic fiscal planning on 436 437 Um 439 440 442 they will all be referred to public protection and safety items 43 Item 43 lies over items 444 through 451 to be referred except 447 is public protection and 455 There's discussion on that I believe Oh, okay, and 448 goes with 455 But Alderman Warner I was just gonna On 447 mr. Presidency had a board of public protection that goes to public protection and safety also. Yes And 448 is going to be held for 455 Matters a lot that lies that lies over 452 through 453 But Alderman Weninger Second And I also would like to is there any Is there any objection to suspension? Hearing none, please continue You have to make a motion to To put that upon its passage I make a motion that we put it on our suspension up on this passage Second no, that's already been well excuse me now. I like that. I meant No, it's got to be passed Just made a motion Oh, there was a second already Okay Yes, you made the wastewater funds it changes from 2,400,000 to 3,200,000 And you're making that a motion to amend. Um, is there a second? It's been moved and seconded to amend that document to to change the The wastewater fund unreserved retained earnings To the wastewater funds siphon and into separate projects from 2,400,000 to 3,200,000 Is there any discussion? Alderman Perez Thank you, mr. President actually That's not the one I wanted to speak on he'd sort of got ahead of me I was before Alderman Warner, but I'll wait my turn till the end. It's just a formality. Oh, okay. I believe Alderman Ben Ackman was right. He's going next. Thank you Alderman Ben Ackman Mr. Holton will address that We've been out two projects together was the siphon Under the shabuigan river to replace the 7th street siphon And as an alternate we bid wisconsin avenue siphon crossing they're both At capacity and over The original estimate for both projects was 4.5 million By bidding together as an alternate wisconsin the bids came in at 3.2 million So the original estimate just on the 7th street siphon was 3.2 So we want to do both projects because of the excellent price that we got on it That's why there isn't for the change Any other discussion any other discussion on the amendment? Then all those in favor of that amendment say aye opposed Chair votes aye motion caring Then new motion as amended. Yes, and I like to make a motion as amended to be put up By this passage it's been moved and seconded that the resolution as amended be put upon its passage. Is there any discussion? Hearing none, how would you call the roll, please? So Motion carries all of them and Perez did you want to go back to a document? I yes, I thank you, mr. President just A point to be made on communications and petitions one to be referred I believe you said that the communications that were submitted by me were going to be referred to public works and not Public protection and safety public protection and safety right not both just one Just one okay the people who have Submitted communications to me have been told by me that they were going to be heard Their communication was going to be considered At that meeting so i'm i'm i'm thinking that they're planning to attend would somebody please send them a letter saying it's been referred to a different committee Sure, we can do that Alderman, um, wanted do you know when they might be on your agenda for public protection and safety? Uh Possibly the 28th of this month, but until I set up the agenda. I have to look at the whole thing I'm not going to schedule everybody all at one time and have 100 people in there So if we have to work on something special But it would come to us because it was a police department issue basically If you want to let them talk that's it's up to you But what i'm saying at least let them know that it's going to come before public protection That their communication will be considered under public protection and safety Not strategic fiscal because that's what i've been telling them that was my understanding before Okay, it was going to be that that's all i'm saying you know when they come to you you deal with Anyone that's come start many any communication They always got a phone call telling them when the meeting is going to be and what time their communication is Okay, thank you So a lot of people I believe might be confused with that that issue Although it was stated in the front page of the press about This was changing and that was changed. No change has been made. It's only a recommendation at this time Which has to go to public protection and safety to make a recommendation Hopefully to strategic fiscal planning as to what so that's That's why it was moved All the men in van Akron I also got a lot of calls on that They were told that on the 27th they would be at the strategic physical planning commission because that's when they meet So how are these people are going to know that they're not going to go there? And they mean that's before your protection safety is ever going to be Right the 27th, but the agenda was first set You finally got that today None of these are on there And none of those were on there because they were first coming into council tonight Okay, well hopefully the paper will mention it and the news media and my cuts will have something done What what happened is Uh, we wanted all the documents regarding the Proposed parking ban to be referred initially to public protection and safety They were referred to Strategic as as you all mentioned And for them what will happen on the 27th at the strategic meeting all the documents referring to The parking ban will be referred to public protection and safety Uh strategic is going to be meeting only on the budget and we thought this might be a lot easier Because we'll be discussing the budget and revenues on the 27th and there'll be no discussion regarding The parking ban and strategic so it'll all go to one one parent committee strategic So if the press could make that very apparent that they will not be covered That those documents will not be discussed on the 27th, but it will be discussed Hopefully in the 20th at public protection All of them in press just just another point. Thank you, mr. President There's people that don't read the press there's people don't listen to the radio All I'm asking is the people that I told that they should attend the strategic fiscal planning committee And with regards to their communication now won't be able to all I'm asking is for somebody to send them a note and say It's been referred to a different committee. It's all I'm asking very simple Solomon Warner, I think that If if Alderman Perez told all these people that their document was going to be discussed at the Meeting of the 27th that was probably not a very good thing to do because until the agenda for that meeting comes out and says These documents are going to be discussed That takes away from the chair of that committee's Authority and responsibility to organize the meeting in an orderly fashion And in this case, I have no problem. I think the clerk's office should probably call these people Perhaps Alderman Perez since he knows these people personally could call them up But I don't have a problem sending a note, but You shouldn't be telling people things are going to be at another committee's meeting unless you in fact Are the chair of that committee and have set the agenda We will call the city clerk is going to call the people Alderman of Venneken It says city clerk's of the commission by the mayor from public from police chief and patrol officer Order changed to a number of parking two to five in restriction. This is tonight. I got This is the second one. I got and it's on this agenda again for a referral Mike By us That's true because the original documents were referred to to strategic They have to meet and say we make a motion to refer it to public protection It'll come back to council next public next council meeting. It won't even be on the 28th It'll come back to the council first Then be referred public protection. You cannot refer between committees. It's got to go through the council for our paper paper trail So in other words, it will not be these older ones will not be acted on on the 28th of May it'll be june Because it has to come back to council first That's the rules All of it for us Thank you, mr. President I guess we all got we always have to have the last word but in response to alderman worders comment I'm not in any way trying to fashion or design anybody's agenda All I was going to buy was what I was told was going to be discussed at that meeting the plans have changed fine All i'm asking for people to be made aware so that they will show up and nothing happens. That's all i'm saying. Thank you All of them and you know, I always I always have to respond a little bit it Full intention would be and we do always call people into public protection and safety and Typically bonnie and or if it's the fire department secretary Lisa horn at the time she does the phone calling calls everyone tells them What time their item is going to be discussed at the meeting? And we'll do the same on this issue. Unfortunately now we're going to be waiting until june, but hey this stuff happens Thank you alderman water alderman moody. I have you I view on no, okay Where are we at that dude? We need a boat Okay 453 lies over to be referred 454 through 459 Except 455 Alderman bowman Well, thank you your honor. Um, I you're welcome your honor. Mr. President I'm so used to saying that I apologize I need to ask for suspension of the rules this evening, please It's been moved and seconded for suspension. Is there any objection? Continue then, uh, mr. President. I do need to Make the motion then to accept and file the report of officer, which was 448 That's in reference to the sewer siphon, which we had spoken about earlier And then the resolution Um, which is related to this number 455 also with the siphon interceptor sewer improvement project I would move then at Our will be accepted and filed the resolution be put upon its passage It's been moved and seconded that the Uh resolution be put upon its passage and the 448 be accepted and placed on the file Is there any discussion? Hearing none, would you call the roll please pat? Doyle graph Manny montemire moody Perez Rinflage Van Akron Vander wheel Wongamon Warner Weninger Bowman Burr Bonnet 15 eyes Motion carried Items 460 and 461 lie over 462 to be referred 1-3 Lies over to 7 7 Other matters 463 and 464 Alderman Bowman Alderman Doyle I move that the Our will be uh accepted and adopted Number 64 Okay, uh also include number uh 464 in that motion It's been moved in second to accept and file Both of the RO's and grant the licenses Is there any discussion? Hearing none, would you call the roll pat? Graph I Manny Montemire Moody Perez Rinflage Van Akron Vander wheel Wongamon Warner Weninger Bowman Burr Bonnet Doyle 15 eyes Motion carries 465 to strategic fiscal planning 466 lies over 467 to public works 468 Alderman Warner President I make a motion to accept and file the report of committee Second It's been moved and seconded to accept and adopt The um RC which is Regarding filing documents submitting communication fault from Wally holds he holds him user Relative to a parking problem on the 2700 block of north 12th street. Is there any discussion? Hearing none all those in favor say aye Chair votes aye opposed motion carries 469 and 470 Alderman Warner Thank you, mr. President For 425 and 426 if we file those ready Pat No, you have Okay, so on After discussion these these documents were referred to public protection and safety and public works And there were some slight differences in the wording that we had uh In the result that came out of our committee and Alderman ballman The chairman of public works agreed that we should accept and file his two documents And adopt the ones from public protection safety which in As much say about the same thing and took care of some concerns They had found in public works So on that it would make a motion to accept and file 425 and 426 and The accept and file rc accept and adopt accept and adopt rc number 469 And 470 It's been moved and seconded to accept and file documents 425 and 426 and to accept and adopt items number 469 and 470 under discussion Alderman Warner under discussion, mr. President Number 469 is a communication from the event organizer for the river ride Really race making various requests and public protection safety and public works approved The function that they had requested to hold And it is subject to indemnification agreement and liability insurance for them to be able to pay for the financial cost of their event And on item number 470 your honor That is a communication from the director of the john michael kohler art center Ruth the young kohler to install a birthday cake sculpture Honoring sheboygan sesquicentennial and the art center's 35th birthday The art center is developing an exhibition called cake mix That will also focus attention on the huge cake plan as a gift to the city The cake will be decorated by sheboyganites As well as our friends and guests a true representation of the city of sheboygan Both the public works committee and the public protection safety committee discussed this communication in their meetings And approved it each believing it would be a good fit for 150th birthday celebration The city attorney's office is working with the art center to ensure indemnification and liability requirements are met Just imagine a huge Birthday cake 12 feet in diameter close to 12 feet high Decorated by the very people whose city and art center it will honor The john michael kohler art center staff along with kohler company engineer mark flasher and quash's constructions steve woods Will provide guidance in its construction to ensure that cake safety It's kind of odd you have to have a safe cake, but we're going to have them We all should remember the chair city celebration of sheboygan's past And we all will remember sheboygan's sesquicentennial and this cake will surely leave a lasting impression Now if only we could figure out a way to eat it with some real vanilla zirheide's ice cream that would be The topping but the art center does bring many people in a lot of recognition to sheboygan year in and year out It is part of our new downtown fabric and the bright future our city has before it To the art center. I say thank you to sheboygan and a john michael kohler art center I say happy birthday. Well, that's all support to celebration. Thank you. Thank you all in the morning any other discussion Hearing none all those in favor of that motion say aye Chair will vote aye opposed motion carries 471 allamin Doyle Thank you, mr. President. I move that the rcb accepted and adopted And the licenses be granted I it's been moved and seconded to Accept and file accept and adopt the rc and grant the licenses. Is there any discussion Hearing none pat, would you please call the roll marnie? monta meyer moody her as rinne feige ben agren vendor wheel wangaman warner weninger bowman burg found it boy Doyle grass. Hi 15 eyes motion carries 472 to be referred 473 lies over Other matters steve No, they don't I have they're they're about that big five sheets of paper, so I didn't give you copies That will be referred to strategic fiscal planning It's been moved and seconded to adjourn Is there any discussion? Hearing none all those in favor say aye Chair votes. I opposed motion carries