 Call to order this is the eighth regular meeting of the 2011-2012 Common Council and as is customary our city clerk Sue Richards will read the quote of the evening. Thank you mayor. In every crisis there's a message. Crises are nature's way of forcing change, breaking down old structures, shaking loose negative habits so that something new and better can take their place. Thank you Sue. Roll call please. Belt. Here. Boran. Excuse. Carlson. Here. Decker. Here. Hammond. Here. Heidemann. Here. Cough. Here. Kittleson. Here. Maddachuk. Here. Rinfleisch. Here. Racler. Here. Sampson. Here. Vanakren. Here. Vanderweel. Here. And Versey. Excuse. Thirteen present. One nation under God. Indivisible. With liberty and justice for all. Thank you Julie. Looking for approval of the minutes of the prior common council meeting. President. I move that we approve the previous minutes. Second. Motion in a second to approve the previous minutes under discussion. I'm sure everybody's read them thoroughly. There is no discussion. All in favor say aye. Aye. Opposed. Motion carries. Public forum. Nobody to sign. No public forum this evening. Okay we have candidates opportunity to speak to the council regarding the aldermanic seat for district seven. Is there anybody that would like to speak? Sir would you step forward please? If you'd like to just give us your name and your address and then you can go ahead. My name is Joel Hammond. I live at 1911 North 21st Street here in Sheboygan, Wisconsin. And I am the candidate for the vacancy left by Alderman Mark Hanna. I'm excited to be here. I haven't been this nervous since the election run that I had against Alderman Hanna back in 2010. And I'm excited. I look forward to some time where I can get to know everyone else here better. I look forward to a time where I can help us move our city forward. I look forward to a time when we can all come to work and say hey we got that done. I'm not here with a preset agenda. I'm sure not coming to this job looking to become rich. I'm doing this because I think our city is on the right track. And I'd like to keep us going in that way and I'd like to be part of that. I thank you for your consideration. Thank you Joel. Joel, are there any other persons that would like to speak regarding being a candidate for Aldermanic District 7? One more time. Are there any other candidates? There are none. Thank you Mr. Mayor. Seeing as we have one candidate, I move that we direct the city clerk to cast a unanimous ballot for Joel Hammond and for District 7. We have a motion and a second to name Joel Hammond as the new Alderman for District 7. Do we take a roll call on this? And all eyes will do it. All in favor say aye. Aye. Opposed? Unanimous vote. Congratulations Alderman Joel Hammond. Now please sir come up here, sit in this seat and get to work. And no you are not committee of the whole chairman so don't panic. Somebody else already grabbed that one. Congratulations Joel. Okay moving on Mayor's announcements, the National Night Out, the Walk Against Crime is going to be held Tuesday August 2nd. We begin at Fountain Park, it's a 1.9 mile walk beginning at 6.30 p.m. So everybody can please meet at Fountain Park by 6.30. There will be music, refreshments, law enforcement vehicles to view and law enforcement officers to talk with the participants. This is sponsored by Sheboygan County, Countywide Crime Stoppers, Neighbors Against Drugs and Target which is the corporate sponsor. Again that is at Tuesday August 2nd, 6.30 p.m. You can get more information at Crime Stoppers website which is www.crimestoppers.ws. So if everybody can please put that on their calendars, I am hoping to be there myself. Oh I have one more thing, I would like to thank our tourism department for the 4th of July. I don't know if anybody noticed but the 4th of July came off without a hitch this year, it really worked well. It was headed up by Amy Gutierrez and George Tooig of our tourism department with some help from the chamber and a bit of help from Chad Peleshak who ran the whole show last year. So I'd like to thank them, they did a knock up job, I think it's one of the most memorable 4th of July's I've ever seen in this city. So thank you. Okay moving on to the consent agenda, President Rindflash. Thank you Mr. Mayor. I move from documents 8.1 to 8.11 on the consent agenda that all reported officers be accepted and placed on file. All reported committees be accepted, adopted. And all resolutions and ordinances be put upon the passage. Second. We have a motion and a second to put the consent agenda upon its passage. Under discussion, there's no discussion, roll call please. Bill. Aye. Carlson. Aye. Decker. Aye. Hammond. Aye. Heidemann. Aye. Cot. Aye. Kittleson. Aye. Manicheck. Aye. Thirteen. Ayes. Motion carries. Communications and Petitions 812 by Alderperson Kittleson from Emily Vetting of the non-motorized transportation pilot program presenting the 2011 bike and walk to work week results. Alderperson Kittleson. Thank you Mayor, thank you. I'd ask for a motion to accept and file the communication and open the floor to Emily Vetting from the non-motorized transportation pilot program. We have a motion, do we have a second? Second. Second. Under discussion, all in favor say aye. Aye. Opposed? Thank you. Emily. Thank you. I'd just like to give a quick little update as to what happened this year for bike and walk to work week. It was the fourth annual bike and walk to work week held throughout the county. I apologize. I'm going to have to talk right to the mic, Emily. I apologize. This year we had a lot of really cool events. We had a wacky bike expo. We had a scavenger hunt. We had a bike and movie. But most of all what I'd like to talk about here is our employer mileage challenge. And what we do with that is we allow residents from around the county the opportunity to track their mileage online on our bike and walk to work week website. And then we offer prizes in six different categories. And we'd like to honor the city winners for that who won amongst all the public employers. So this would be the school district and the county and the city. Caroline Fortin tracked 37.8 miles walking, which is the most mileage by Walker just during that week alone, which is quite impressive. And Scott Miliff also tracked 36 point miles biking. As far as I'd also like to thank what a lot of the companies did, what a lot of the employers did to encourage this. We had Nemshoff tracked almost 300 miles online. Kohler Company tracked almost 500 miles. Rockline tracked almost, tracked over 600 non motorized miles during the week. And a commonality amongst all those employers is that it really takes that one person internally to spearhead the effort. As I think Jean has done a wonderful job with that with the city. And I would just like to say congratulations to Caroline and Scott. Thank you. Would you like to say something? Yes, thank you. Come up front please. Well, thank you. And counsel, I know that you've got received the communication for bike and walk to work week. And I too, I think it was a great week and we are really proud of our city employees who participated in this challenge. It was, I think the first two days of that week were very nice days weather wise. But then I think we ran into some bad weather. So it was still, again, we're so proud of everyone in the city who took this challenge on and participated in it. And I thank them. I thank them all very, very much. So for four years in a row since the challenge with the county and the school district began, we've won. So again, that's something I think we can be very, very proud of. You see our plaque up on the wall. I'll put that right back up there again and hope that next year we can do it all over again. So thank you. Thank you, Jean. If I can have Carolyn and Scott Miliff come up. I have something for them. Make sure you get the cameras pre-aim there, Scott. Scott does our WSCS camera work here. So yeah, I know it's that one. This is a proclamation from the office of the mayor of the city of Sheboygan states, whereas bike and walk to work week is a nationwide event that celebrates and encourages bicycling and walking as a means of transportation. And in the state of Wisconsin, bike and walk to work week took place the week of June 14th to the June 4th through the 10th, 2011. And Sheboygan County has joined countless other communities in the past several years as the non-motorized transportation pilot program has held successful events. And every year a friendly challenge takes place between the city, the county and the Sheboygan area school district for miles traveled and the city has won the challenge four years in a row. Thanks mostly to two employees. Caroline Fortin, who logged 37.8 miles walking to work, and Scott Millef, who logged 36 miles biking to work this year. Now therefore, I, Bob Ryan, by virtue of the authority vested in me as mayor of the city of Sheboygan, do hereby proclaim Caroline Fortin and Scott Millef BWTW Challenge Champions. Congratulations. Millef behind the wall, you might as well say something. Thank you. Good Scott. Step it up, county and school district. Okay, moving on. We just need a motion, or we need to vote all eyes. Oh, we didn't vote out? All in favor of putting that upon its passage. Say aye. Aye. Opposed? Motion carries. We have 813 to be referred. Reports of officers 2. 814 through 816 to be referred. Report of committee 7. 817 by law and licensing recommending denying beverage operators license application number 91120 based upon her failure to accurately reveal all relevant convictions on her application, her record of violations related to the licensed activity, and her failure to cooperate with the committee. This will be under person Vanderweel. Thank you. I move that the RO be accepted and placed on file. Second. We have a motion and a second under discussion. Is Maria Jimenez here? She is not here. Please continue. We denied her request for an apparatus license. She didn't attend either of the meetings that we invited her to. The first was via regular mail and the second was certified mail and we didn't hear anything from her. Okay. Thank you. Is there any further discussion? We'll call please. Carlson. And I vote denies the license. Thank you. Decker. Aye. Hammond. Aye. Heidemann. Aye. Cot. Aye. Kittleson. Aye. Madochek. Aye. Rinfleisch. Aye. Racler. Aye. Sampson. Aye. Vanakren. Aye. Vanderweel. Aye. And belt. Thank you. I move that the RO be accepted and placed on file. Second. We have a motion and a second. Under discussion. Is Paul Pantel here? He is here. Law and licensing denied his application for a taxi cab license. Two to one. He in 2011 he had an operating while intoxicated. And he had an operating while intoxicated. And that was not while he was in a cab. However, his previous speeding violation was while he was driving cab. Okay. Would you like to speak, sir? Please come up. That's all I can say is I'm good at what I do. I know the city inside and out. I know my customers and I made a mistake. I've spent this whole year making up for that mistake. And, you know, accepting my responsibilities and the two hurdles that I've been through. And you know, accepting my responsibilities and the two hurdles I have left is to fulfill my $100 a month payment arrangement that I have with the municipal court and keep my job so that I can continue to make a living. I've been spent the last three weeks trying to find other jobs and there's really not anything out there without like qualify qualifications for technicians and stuff. So, you know, I made a mistake and I've fast up to it and I've been doing everything I need to do to make up for it. So, how long did you drive cab in the past? A year and a half. In the city? Yes. So, you were licensed at that point? Yes. Any questions from the council? Do you have a driver's license now? I had an occupational that's been suspended since the taxi licenses on hold. Any questions from the committee? Alderperson Cuth? Thank you, Mayor Ryan. I'm on lawn licensing and the vote was two to one. I was in favor of granting the license. Paul has been employed for a year and a half driving a taxi working 50 hours a week and I just wanted to make any other questions by the committee. Okay. Thank you, sir. You may sit down. Okay. Roll call vote please and I vote would deny the license and no vote would not deny the license. Decker? No. No. Hammond? No. Piedemann? No. Cuth? No. Kittleson? No. Maddachok? No. Rinfleisch? Aye. Raceler? No. That was a no? No. Thanks. Yes, it was a no. So confused. Samson? No. Van Ackren? No. Banderweal? No. Aye. Belt? No. and Carlson I three eyes ten no so the so the motion to deny is has failed that's somebody like to make a motion president Rindflush I think we still need to put the recommendation on file but I move to grant the license then second we have a motion and a second to grant the license under discussion Alderman person Alderman-Raisler thank you mr. mayor I guess I would try to amend that to make sure that his license is valid before he's actually granted a license right so we have an amendment to grant the license provided that his driver's license itself is a valid driver's license okay any further discussion we'll do a real call vote please this is to grant the license and I is to grant the license Hammond I height of men I cut I kiddleson I Maddachak I thanks it's hard to hear up here with your conditioning Rindflush no Raisler I Samson I van Akron I van Van der Wiel I belt I Carlson I and Decker I 12 eyes one no okay sir your license has been granted you need to make sure you have a valid license and a reapply at the city clerk's office okay moving on 819 by law and licensing recommending denying taxi cab driver's license application number 9141 based upon his failure to accurately reveal all relevant convictions on his application and his record of violations related to the licensed activity Alderman van der Wiel thank you mayor move up the arrow be accepted placed on file second motion accepted to second to accept in place on file under discussion is Troy appuzo here he's here okay please continue the committee voted 3 to 3 to 0 to deny the license probably the biggest reason was he had this early conduct in 2011 he also did have other car related incidences such as operating after revocation driving without insurance and there was also another disorderly conduct in 2010 those are the items that happened in 2010 he also had a record before that okay thank you all the person van der Wiel sir would you like to speak please come up to the front Troy can you give me your last name a boozo APU ZZO okay go ahead first I like to say in relation to the failure to report it was just an honest mistake I thought I'd explained everything to her and then I was supposed to go to the police station to pick up the police contact report and I just never got to it so that's probably why that was recognized that way in relation to my past behavior I really don't have an excuse for I mean I've been through a lot of traumatic things in the last three years and gone through a lot of changes and right now I'm at a point in my life where if I take the opportunity to drive a taxi that I can end up starting my own business here in town and actually become a productive citizen ever since I was injured in 2008 I haven't been able to work due to losing my right hand and like depression and all kinds of things like that related to that basically to sum it up I want to be a productive citizen I want to invest in the community and I want the community invest in me so if you guys give me that opportunity I'll make the best of it that's all I have to say thank you are there any questions from the council okay first in we have alderman raceler it's a couple questions sir are you employed now no I'm starting I'm on this workman's calm disability are you looking at studying your own business or I'm looking to work for a taxi company he's gonna teach me the ins and outs and I have my own money to invest do you have a valedriver's license yes I do insurance on your own vehicle now I do now but I'm in the middle of getting it I just got a check so like from them so I've been able to get a lot of things in order I will have insurance very soon and the misdemeanor are the disorderly contact with an ordinance violation can you say that one more time those disorderly conducts that the young lady talked about many ordinance violations or were they misdemeanor violations I I believe they were ordinance but I'm not a hundred percent sure thank you all raceler next we have alderman Hammond thank you you mentioned some issues with depression and stuff and you don't have to go into all the details but are you currently being treated for that or yes I have been treated for quite a while with it and I'm actually to a point now where I'm off medication and have been doing really well off of medication thank you thank you alderman Hammond next we have Alderperson kath thank you Mayor Ryan actually yeah there was a past disorderly conduct in 2010 but there is also a pending disorderly conduct it's been it's been paid already everything's okay my record show it's pending you had a fight at Harmony Bar well it wasn't really a fight ma'am and I'm not making an excuse for myself but this guy blindsided me I didn't swing at anyone didn't hit anyone I just got blindsided and the whole reason that I got this sorry conduct was because I wouldn't cooperate and the reason I was scared to cooperate was because I didn't want to say who hit me the guy said he was part of a gang and you know that's I'm not gonna put my family in danger because I want to get in trouble that it might come back and do something to my family so I would also like to court lieutenant middle stat was also a law and licenses that he has serious reservations in granting the license and I played a very big part in a three to zero thank you Alderperson kath there any other questions Alderperson kittleson thank you mayor are you are you presently do you have a job you have an employer you have someone who is willing to hire you yes yes and he knows what your background is yes yes you have a good support system with that sure most definitely and when do you plan to begin working if I get my license tomorrow I'll go start work tomorrow have you looked for other work at all um I've kind of gone through a process trying to find out what I'm good at and you're going through that process right now yeah yeah thank you thank you all person kittleson any other questions from the council thank you sir you can sit on thank you okay if there are no other questions roll call please and I vote would would deny the license a no vote would not deny the license so Hammond no heidemann hi kath hi kittleson no Maddochek hi rinflash hi raceler no samson no Ben Akron hi Vanderweel hi belt no Carlson hi and Decker no seven eyes six no seven eyes six no the motion passes moving on sir sorry sir your license benefit you can always reapply next time around but right now there's not you can do the next meeting yeah you can do it the next meeting if you'd like you can reapply for the law next law and licensing meeting and go through the process again why don't you give the city clerk's office a call to come in tomorrow morning and we'll go through what the options are okay you know where we are okay thank you okay moving on matters laid over 11 719 resolution number 37 11 12 we're missing one here 8-20 okay 8-20 by law and licensing recommending denying beverage operators license application number 9158 based upon his failure to accurately reveal all relevant convictions on his application and his record of violations related to the license activity other person Vanderweil thank you mr. Mayor I move that the ROB accepted and placed on file second we have a motion in a second to accept and place on file under discussion is Eric Schrader here Eric Schrader he's not here please continue he applied for license in 2008 and he was denied based on a obstruction and since then he's had an underage drinking and a failure to prevent underage consumption so we felt it was necessary to not deny and we also had a negative recommendation from the police department thank you all the person Vanderweil under discussion there is no discussion roll call please kittleson I Maddachuk Rinfleshe racer hi Samson hi van Akron hi Vanderweal hi belt hi Carlson hi Decker hi Hammond hi vitamin hi and cut 13 eyes motion carries matters laid over 11 719 resolution number 37 11 12 by Alder persons Hammond Rinfleshe poor in Maddachuk and Van Akron authorizing the city of Sheboygan to borrow from the trust funds of the state of Wisconsin the sum of $650,000 for the purpose of financing construction of park buildings and for no other purpose Alder and Hammond thank you mr. Mayor I move the resolution be put upon its passage second resolution motion in a second to put the resolution upon its passage under discussion just for a little refresher this is for part of the capital improvements budget we're going to the trust fund because it's cheaper than other sources of funds and we're borrowing a lot less than we thought we would have to right that's the good news and the other good news is we're going to get some new bathrooms and some other shelters and stuff from the parks so this is a good thing under discussion there's no other discussion roll call please Maddachuk Rinfleshe Racler hi Samson hi Dan Akron hi Vanderwheel hi belt hi Carlson hi Decker hi Hammond hi Heidemann hi Kaas hi and Kittleson hi 13 eyes motion carries 722 RC number 76 11 12 by the committee of the whole recommending approving the map for the redistricting for the city of Sheboygan is presented by the city clerk Alderman Hammond now president Rinfleshe thank you mr. Mayor move the report committee be accepted and adopted second motion the second to accept and adopt under discussion there is no discussion roll call please I do have a quick question okay please madam clerk with what's going on in Madison if they change all that stuff like they've been playing with is that going to change this there's a possibility we still need to if you're looking to pass we still need to get this to the county by Friday that's our 60 days we would just have to change or start over I said again yeah we can actually do an all eyes on this it's not the actual Alderman Hammond all in favor see I opposed motion carries 731 general ordinance number 12 11 12 by older person Kittleson relating to u-turns so as to ban u-turns as certain specified locations in the city older person Kittleson thank you mayor I ask that the ordinance be put upon its passage ask for a motion for the ordinance to be put upon its passage anybody like to second that one second okay we have a motion in a second under discussion under discussion as you can see there are 13 areas here in the city they're dangerous to u-turns in these areas so the our police department is advising that we post them accordingly so this was this game from the police department yes it did great okay thank you all to person Kittleson any further discussion there is no roll call please racer hi Samson hi Ben Akron hi Vander wheel hi belt hi Carlson hi Decker hi Hammond hi Kiteman hi cut hi Kittleson hi Manichuk hi and Rinflaich hi 13 eyes motion carries 732 general ordinance number 13 11 12 by older persons Hanna Vander wheel cut Rinflaich and versey repealing and recreating subsection a of section 70-6 of the municipal code so as to adopt the statewide smoking ban with no additional clarifications older person Vander wheel thank you mr. mayor I move that the ordinance be put upon its passage second a motion a second to put the ordinance upon its passage under discussion there is no discussion roll call please Samson hi Van Akron hi Vander wheel hi belt hi Carlson hi Decker hi Hammond hi Kiteman hi cut hi Kittleson hi Manichuk hi Rinflaich hi and raceler hi 13 eyes motion carries 733 general ordinance number 14 11 12 by older persons Kittleson Samson Carlson Decker and Van Akron repealing and recreating section 118-242 b and section 42-104 of the municipal code so as to remove the exemption vehicles legally parking in on-street handicapped parking zones from the winter parking and snow emergency rules older person Kittleson thank you mayor I move that the ordinance be accepted and put upon its passage second we have a motion and a second to put upon its passage under discussion under discussion mayor let me just say we have this in committee last I think it was January February where we made a change for a citizen who is having some difficulty with the handicapped parking area since then that citizen has moved there have been no other issues with this particular area we put we put the ordinance back to what it originally was okay thank you any further discussion there is no roll call please Van Akron hi Vander wheel hi belt hi Carlson hi Decker hi Hammond hi item in hi cut hi Kittleson hi Maddo check hi Rin Flesch hi raceler hi and Samson hi 13 eyes motion carries 734 general ordinance number 15 11 12 by older persons Kittleson Samson Carlson Decker and Van Akron repealing and recreating section 70-263 of the municipal code so as to permit movement from one transitional living program TLP facility funded by the Department of Corrections Community Corrections to another with no necessity to reapply for a waiver older person Kittleson thank you mayor thanks again I would ask that the ordinance be put upon its passage second we have a motion a second to put the ordinance upon its passage under discussion under discussion mayor I go to number five on here this just makes it easier for our county agents to place people at the the TLP the transitional living program so that they don't have to come to the committee and ask for a waiver again they can place them wherever they feel it is necessary for them to be without coming to the committee again thank you under discussion there is no further discussion roll call please Vander wheel aye belt Carlson hi Decker hi Hammond no item in no cut no Kittleson aye Vandechek nope that was a no no Wrenfleisch aye yeah raceler aye Samson aye and Van Akron aye nine eyes four nose motion carries 739 general ordinance number 1611 12 by Alderman Wrenfleisch amending section 38 three of the municipal code relating to wards and Alderman district's president Wrenfleisch thank you Mr. Mayor I move that the general ordinance be put upon its passage second motion and a second to put the ordinance upon its passage under discussion there's no discussion roll call please belt Carlson hi Decker hi Hammond hi item in hi cut I Kittleson hi Vandechek hi Wrenfleisch aye raceler aye Samson aye Van Akron aye and Vander wheel aye 13 eyes motion carries other matters authorized by law 821 these are all referrals correct 821 will be referred to the special committee on risk management 822 an arrow by the city clerk submitting a communication from the president of local 483 requesting support of a fill the boot campaign for the muscular dystrophy association tentatively set for August 29 30th and 31st from 2 to 6 p.m. each day Alderperson Kittleson thanks thanks again mayor I move that the communication be accepted and placed on file second we have a motion to accept and placed on file under discussion under discussion this is something that our firefighters do every year it's their fill their annual fill the boot campaign and that's usually done right before Labor Day weekend so we've given them the the okay to use the city right away in order to do this safely and the communication is being placed on file thank you thank you Alderperson Kittleson it is a great cause any further discussion I guess I would suggest that the motion be clarified to approve the request just putting it accepting it placing it on file acts like you're denying their request basically I assume you're proposing to approve the request thank you mayor yes we are moving at the communication be accepted and placed on file and that the we are we approving the request thank you okay do we have a second on that one second thank you under discussion President Rufflesh thank you Mr. Mayor dovetailing with the the city attorney had mentioned if we're approving the request it's the letter itself is not very specific to which three corners I think in the past it's been specific which three corners and when they're in the middle of the street versus the street corner I know what they're saying it's obvious they're gonna do what they've done every other year and I'm fully in support of that I just don't know if that we need to have some clarification again the request basically says with your approval the local 483 firefighters like to stake out street corners approved by the police department we know which three corners those are so I guess just dying the eyes crossing the teeth doesn't need to be referred or clarified or is this okie-dokie the way it is because I'm going to vote for today okay no on my feeling is I mean they have done this 345 years in a row now they basically do it at the same place every time anybody like to comment I was just gonna Alderman Hammond to dovetail on it Mr. Mayor I agree I mean let the police department and the firefighters work that out I think what they're doing is great and they'll figure it out I think they I think they will President Kittle or Alderman Kittleson thank you mayor we did discuss all the ins and outs of where they can what they can do it was discussed thoroughly at the committee level our assistant city attorney Chuck Adams always gives his his comments and that was all listed in there in his comments and distributed to the committee members we and we did thoroughly discuss what they can and cannot do in committee thank you president run flies just satisfied with that I guess with I've seen the sorry I saw the attorney nice that satisfies me so yeah just just to mention this is one of the documents that what we're doing is we're sending it directly to the police department versus running it through the whole council this is an event so this is the start of documents that aren't going to they're gonna just come in and be looked at by the police department public works PPS those are things that they can approve and then the council can just approve the general concept part of the streamlining streamlining okay any further discussion okay all in favor say aye opposed motion carries 823 will be referred to finance 824 will be referred to finance and public works other other matters attorney McLean thank you your honor 825 is an arrow by the city clerk committing various license applications for the period ending June 30 2012 and June 30 2013 that will be referred to law and licensing 826 is an arrow by the city clerk submitting an application for a private well permit from Booyah Yang 1818 Eisner Avenue that lies over 1827 is a communication from the Wisconsin Naval Ship Association requesting extension on the first right of refusal so that they may not so that they may complete the final stages of closing on the Alliance property will go to city planning 828 is an RC by the marina and harbor committee discussing issues with necessary repairs to the marina building will be referred to finance 829 is a resolution authorizing the appropriate city officials to execute a modified project agreement between the EPA the Wisconsin DNR the city the county pollution risk services and the Wisconsin Public Service Corporation that lies over motion to adjourn in a second all in favor say aye we are adjourned thank you