 I'd like to call order the 7th meeting of the 2013 Common Council. Would the clerk please read the quote for today? Yes Those who want our independence believe liberty to be the secret of happiness and courage to be the secret of liberty Thank you very much. Would the clerk please call the roll? You all need to press one Try it one more time and then we're going paper Bellinger here Born here Carlson here Jassler here Donnie you here Hammond here Vitamin here Herman here Sardine here even dusky here. Manichuk present Penteco here. It's more sensitive. I thought I'm feel then Akron Not excused Vanderheel here, Percy not excused 14 present Please stand and join me in the Pledge of Allegiance Next we'll go on to the approval of the minutes from our last meeting Alderman Hammond Thank You mr. Mayor I move to approve the minutes of the previous council meeting second They moved in second to approve those minutes. Is there any discussion? See none will the clerk, please call the roll Born hi Carlson. Hi Dassler. Hi, Donahue. Hi, Hammond. Hi. Hi to men. Hi Herman Lassard hi Lou and dusky. Hi Manichuk. Hi Penteco. I feel Hi Vanderheel hi 14 I I didn't vote Next we'll go on to a resignation city attorney there's an email to the mayor advising that Patrick Kirchner is Requesting to be removed from the capital improvements commission Alderman Hammond. Thank you. I move to accept and file Like it been moved in second to accept and file the resignation The clerk, please call the roll Carlson hi Dassler. Hi Donahue. Hi Hammond. Hi. Hi to men. Hi Herman Lassard. Hi Lou and dusky. Hi Manichuk. Hi Penteco. Hi feel Vanderheel. Hi Bellinger. Hi. Born. Hi 14 Next we'll go on to council appointments city attorney Honorable members of the common council hereby submit the following appointment for your consideration Nicholas Dussault to be considered for appointment to the capital improvements commission to fill the unexpired term of Patrick Kirchner Whose term expires for 20 2015 signed by the mayor Thank you Alderman Hammond Thank you. Mr. Mayor. I'd first off ask for emotion or move to suspend the rules second Motion on suspension, please call the roll Dassler. Hi Donahue. Hi Hammond. Hi. Hi to men. Hi Herman Lassard. Hi even dusky. Hi Manichuk. Hi Penteco. Hi feel. Hi Vanderheel. Hi Bellinger. Hi born. Hi Carlson. Hi 14 eyes to suspend under suspension Alderman Hammond Thank you, Mr. Mayor The reason for those we do have a capital improvements meeting at 6 p.m. Next Monday So we want to make sure that mr. Dussault is on so we have a full committee So I would move to confirm his appointment to the capital improvements committee second Thank you for that motion any discussion. I had one request from an alderman about A resume and I think you all saw his resume when he applied for the position of alderman previously Any other discussion? Seeing none, please call the roll Donahue. Hi Hammond. Hi. Hi to men. Hi Herman. Hi Lassard. Hi even dusky Manichuk. Hi Penteco. Hi feel. Hi Vanderheel. Hi Bellinger. Hi born. Hi Carlson. Hi Dassler. Hi 14 eyes Do we have anyone signed up for public forum this evening? Yes, we do First on the list is Melanie Nick Do you want to come on up to the podium up here? Melanie, what is your home address? My home address is w5090 woodland road Plymouth. Okay, and you will have five minutes Okay, I am here tonight because I am in agreement with number 3.2 the communication Regarding how monies from the pet license fees are given to the Humane Society I believe through contract with the city and or county and I am in agreement that the monies be held until the Sheboygan Humane Society Proves that the money is indeed being spent solely for the animals not for Attorney fees or anything else that doesn't directly help the animals I am concerned because the Board of Directors of our Humane Society has continued to basically ignore requests from the public and some of these are actually formal requests that are given to non-profit organizations asking for copies of their minutes bylaws and financials They have bylaw 30 days to produce those copies and they have been totally ignored I personally organized a public forum and sent requests to the Board of Directors to come to a public forum so that we could have open discussion ask questions and Be assured in our community that the shelter is running fine and That was totally ignored We believe there's been a loss of services at the Humane Society A loss of public trust because of that loss of public trust donations are down So we are concerned about how money is being spent Let's see There's not been any formal statements from the Humane Society concerning What has taken place Following I think you're all aware of issues that have happened there Not even a public statement Stating that the financials are okay, but yet recently there's been pleas for basic things such as kitty litter Ferret food milk bones things like that and again the public has to had trust in our Humane Society since 1964 and a lot of people support them financially. I think they need to be held accountable And that's it for now. Thank you Next on the list would be Rochelle Drew's Hi Rochelle, can we have your home address, please? 1221 North 4th Street Sheboygan, Wisconsin. Okay, and you'll have five minutes. Thank you. I I too am in agreement with the financials of the Sheboygan County Humane Society need to be looked in more thoroughly by the city it is my opinion that the The city look into that be for the purposes of discovery on how the donations are being applied as to whether or not they are being applied to Attorney's fees or the investigations that they that they recently Had in the internally Their lack of transparency with the with the general public in our requesting those items has gone completely ignored and They have not addressed any of the issues that have been presented to them in any fashion We are concerned that animals are are suffering or at the very least Not having the most Appropriate care that could be available to them since there are there is no longer a veterinarian on site They are going out to outside sources for that And we believe that's less than timely In some instances as far as receiving veterinary care for these animals They've made no statements as to how they intend on Going forward since these incidences have have happened And we would like to see some some information as to how those those funds are being are being spent Thank you. Thank you, Rachelle And last on our list is Rufino Martinez is Rufino here Rufino, can I have your home address, please? 914 North 17th Street. Okay, you may Johnson. Okay, you may have five minutes The reason I'm here is I'm a I'm a owner of a bar here in Sheboygan. It's called rehab bar and grill some of you have been there I Had it over three years and Now over three years in a month. I Had different kind of music hip-hop music. It didn't go well. It was going well, but unfortunately It came with a wrong crowd and I had to change Not a green angle and went the opposite. I removed the DJ that I used to have my problems all the way Fortunately Neighbors around the area maybe two three the most I complained the music They say the kind of music that I have I haven't had that kind of music anymore for the last almost a year now I'd have rock and roll music Spanish music Pretty much music that people like to dance now and that our age even younger unfortunately Lego license called me in because the complaints Collins numerous times saying that the noise was too loud and Officers have showed up They came up. They told us well Number of officers have said it's not really that loud, but you could turn it down anyway, and we did Well, they got us in again numerous times here And now the committee decided to almost try to pull my license away and definitely Unfortunately came agreement. They didn't want it to do a 60 days which for noise complaints and stuff like that I can't believe that Now they came back and said 30 days still I still don't agree with it I feel that as far as an owner the revenue that I have the Bartons that I that I You know work for me for 30 days, that's gonna hurt me pretty hard The members of workers that I have have been with me for almost three years now and Then the things that had happened. I Feel the common that's the liquor license need to be fine Agenda guidelines how they're gonna address numerous bars numerous Events that happens not only night events. I'm saying things that happen at their place And by mine if you look at the record of buying compared to other bars, I don't feel that's it's right I feel that I've been Way over on my part to pull my license almost Now they're gonna hit me with 30 days. I can't I can't survive with 30 days the revenue that I'm losing I barely make it right now because I'm behind certain things And now the one that now they came across with 30 days the way I had to agree With 30 days unfortunately because I have no choice The committee made a decision and that's what they're going for I Wanted counsel this console to address that to find a guidelines for all the bartenders out the owners That sit down and have a guidelines. I'll give an example When they had me in here for the first time they gave me a warning Second time they gave me a three-day clothes. I didn't pick my days. They told me what I picked What days I should pick? Third time There was no third time. They went from one to to the throat saying they wanted to shut me down I'm here. That's why I'm here because I need I need the Counsel to look at into a lot of things that going on and hopefully they can Find a way they can work this out to help the bar owners survive Because I'm a small one that just started I Believe it. Yes. I had the ball. I had a wrong crowd With the music the council said you need to get rid of the music. That's why the brings the crowd Well, I did I learned the highway and I did She's the different ways added more light and security lights everything else But fortunately now they're having me dead because somebody call noise and And one of the persons that call had mentioned has been my bar already The other ones are just new pretty much I Just want to console that to look into everything And and realize what they're doing to me So I feel that I'm being was harassed violent or discriminated and And favoritism in many ways. I Feel strongly that they need to look at this very strongly Thank you. Thank you Next we'll go on to mayor's comments I'd like to wish everyone a safe and happy 4th of July We want to remind you again that the parade route has been changed from 7th Street to a street and then I'll go to Michigan and then down to Broughton Drive And if you want listing of the other activities, you can go to the tourism website at visit your plug in dot com the quarry beach a partnership with our park department and a company called CRS from Verona, Wisconsin opened up on June 22nd They're open from 7 a.m. To 7 p.m. Daily and they have really dressed our beach up with some beach chairs and a lot of Play things in the water for the youngsters to play with so I hope you'll check that out The Eastside neighborhood Association is having their next meeting on July 10th at 7 p.m. That'll take place at First Congregational Church and Sheboygan firefighters local 4th 83 is kicking off their new program called coats for kids today in Partnership with operation warm the Sheboygan firefighters. They're looking to raise money and provide 100 new winter coats to elementary school kids who can't afford them And if you would would like to participate you can just Google Operation warm Sheboygan and you'll be able to see their page Next we'll move on to the consent agenda That'll include items 2.1 through 2.2 0 Alderman Hammond Thank You mr. Mary I moved to accept and file all our O's accept and adopt all our C's and put all resolutions and Ordinance is upon their passage second Thank you for that motion in second Alderman Carlson, thank you mayor. I just want to point out 2.6 a resolution Recognizing Karen Minzer as the interim director for the library as you may know Sharon Winkle retired a few months back and Karen graciously stepped in and Took control of the library and now she is stepping back down into the youth manager role So I just wanted to thank her and also once again welcome Garrett Erickson as the new library director Thank you for those comments Is there any other discussion on the consent agenda? Okay, in this case the clerk will call the roll electronically, please maybe we'll see All right Not working What call the roll Hammond, I item in Herman Lissard Wendusky Manichek Tentacle I feel I Vandereel I Elinger I foreign I Carlson I Dastler I Donahue hi 14 Under communications and petitions I agenda item 3 1 and 3.2 are referred under reports of officers Agenda items 4.1 through 4.3 are also referred and under resolutions Agenda item 4.1 a resolution from Alderman Hammond authorizing and executing and access easement agreement with Betty Cougar Alderman Hammond, thank you, mr. Mayor I would ask I make a motion to suspend the rules second the move then second to suspend the rules Please call the roll Hi to men Herman Lissard I Leave and dusky Manichek Penteco I deal I Vandereel I Bellinger I Warren I Carlson I Dastler I Donahue I Hammond I 14 eyes Alderman Hammond Thank you, mr. Mayor my move to put the resolution upon this passage second Move and seconded to put the resolution upon its passage any discussion on the resolution Seeing none will the clerk. Please call the roll Herman Lissard Leave and dusky Manichek I Penteco I deal I Vandereel I Bellinger I Warren I Carlson I Dastler I Donahue I Hammond I Titanium I 14 eyes Next is the resolution by Alderman Alderman Vandere wheel authorizing the city attorney to engage in the services of a special outside legal Council with regards to the quasi judicial hearings for David McKenzie and John Schneider They can move them to suspend the rules Move the second to ask for suspension. Please call the roll Lissard I leave and dusky Manichek I Penteco I deal I Vandereel I Bellinger I Warren I Carlson I Dastler I Donahue I Hammond I Heidemann I Herman I 14 eyes under suspension. I Move at the resolution be put upon its passage Thank you for that motion. Is there a second? Thank you for the second any discussion on the motion Seeing none will the clerk. Please call the roll leave and dusky. I matter check I Penteco I deal I Vandereel I Bellinger I Warren I Carlson I Dastler I Donahue I Hammond I Heidemann I Herman I Lissard I 14 eyes Agenda item 5.3 will lie over Agenda items 5.4 through 5.7 will be referred We'll go on to reports of committees Item 6.1 in RC by law and licensing recommending denying a taxicab driver's license 9953 based on his failure to accurately reveal all relevant convictions on his application and Record of violations related to the license activity alderman van der wheelie. Thank you I move that the RC be accepted and adopted Thank you for that motion and second is there any discussion on the motion is Robert Nielsen here this evening He's not here the committee voted 4 to 0 with one abstention to Thank you any other discussion See none will the clerk. Please call the roll matter check I Penteco I feel I Vander wheel I Bellinger I Warren I Carlson I Dastler I Donahue I Hammond I Heidemann I Herman are Lissard I leave and dusky are 14 eyes Next is item 6.2 in RC by law and licensing Recommending denying a taxicab driver's license number 8913 based on her failure to accurately reveal all relevant Convictions her record and her record of violations related to the license activity and a negative recommendation from the police department Alderman Vander wheel Thank you. I move that the RC be accepted and adopted look at Under discussion is Heather Rhodes here this evening She's not here the committee voted 4 to 1 to deny her license based on previous Incidences that related to her taxicab license Thank you. Is there any other discussion? See none will the clerk. Please call the roll Penteco. I feel I Vander wheel I Bellinger I Warren I Carlson I Dastler I Donahue I Hammond I Heidemann I Herman are Lissard I leave and dusky I Maddachuk I 14 eyes Next is item 6.3 in RC by law and licensing recommending denying Change of premises application due to the fact that the application includes a non contiguous area Alderman Vander wheel Thank you. I move that the RC be accepted and adopted second It's been moved and seconded to adopt the resolution under discussion Alderman Vander wheel Based on information that we receive since the our law and licensing meeting I'd actually actually ask that Steve Let us know what? his what his thoughts are on Granting this change of premise city attorney Thank you mayor Bar as the temporary change in the premises Understand that law and licensing my assistant that Chuck Adams advised the committee that because the Proposed site was not quote contiguous to the Blue Harbor resort that you recommended not granting the Temporary extension of premises and I've got to say Chuck in our office is usually the specialist that the deals with alcohol beverage licensing issues He goes to all the law and licensing committee meetings, and I don't However, I was out from Wednesday through Friday of last week Did not discuss this with him. He was out today. So we Cross didn't cross paths But I know that the mayor had had contact with Claire Silverman, who's the legal counsel for the legal Wisconsin municipalities about this issue and I also spoke with the Attorney Silverman this morning and did some Independent research on the subject and I guess what I find is that This is really a discretionary issue on the council's part I don't think there's a Bright line test that you can say necessarily because this property is across the street from the rest of the premises that It's not contiguous. I know in several areas of law annexations Often property areas Where you vacate a street Streets are for public Purposes you vacate them the property reverts to the abutting property owners on either side Attorney Silverman did cite to a an older Wisconsin Attorney General's opinion on the Related subject and copies of that I think are on all the alderman's desks there And I would highlight the last paragraph there The issue really this was from 1948 involved The original licensing of a resort premises that was going to have two places to sell alcohol beverages and they were On opposite on different sides of the street The resort owned the entire premises other obviously than the public highway that ran through the resort and The Attorney General in this opinion indicated that Circumstance that there was a public highway running through the resort grounds Didn't alter his conclusion that the entire resort could be described in as one premises as a whole if Basically it was operated as a single enterprise now the Attorney General is Kind of careful in his words. It does say of course reasonable limits would have to be observed in all cases and Rules of reason a common sense must be applied. I look at this as Not a long-term situation. I guess I would do more Research if this was a permanent request, but my understanding this request for a temporary premises extension for the 4th of July and in this case the The resort owns the properties on both sides of the street, so it's different than Situations we've had in the past. I believe the committee dealt with an issue that Regarding the yacht club where they wanted to extend the premises across the street on the municipal armory property And there the distinction can be made that The yacht club didn't own the property on both sides of the street I'm not saying necessarily it's good public policy to Extend the premises in this case But I guess what I would say is I think it can be it's a discretionary decision that the council can make One factor you do have to bear in mind is that we've got an ordinance and I believe there's state law also That as far as the public street that intervenes You can't consume or possess alcohol on that public street, so There's going to be some logistics issues, and I'm not sure how those are going to work, but the The resort needs to be aware of the fact that you can't have any consumption within the public right away But I guess that's my advice to the council. I think I Know in talking with the attorney Silverman also She's been up here several times We've had the municipal annual municipal attorneys Institute at Blue Harbor a couple of times here at Blue Harbor So she indicated she was you know personally familiar with the setup and She felt comfortable with if the council was willing to grant the temporary extension of the premises, so I guess that's my Advice as well that it would be within the discretion of the council to extend the premises Under further discussion Alderman Hammond Thank You mr. Mayor, and thank you attorney McLean for kind of clarifying all this I mean I think At the risk of dragging this on forever and ever and ever this kind of a reason I think this is a reasonable request The road is between the two is not a highly traveled road And again, it's just for the 4th of July holiday. We're not looking for anything permanent at this point As attorney McLean mentioned I'll reiterate they do own both properties across the street And I'm sure they'll do their diligence to make sure that they're well within the laws and making sure that's being policed So if there isn't you know alcoholic beverages on a public right away, so I would encourage or ask people to essentially deny this and then Go ahead and pass the temporary license. Thank you. Thank you for those comments supervisor Donahue Alderman Donahue And just building on what attorney McLean said just and Alderman Hammond is that if we do want to take the next step forward to allow this license the proper vote would be no I will vote no and Just relying on Attorney McLean's a description of the circumstances, but I'm Compelled by the Attorney General's sentence here here as in other fields rules of reason and common sense must be applied and I think that Allowing this liquor license to go for one day is certainly a rule of reason in common sense Thank you for those comments any other discussion And the motion is before us with a clerk, please call her all okay first motion is to accept and adopt which would mean you would deny Them the change of premise So if you don't want to deny them the change of premise then you vote no Vanak, excuse me Vanderveel. No Bellinger. No Moran. No Carlson of stain Dassler. No Donahue Hammond. No Heidemann Herman Lassard no Leave and dusky. No Maddachek. No Penteco. No feel no 12 no votes to abstain Motion fails. Hammond Thank you, mr. Mayor. I move to approve a temporary permit for Blue Harbor resort Been moved and seconded to approve the temporary permit change of premises for Blue Harbor Any discussion on that motion? See none will the clerk, please call the roll Vanderwheel I Bellinger I borne I Carlson stain Dassler I Donahue I Hammond I Heidemann I Herman Lassard I Was Lee Wendoski I Maddachek I Penteco I feel 13 eyes one abstention motion passes We'll go on to six point four on the agenda Alderman Carlson. Thank you mayor I would actually like to take six four six five and six six and just send it back to public safety protection Okay, we have a motion to Re-refer these to public protection and safety Okay, then it will be done. Thank you Next we'll go on to item six point seven. They'll be referred to salary and grievances and under ordinances seven point one will be referred and Seven point two will also be referred One to the city planning Commission and one both of the city planning Commission under other matters city attorney Eight point one is an arrow by the city clerk submitting various license applications for the period ending June 30 2014 and June 30 2015 that'll be referred to law and licensing 8.2 is a resolution authorizing the purchase of 1014 be area Avenue for the purposes of the raising the property for new private investment in the neighborhood as part of the neighborhood revitalization strategy area activities that I'll be research referred to city planning Commission 8.3 is a resolution authorizing signing easements for a mini storm sewer to be constructed in portions of their property That'll be referred to public works 8.4 is a resolution authorizing soliciting requests for proposals to manage the Harbor Center Marina as the current five year with a five year Renewal option agreement expires December 31 2013 that'll be referred to Marina Parks and Forestry and the public works committee 8.5 is an arrow by the city clerk submitting an amended summons in the matter of community bank and trust versus Miriam Mulvaney at all That'll be referred to finance Alderman Hammond Thank you, mr. Mayor. I move to adjourn second move the second to adjourn with a clerk. Please call the roll All in favor signify by saying aye opposed we stand adjourned. Thank you