 Call to order. This is the 19th regular meeting of the 2009 2010 Common Council and as is customary our city clerk Sue Richards will give us the quote of the evening Thank You mayor The always-at-war with your vices at peace with your neighbors and let each new year find you a better person Thank You sue roll call, please Born here bulk Bowers Decker Kisha here Hannah Heidemann Koff here Kittleson excused Clayunas here Montemay or here in flesh siruk here van der wheel Voo and Wongamon here 15 present. We have a quorum Pledge of Allegiance will be led by Alderman Bowers this evening To the flag of the United States of America and to the Republic for which it stands One nation on liberty and justice for all Thank You Tom Looking for a approval of the minutes of the prior council meeting We have a motion in the second under discussion All in favor of approval say aye opposed motion carries Confirmation of mayor's appointments eternal thing Thank You your honor hereby submit the following appointment for your consideration Henry Nelson to be considered for appointment to the library board Fill the unexpired term of Maryland table whose term expires for 30 2011 signed by the mayor Your honor I move that the appointment be confirmed We have a motion to confirm the appointment under discussion No discussion roll call please boring bulk Bowers Decker Gisha Hi, Hannah Heidemann. Hi Koff Clayunas Montemay or Renfleshe Siruk van der wheel Voo and Wongamon 15 eyes motion carries We have no public forum this evening Moving down to mayor's announcements. First of all, I'd like to welcome back all the person Jean Clayunas. We've missed her over the last several weeks Welcome back Jean Otherwise under mayors announcements, so we're talking trash here, which is garbage pickup As we all know there's been some my there are some changes In 2010 in garbage pickup there is no recycling calendar this year So if you don't they don't have to look for a recycling calendar and you no longer have to Stick your head out and look down the block and check what your neighbor is putting out to figure out what you're putting out At least that's what I always did Right now you can put out your blue bag items and your paper items every week on collection You can put out the you if you have a small amount of paper items You can put them in with your blue bag items So you can have your plastic your cans in your cardboard all in your blue bag or you can still put out the cardboard separately In other words, bumble it together or if you have enough to fill a thin box. You can put it all in one box So so we no longer have to worry about what is blue but what is blue bag week? What is cardboard week and now can all go out at the same time it can go in the blue bag? It can go the cardboard can go separately Recyclables plastic cans etc. Still need to go in a clear blue bag that hasn't changed On the other hand on your garbage the non recyclables We will no longer require that you have clear trash bags Mainly because it's hard to find clear trash bags initially it was you needed a clear bag You couldn't use an opaque bag now. There's no such thing as clear bags really everybody's gone to white bags Now you can use any color bag you'd like Including me the big green or black hefty bags However, we still are recycling. We still are separating the trash But it's so difficult to find clear bags, especially clear bags that will actually hold garbage That we think this is the better move and we'll we'll keep more trash in the bags and less trash streets Also some residents will have their day of collection changed all of these homes We're notified by a door hanger hanging on the front door. It's certain blocks certain areas have changed Most I believe it's thirty nine hundred households in total Have changed the day of pickup Rather than notifying the whole city that everybody the days of pickup have changed Most people are not changing so If you have a hanger on your door your day has changed Obviously if your day has changed so has your neighbors So if you know if people can communicate with their neighbors if you know the day has changed if you see your neighbor is Putting out their trash on the wrong day Please do so, you know some people are you know their their hanger may have blown off their door Or they didn't understand it if people can communicate to their neighbors. It will make everything Run much more smoothly also everything all of the rules and the Regulations can be viewed on the city website, which is www.ci Sheboygan.wi.us. I believe Alder person Clionist had his question Thank You your honor. I don't want to confuse it So there was a question asked by one of my constituents so paper goods do not have to be put in a blue bag Paper goods do not have to be handled the way the same way they were done. They can be bundled together or put you know The way they always were they do not need to put in a blue bag But if you choose to put them in a blue bag you got room in your blue bag you can put them in with you Yeah, okay. Thank you very much Any other questions on this? Okay, thank you everybody Moving on to the consent consent agenda President Gisha Thank You your honor. I moved to accept and file all reports of officers accept and adopt all reports of committees and Pass all resolutions and ordinances We have a motion and a second under discussion. This is 19 19-1 all the way to 19-3 today On the consent agenda under discussion No discussion Heidemann Clowness Montemay or Renflech siric Vanderwheel Vue Wongamon and Boren 15 eyes motion carries communications and petitions 19-4 to be referred reports of officers to 19-5 Through 19-9 to be referred if everybody can make a note on 19-8 That will not be referred to the library board That will be referred to public works on 19-8 Resolution introduced 3 19-10 lies over 1911 and 19 1911 okay on 1911 and 1912 to be referred Alderman Boren Thank You, Mayor Ryan. I'd ask for suspension of the rules on 1911 Have a motion and a second to spend suspend the rules on 1911 under discussion under discussion Mayor Ryan Time of the essence is on this study for the people watching at home This is a resolution directing the director of public works and the finance director to do a comprehensive study cost-benefit analysis and feasibility study of bringing all city vehicle maintenance under one roof and Then it goes on to list some dates and the reason it's a time of time is of the essence on this is that I'd like the Like the report to go to the finance committee on February 22nd and the public works committee on February 25th, so That's why I'm asking for suspension because time of this is of the essence to get going on this study very good Thank You Alderman Boren Any Opposition to suspending the rules There is none the rules are suspended So we will this wall Alderman Boren. Thank you, Mayor Ryan. I'd make a motion to put the resolution upon its passage We have a motion in a second and discussion and putting it upon its passage under discussion For the benefit of the council and the audience the second whereas Where it says whereas the city of Sheboygan currently spends and I left that blank because I didn't have the information when I had to get That into city clerk Richards. I got an email from the finance the finance director Terry Hansen stating that we spend approximately $2.7 million on vehicle maintenance costs Labor parts repairs and maintenance fuels So if you want to fill in that figure in that whereas that's how much we're currently spending and that figure was $2.7 million Okay, thank you Alderman Boren any further discussion Roll call please Decker Gisha Hannah Haydn Cleanness Montemay or Rindfleisch Sirich Vanderweel Voo Wongamon Boren and Bulk 15 eyes motion carries 1912 is referred matters laid over 11 18-35 Resolution number 145-09 Dash 10 by Alderperson Kittleson extending the listing on the Little Red Schoolhouse at 1116 here on Avenue from April 2009 through March 31st 2010 We need a motion Alderperson Kittleson is not here President Gisha. Thank you on behalf of Alderperson Kittleson I move that the resolution be put upon its passage We have a motion in a second under discussion Alderperson Cleanness Thank you, Your Honor. Did the deal fall through I understood that we had an offer for this and yes We do have a pending offer on it. However, the the individuals that have put in the offer I have not secured financing at this point. Thank you Any further discussion? There is none roll call please Decker Gisha Hannah Heidemann Cleanness Montemay or Rindfleisch Zurich Vanderweel Voo Wongamann Boran Bulk and Bowers 15 eyes motion carries 18-36 resolution number 146-09-10 by Alderperson's Gisha Cleanness Boran Montemay or in Heidemann Authorizing a transfer of appropriations in the 2009 budget Establishing revenue and appropriations for donation received for police canine President Gisha Thank you, Your Honor. I move that the resolution be put upon its passage Have a motion in a second under discussion Thank you, Your Honor. This is an amount of seven thousand dollars. It's been donated to the city to acquire an additional canine dog which includes not only acquiring the dog But the special training that goes along with it I believe they do it in Mexico and this will cover that expense as well and allow the city to expand its use of canine Via donation and again We always get to the point where does that person want their name mentioned or not it was not mentioned in committee But perhaps on behalf of the city we could yes, and actually I've spoken to that individual and he Has said that I could mention his name. Very good. This is my counterpart out in In the Black River area the honorary mayor of Black River known as Fritz Romer has donated the money for this for this canine So we think thank Fritz even though he's not a city resident if he would like to To voluntarily annex his property into the city. We definitely would like to have him. So thank you again to Fritz We have a motion and a second any further discussion There is no roll call, please Gisha. Hi, Hannah Heidemann Plainess Montemayor Windflash sir, Vanda wheel Wongamun Boran Boke Bowers and Decker 15 eyes motion carries other matters authorized by law 19-13 an RC by law and licensing recommending denying beverage operators license application number 8463 based upon the applicant's failure to include all relevant convictions on the application the record of Violations related to the licensed activity and the applicant's Ineligibility for the license due to multiple convictions directly related to the licensed activity Alderman Boran. Thank you, Mayor Ryan. I move that the report of committee be accepted and adopted You have a motion in a second under discussion under discussion. Mayor is Joshua Kovacic here tonight He's here. He's here mayor Before we call up mr. Kovacic. I'd like to proceed First I'll read the comments that I got from the deputy city attorney at last week's Law and licensing meeting and mr. Kovacic did attend mr. Kovacic revealed traffic tickets in 2005 and 2008 Mr. Misdemeanor drug possession convictions. He should have revealed the following This was not on his application and it should have been drug possession 2005 Open burning 2005 under age alcohol 2005 under another under age alcohol in 2005 and drug possession 2008 These are these 2005 convictions are related directly related to the license activity and therefore make him ineligible for a license at this time According to the deputy city attorney when some of these 2005 Convisions go off then he would be eligible for a license, but he will not be eligible until 2015 and Therefore the committee voted unanimously to deny the license Mr. Kovacic would you like to speak? Come to the front, please we need somebody to Motion to open the floor. I believe Motion the second anybody opposed to opening the floor Please you can pull the microphone towards you a bit All right people hear me Yep Okay, please just watch. How do you spell your last name KO? VA CI CH. Oh, I had it right. Okay. Thank you Yeah, the only things that I didn't include on my application was the two under age drinkings from 2005 and I Am I'm 22 now and I just didn't even think about my underage drinkings anymore when I was filling all out my application I did include my two possession and paraphernalia charges for THC they were included on my application. It was just the two underage drinkings and an open burning and the open burning again I just forgot all about and it wasn't exactly relevant to the case, but Yeah, I just I forgot all about my underage drinkings It's never gonna happen again. Obviously I'm 22 years old and My the bar that I'm trying to get the license for my mother is actually the manager of the bar And is there almost every night until at least 10 o'clock anyway because she's cooking and they're trying to hide They want me to become the closing bartender. So I'd really only be left alone from 10 to 2 Most nights, but I mean Yeah, and I've got I've got a three and a half year old child which I need the job to pay child support for I Yeah, really like the opportunity to license Does anybody have any questions for mr. Kovacic Alderman Rindflesh? It's just a moment here Looking for you There you go. Thank you Just to reiterate the From the assistant city attorney made the statement in your committee I'm assuming again that actually because of the convictions. He's ineligible that even if we decided to We really can't and that's the state that's telling us that we can't do to the nature of the convictions. Okay. Thank you Attorney McLean Thank you. That's not my opinion While it might have multiple convictions that relate to the Substantially relate to the license activity that does not Statutorily or categorically make them ineligible for the license it gives you authorization and Valid justification to deny the license, but it doesn't In and of itself make them ineligible Um, if I if I may ask mr. Kovacic, I believe Alderman Boran said that you did not include these Possession in in 08 and in Oaf you you were convicted of possession in 08 and 05 and are you saying you did include those on your application. I did include my My drug charges. Yes. I know for a fact. I did because I actually Yeah, I asked and because actually earlier that day. I just got turned down for an apartment for that same charge I specifically asked for or Stated that I had two charges for possession So what what you're stating is the underage drinkings were not included that was an oversight on your part in the open burning Burning, yes, which I don't think open burning would make you ineligible for much but Alderman board Thank You Iran It's been the policy it's been the policy of the committee since I've been chairman is that when there are when there are multiple Convictions that are related to the for the license activity that the the committee is not has not granted the license Not having a license does not preclude mr. Kovacic from working he can still work except that he can't work alone and he can't He can't close the premises, but he still can work without a license One thing I also should point out is that a madam city clerk staff Makes it is clear as possible when people fill out these applications that they have to include all of their all of their Convictions and he should have done it and he didn't include it and it's it's very clear that he should have When they go through the application process mr. Kovacic I included the fact that I had a DUI and Drug charges. I mean an underage drinking is Such a minute thing. I wouldn't try and hide like I really didn't try and hide it I wasn't trying to pull a fast one and be like I hope they don't catch me for these underage drinkings I mean I got a DUI last December and I included that and I think that's a lot worse than a little underage drinking that happened back in 2005 Thank you first we have All the person not to mayor Thank You mr. Mayor. Well, it's kind of important underage drinking. However, however, I Cannot deny you a job For misdemeanors when it isn't required that we deny you a job Jobs are very hard to come by now. So I personally am not going to deny you the job Thank You all the person not to mayor now we have Alderman Bowers Thank You memory If I understood you correctly Alderman born. He's not eligible for bartender's license till 2015 And that's our legal counsel for the committee Well, apparently this is a state statue. No, no, no is on a person born stated earlier that basically the Policy of his committee law and licensing that that he would not be eligible until those were those came off at face record correct Alderman born That's the opinion Where the ten years comes in Alderman Bowers is the application asked for convictions in the last ten years so In ten years from 2005 those would drop off and therefore you wouldn't have to Provide those in your application, but it's my opinion that Those convictions in and of themselves under the statute does not preclude you from granting the license the the the issue is Are you discriminating based on arrest or conviction record by denying the license if there are Multiple violations related to the license activity and the answer to that is no you're not discriminating so you have the the legal right to deny the license if you determine that there are multiple violations that relate substantially to the license activity and I think underage alcohol consumption does relate to the license activity and I understand that at least one of the drug possession charges was Related to at least stopped after leaving a tavern, which I think relates to the license activity. So I Think if you deny the license you're within your rights to do that He's not I don't think you can say from a legal standpoint that he's ineligible for a license. That's not a fair statement in my opinion Are any of these felonies he has in this record? misdemeanor The misdemeanors okay, the drug possession charges are misdemeanors and the underage Alcohol and the open burning are ordinance violations. Thank you. Both were actually dropped to us if you ordinance violations They're not actually misdemeanors County ordinance violations Alderman bow, thank you mayor Ryan You look like a decent kid and I'm gonna call you a kid because you're 22 years old And I want to give you the benefit of the doubt so help us understand a year ago One year ago after growing up and having two underage Offenses you got to be kidding me that you don't think those are serious No, I said that 12 months ago you got behind the wheel of a car and drove around my town Where my kids play and you want me to give you a liquor license? You got to help me understand why anyone would think That's a good idea Lay it on me brother. What changes happened in your life in the past year. You want me to give you a liquor license Well, I obviously lost my license. I lost my job with at the same time. I lost my license I had a great job and I wasn't and my DUI I wasn't It was I slipped on some black ice my truck slid out and it wound up rolling one and a half times and Me and my roommate at the time actually both walked out. We're wearing seatbelts My truck was totaled me and him both walked out with a scratch on us Since that time I took me almost an entire year find a new job. I had no vehicle My parents have been getting a divorce I've been I've had to do so many things like to get my son back in my life since I lost my job I wasn't paying child support and me and her gotten a big Whole mess I've I've seen the light. I mean I don't drink I've been taking a taxi now I've just started going back out now that I've been getting a little bit money in my pocket Me and my girlfriend have been going out and I've been taking a taxi the whole time I got now that I had that DUI I will not drink and drive. I I came this close losing my life I flip it was right on the overpass. I was leaving But the tavern and I left and I was going down Indiana and I crossed over 43 I think that is right there and I almost followed the overpass I'd meet my roommate almost lost my life because I slipped on some black ice. I mean The hungry drinkings are obviously wrong and I it's not a good thing. I'm not trying to say that they're Nothing, it's just that I wasn't trying to pull a fast one over anybody. I wasn't trying to do anything. I It's a job. I've got a kid. I'm trying to support here. I'm not just trying to do whatever Thanks, so Mr.. Mayor I would I would urge my colleagues here to I would urge your family to find somebody who doesn't have a drinking Three drinking issues in the past five years hire them to close the bar down You get a job in something that doesn't involve alcohol for four or five years prove that you're Wisconsin's permissive DUI laws are crazy. I urge my colleagues to unfortunately you got a lot of unfortunate circumstances They're all results of choices. You've made my friend and I'd urge you to change your life in a different way that doesn't involve alcohol Thank you, mr. Mayor. Thank you Alderman. We have Alderman Hannah Mr. Kovacic if you could just hold off for a second Alderman Hannah. Thank you, Mr.. May I ask Alderman born a question? Had all these items been disclosed to your committee And they weren't but had they how would your committee have voted? They we I would have I would have I Based on past experience because they're related to the license activities I don't I don't believe we would have that was an issue that they weren't disclosed But when they were disclosed, I don't think that would have changed the vote of the committee and I also want to mention that our police liaison to the To the committee Lieutenant Scott Middlestatt also When I asked him for his comments Was not in favor of mr. Kovacic getting a license and I also since that time Have gotten a communication from Lieutenant Middlestatt. There are at least four other Incidents that should have been on the application that weren't on the application that even a attorney Adams was not it was not a Apparently was not aware of that go back to November of 04 and November of 04 was another possession of marijuana and that our committee was not even made available We weren't even advised of that one and there's three other ones which I won't go into. Thank you. Thank you Thank you Alderman Hannah Do you have anything else to say? That's ridiculous. I've only had two of them my entire. I don't have three charges Mr. Kovacic I Thank you for coming up. It does take a lot of guts to get up before this committee and in state your case You know, I mean it's we have our our committees for reasons that everything is not heard in front of the council chambers You know, I appreciate you coming up this evening It takes a lot of guts to stand here in front of everybody You know the guys who came before me in the when I had my first meeting He got busted for heroin and he and he got granted a license I got underage drinking and I'm not getting a license. It's up to it's up to the committee now to vote on it So if you can sit down sir, thank you very much okay We have a motion in the second To deny the license and I vote will deny the license a No vote will not approve the license. However, it will not deny the license correct We'll call place Hanna Heidemann Kaft Clowness much mayor Rindflash Sirich the under wheel Voo Wongamon Born I Bowers Decker and Gisha 14 eyes one no motion carries 19-14 in RC by law and licensing recommends recommending granting various licenses Alderman born Thank You, Mayor Ryan. I move that the report of committee be accepted and adopted Have a motion in a second to under discussion There's no discussion. We'll call please Heidemann Kaft Clowness Montemay or Rindflash Sirich Vanderwheel Voo Wongamon Born I bulk powers Decker Gisha and Hannah 15 eyes motion carries 19-15 a resolution by Alderman Gisha authorizing the assistant city attorney To enter into a payment plan on behalf of the city with Charles and lipping feral for the payment of past due room tax President Gisha, thank you your honor. I move that the resolution be put upon its passage We have a motion in the second under discussion Everyone should have had thank you your honor. Everyone should have had a corrected copy Correcting a few typos and top your other matters packets There's a debt owed the city. It's not general fund money. It's tourism money And a payment plan has been worked out of a very difficult situation And I'd be happy to answer any additional clients. Very good. Thank you President Gisha Any further discussion? Alderman board Thank You, Mayor Ryan. I was wondering if anybody knows This running tab of eleven thousand seven hundred eleven dollars and fifty-six cents is that is that owed for like a quarter or a half a year or a year and Then also my other question is Who's kind of like mining the store on these as far as you know any of these these These fees getting out of hand Thank you as far as far as You know this this was dealing with one one hotel in town, which is no longer open, right? I do not know the period on this perhaps attorney McLean knows I know that this is this is followed on a regular Basis turning McLean would you like to answer Alderman Boren's question? I can answer part of it I don't know specifically what period of time that this Delinquency covers all been born, but it does cover Taxes plus penalty and interest that is provided by ordinance and the state law The other part of your question was Who's who's binding the oh the all the Motels and hotels are required to submit quarterly Room tax returns in effect to the finance department and If they don't report or they don't pay the tax that's owing After a period of time determined by the finance department they contact us and ask us to pursue collection and I'd say typically it's Maybe at most two quarters that they're delinquent before our office gets involved And normally on these two most of your hotels in town also are dealing somewhat with the redevelopment authority also on different monies and they're also Followed any delinquencies through there also all the bars Thank you, Miran I'm looking at the old agreement, but the new agreement is for the same amount of money Yes, yes the but the difference is all our bars the old one in the written Amount of the dollar amount was 23,000 480 so that was incorrect That's that was the correction All right Now have they made the three thousand dollar payment? I see that it calls for them to make that today. I don't know if they Did or not today Is the first business day of the calendar year? This is sort of an unusual agreement because the three thousand dollars is due today fifty dollars per per month and Then the balance is due December 31st Well, fifty dollars a month isn't very much Well, if I can address that as the mayor mentioned redevelopment authority has some involvement with this Not directly with the room tax payment, but the Had an issue with the a delinquency by the ferrules as well redevelopment authority had went the ferrules I Think it was two hundred and twenty five thousand dollars as a business development loan that was delinquent and We sued the ferrules because they had given a personal guarantee on the note and we got a default judgment on that I'm aware that at the time We filed the complaint the ferrules came in to my office when we were still across the street and That day when they came in Mr. Ferrell had just been laid off at Kohler company where it had been employed for significant number of years You know They've had the hotel foreclosed on the bank now owns the hotel I believe they're no longer residing where they they had owned a condominium and shabuagan falls or the town of shabuagan so Situation is they don't have a lot of income coming in put it that way and so it's So this is why that's what I hope agreement that they come up Well, we're giving them essentially 12 months to come up to some twenty thousand dollars Well, and even there if you look at paragraph four if they don't come up with it at the end of 2010 parties may enter into a subsequent agreement to renegotiate the deal Okay, thank you Yeah, if I may I mean in this situation. This is a couple that you know We're entrepreneurial tried to revive an old hotel in town Stuck their necks out and it didn't didn't work for them since then the economy's crashed obviously the Hotel trade is off by some 40 percent nationwide. The entire industry is Any agreement that we can make with these folks that they're making an effort to pay pay this back I think in my opinion. It's a good thing President Gisher just wanted to clarify that the the loan on the On the building was to a credit union not a bank I Okay, I'll repeat that loan was not to Johnson Bay Any further discussion? Roll call please Clowness Montemay or Rin Flesch Suric Vanderweal Voo Wongamon Boran bulk Bowers Decker Gisha Hannah Heidemann and cut 15 eyes motion carries 19-16 will be referred to the city plan commission and redevelopment authority other matters attorney McLean Thank You mayor 1917 is an arrow by the city clerk submitting various license applications for the period ending June 30 2010 and June 30 2011 That will be referred to law and licensing 1918 is an arrow by the city clerk submitting a communication from Bobby Dudley requesting a waiver from the sex offender Residency ordinance restrictions that will be referred to public protection and safety 1919 is a communication from Brett Summers requesting a waiver from the sex offender residency ordinance restrictions That will be referred to public protection and safety 1920 is a resolution to authorize proper city officials to prepare the necessary documents to pursue a potential acquisition of property That will be referred to the strategic fiscal planning committee 1921 is a resolution authorizing an extension of the agreement for interim human resources and labor relations consulting services with HR unlimited LLC L will be referred to finance 1922 is a resolution to authorize a transfer of appropriations in the 2009 budget that will be referred to finance 1923 is a resolution lifting the hiring freeze in order to hire three firefighter paramedics in the Shepard and fire department That lies over for a motion to adjourn Motion to second all in favor Any opposed we are adjourned