A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Council President Armin Schwanz. Council members present were Aldermen John Urban, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, and Karl Leicht. Absent & excused were Mayor Mark Gottlieb and Alderman Pete Jushka. Also present: City Attorney Eric Eberhardt, Director of Planning & Development Randy Tetzlaff and City Administrator Mark Grams. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meetings-June 19, 2001 and Special City Council Meeting of June 26, 2001

B. Consider Operator’s License Applications-Crystal L. Berth, Brandi S. Seltrecht and Kirkley K. Heatwole

C. Consider Renewal of Operator’s License Applications-Timothy J. Haas, Anita Franzke, Sharon L. Brucken, Celine C. Krizek, Jenny S. Housman, and Barbara C. Koepke

MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CONSENT AGENDA EXCLUDING APPROVAL OF THE ORIGINAL OPERATOR’S LICENSE APPLICATIONS FOR CRYSTAL L. BERTH AND BRANDI S. SELTRECHT. Motion carried unanimously.

A. Appointment To BID Board-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN MATTHEWS TO CONFIRM THE MAYOR’S APPOINTMENT OF DON VOIGT AND SHIRLEY GRUEN TO THE BID BOARD. Motion carried unanimously.

A. Project Updates-City Administrator Grams reported on the status of projects in the City-E. Grand Avenue-Nearly completed. City Planner Randy Tetzlaff and City Administrator Grams will be meeting with hotel representatives next week to go over plans for the hotel parking lot. Road to Upper Lake Park-City Administrator Grams referred to his memo to the Council regarding redesigning the road to Upper Lake Park. Staff reviewed plans and decided to go back to the original design. Curbing and sidewalk is next. The contractor assured the City this project would be completed before Fish Day. S. Spring St.-Bid advertisements have gone out; four contractors have taken out specs. Bid opening is scheduled for July 13^th. There will be a Special City Council Meeting on July 16^th to approve bids along with other agenda items. Water Tower Project on Thomas Drive is completed. The logo for the water tower will be done in September.

PUBLIC COMMENTS/APPEARANCES-There was none.

A. Finance & License Committee

1. Consider Request From Harbor Square Development Regarding Deferred Special Assessments-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN URBAN TO WAIVE THE DEFERRED SPECIAL ASSESSMENTS FOR HARBOR SQUARE DEVELOPMENT. Motion carried unanimously.

2. Consider Contribution To Port Washington Historical Society For Waiving Building Permit Fees-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN HUDSON TO WAIVE THE BUILDING PERMIT FEE OF $825 FOR RENOVATION OF THE PORT WASHINGTON LIGHTHOUSE STATION. Motion carried unanimously.

3. Consider Agreement With County Public Health Department-City Administrator Grams indicated that the City Attorney is making some amendments to the agreement. MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE AGREEMENT WITH THE COUNTY PUBLIC HEALTH DEPARTMENT AND THE CITY OF PORT WASHINGTON TO TEST PUBLIC BEACHES NORTH OF THE WASTEWATER TREATMENT PLANT AS AMENDED BY THE CITY ATTORNEY. Motion carried unanimously.

4. Consider Deferral Of Impact Fees For Lincoln Village Senior Apartments-Discussion was held in regards to adding a time frame of when the property would be sold by the developer before approving deferral of the impact fees of $102,000. MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN URBAN TO TABLE THIS ITEM UNTIL THE CITY ATTORNEY CAN PROVIDE THE COUNCIL WITH SUITABLE LANGUAGE FOR DEFERRAL OF IMPACT FEES FOR LINCOLN VILLAGE SENIOR APARTMENTS. Motion carried unanimously.

5. Consider Developer’s Agreement For Lakeridge Subdivision Addition No. 2-Tabled

B. Traffic Safety Committee

1. Ordinance 2001-16 (Install Stop Signs in Lake Ridge Subdivision) 2^nd Reading-MOTION BY ALDERMAN URBAN, SECOND BY ALDERMAN HUDSON TO APPROVE ORDINANCE 2001-16. Motion carried unanimously.

2. Ordinance 2001-17 (Modify Speed Limits on Seven Hills Road, N. Spring St., W. Grand Ave. and Division St.) 2^nd Reading-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO APPROVE ORDINANCE 2001-17. Motion carried unanimously.

3. Ordinance 2001-18 (Approve Thirty Minute Parking Between the Hours of 8:00 A.M. and 7:00 P.M. on East Side of Moore Rd., North of Grand Ave.) 2^nd Reading-MOTION BY ALDERMAN URBAN, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2001-18. Motion carried unanimously.

4. Ordinance 2001-19 (Approve 15 Minute Parking Zone in Marina Parking Lot) 2^nd Reading-MOTION BY ALDERMAN URBAN, SECOND BY ALDERMAN BABCOCK TO APPROVE ORDINANCE 2001-19. Motion carried unanimously.

5. Ordinance 2001-20 (Replace Yield Signs with Stop Signs at the Intersection of Lincoln and Garfield Ave. and Lincoln and High St.) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2001-20. Motion carried unanimously.

A. Consider Quit Claim Deed With Higher Ground, LLC

B. Consider Easement Agreement With Higher Ground, LLC

C. Consider Conditional Use Grant Application For Higher Ground, LLC

The above items were tabled.

NEW BUSINESS-There was none.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Schwanz-Thanked Candlelight Productions for putting on the Maritime Heritage Festival. It was a job well done and great for our community. Alderman Hudson-Second to comments on Maritime Heritage Festival. Alderman Babcock-Echo previous comments on Maritime Heritage Festival-the volunteers did a great job. Since Tony Depies was liaison for the DOT and S. Spring Street residents, who will take his place? City Administrator Grams and the interim City Engineer will be the liaison for the S. Spring St. Project. Who has the color code for staking? Steve in the Engineering Department has the color code and has been responding to people concerning this. Alderman Urban-How were things proceeding with cleaning the area of the condominium project for Fish Day? The crane will be taken off the street and the area should be cleaned up for Fish Day. The water fountain in front of the Pebble House needs repair.

PUBLIC COMMENTS/APPEARANCES-None

ADJOURNMENT-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:15 P.M. Motion carried unanimously.

1. Roll Call was taken. Present were Aldermen Hudson, Matthews, Schwanz Hudson and Leicht. Absent and excused were Aldermen Babcock and Jushka. Also present was City Administrator Mark Grams.

2. Reject Bids For S. Spring St. Utility Project and Authorize Re-bidding Of

Project-MOTION WAS MADE BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO REJECT BIDS FOR THE S. SPRING STREET UTILITY PROJECT AND AUTHORIZE RE-BILLING OF THE PROJECT. Motion carried unanimously.

3. Designate City Items For County Time Capsule-The Council discussed items to be placed in the County Courthouse time capsule. Suggestions included: a list of Councilmen, Fish Day T-Shirt, and pictures of the City.

4. Redesign of E. Grand Avenue Project-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE REDESIGN OF E. GRAND AVENUE. Motion carried unanimously. The redesign of E. Grand Avenue will allow trucks to make deliveries to Smith Bros. loading dock.

5. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO ADJOURN THE MEETING OF THE SPECIAL CITY COUNCIL MEETING AT 6:47 P.M. Motion carried unanimously.

Mark Grams

City Administrator

Table of Contents

A duly convened meeting of the Common Council was called to order at 7:35 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen John Urban, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Attorney Eric Eberhardt, Director of Planning & Development Randy Tetzlaff and City Administrator Mark Grams. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meetings-June 5, 2001

B. Consider Operator’s License Applications-None

C. Consider Renewal of Operator’s License Applications-See list on file

D. Consider Combination "Class B" License (Tavern) Applications-Herbert James/Sir James Pub/316 N. Franklin St., B & C Operating Co., LLC (William R. Goldammer, II) Smith Bros. Restaurant/100 N. Franklin St., Buchel’s Colonial House, Inc. (Joseph E. Buchel) 1000 S. Spring St., Lakeview Hospitality, Inc. (Kenneth G. Strupp) Country Inn & Suites, Critic’s Corner/350 E. Seven Hills Rd., Richard Lam/Diana Lam/Lam’s Chinese Restaurant/200 W. Grand Ave., Schooner Pub, Inc. (Mark R. Poull) 114 N. Franklin St., Pat C. Montalto/Sundance/551 N. Wisconsin St., Harbor Hills, Inc. (Robert C. Nisleit) 101 Freeman Dr., Port Washington Hotel, LLC (Cathy A. Wilger) Best Western Harborside Hotel/135 E. Grand Ave., JAZ Enterprise, Inc. (Joseph A. Zankl) Port Hotel/101 E. Main St., George King, Jr./King On The Hill/601 N. Wisconsin St., Valerie A. Andes/Captain’s Quarters/219 N. Franklin St., Robert Baumann/Tiny Tavern/329 N. Franklin St., Tavern In Port, Inc. (David D. Dixon) 100 E. Grand Ave., Willie’s Lakefront Lanes, Inc. (Gayle Wilber) 119 E. Main St., Van Ells-Schanen American Legion Post #82 (Ray A. Wendt) 435 Lake St., JY Enterprises, LLC (Joni M. Yench) Port Side Pub/201 W. Grand Ave., and PBM, LLC (David P. Barth) Common Ground/605 W. Grand Ave.

E. Consider Cabaret License Applications-Schooner Pub, Inc. (Mark R. Poull) 114 N. Franklin St., B & C Operating Company, LLC (William R. Goldammer, II) Smith Bros. Restaurant/100 N. Franklin St., Pat C. Montalto/Sundance/551 N. Wisconsin St., Harbor Hills, Inc. (Robert C. Nisleit) 101 Freeman Dr., Willie’s Lakefront Lanes, Inc. (Gayle E. Wilber) 119 E. Main St., Valerie A. Andes/Captain’s Quarters/219 N. Franklin St., and PBM, LLC (David P. Barth) Common Ground/605 W. Grand Ave.

F. Consider Class "B" Fermented Malt Beverage License Applications-John’s Tavern & Pizzaria, Inc. (John J. Crowley) 117 E. Main St., Dockside Deli, Inc. (Mary Ann Voigt) 218 E. Main St., Flag Pizza, Inc. (James Fortunato) Jimmy’s Pizza/201 N. Franklin St.,

G. Consider "Class C" Wine License Applications-Dockside Deli, Inc. (Mary Ann Voigt) 218 E. Main St. and Flag Pizza, Inc. (James Fortunato) Jimmy’s Pizza/201 N. Franklin St.

H. Consider Brewers/Wholesale License Applications-Harbor City Brewing Co., Inc. (James Schueller) 535 W. Grand Ave. and Port Washington Brewing Company, LLC (Lisa DeRosa) 100 N. Franklin St.

I. Consider Temporary Class "B" Retailer’s License (Picnic)-Port Washington Rotary Club/July 21, 2001 (Fish Day)

J. Consider Temporary Bartender’s License Applications-Lion’s Fest-Robert G. Binsfeld and Roland W. Chaloupka

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN JUSHKA TO APPROVE THE CONSENT AGENDA WITH THE DELETION OF A BEER GARDEN FOR THE PREMISES DESCRIPITION FOR THE "CLASS B" TAVERN LICENSE FOR COMMON GROUND. Motion carried unanimously.

A. Appointment to BID Board and Library Board-Mayor Gottlieb informed the Council that he would like to hold off on the appointment to the BID Board. He is recommending the appointment of Marie Zirbes and Barbara Matera to the Library Board. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO CONFIRM THE RE-APPOINTMENT OF MARIE ZIRBES AND BARBARA MATERA TO THE LIBRARY BOARD. Motion carried unanimously.

B. Mayor Gottlieb informed the Council that he received communication from the Census Bureau on census data for the City of Port Washington.

A. Process to Develop City Re-Apportionment Plan-City Administrator Grams reported on the redistricting plan for the City of Port Washington. He will schedule a meeting with the Administration Committee and the City Planner to develop a City re-apportionment plan.

B. Testing of Beach Water-City Administrator Grams reported that he met with the County Health Department to develop a plan for testing beach water. The County will collect the sample from Lake Michigan and deliver it to the Waste Water Treatment Plant where it will be tested for Fecal Coliform. The City Attorney will review the proposed agreement between the City and the County for testing of beach water and it will be discussed at the next Council Meeting.

C. State Bids for S. Spring Street Project-City Administrator Grams met with the DOT regarding bids for S. Spring Street. The low bid was submitted by James Peterson, Inc. in the amount of $2,236,975.94. The contract will be awarded sometime next week.

D. Project Updates-E. Grand Avenue Project-curb and gutter work is done. The sidewalk was finished yesterday. Asphalt work will be done next week and the final item will be the landscaping. Road to Upper Lake Park-Water main is installed and road is completely milled. Ozaukee Excavating will be starting the storm sewer and T. P. Contractors will work on the curb & gutter and sidewalk. Both projects are on schedule. There was concern about having enough room for delivery trucks with the E. Grand Avenue Project.

PUBLIC COMMENTS/APPEARANCES –David Lyon, developer of Lincoln Village Senior Apartments on W. Lincoln Avenue-said they were successful in obtaining financing and thanked the City for their support. A groundbreaking ceremony is scheduled for the end of August or early September. Elizabeth O’Connell, 822 W. Grand Ave.-is very disappointed with the lack of maintenance in Rotary Park and the new Library addition. Something needs to be done with the plantings and weeds. Craig Modahl, Executive Director of Balance, Inc. for Ozaukee County-his firm is celebrating their 10^th anniversary in providing service and would like to have a fish boil in the park. He requested permission from the Park & Recreation Board and they referred him to the Council. City Administrator Grams informed him that he needs permission from the Fire Chief to allow an open flame in the park.

A. Finance & License Committee

1. Consider Bids for Water Main and Sewer Main Replacement Work on S. Spring St.-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN HUDSON TO AWARD THE LOW BID FOR THE S. SPRING STREET UTILITY REPLACEMENT WORK TO MUSSON BROS. IN THE AMOUNT OF $373,909. Motion carried unanimously.

2. Resolution 2001-20 (Approval of Agreement Between the City and the Union Pacific Railroad for Construction of Railroad Crossing at Maritime Dr.)-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2001-20. Motion carried unanimously.

B. Traffic Safety Committee

1. Ordinance 2001-16 (Install Stop Signs in Lake Ridge Subdivision) 1^st Reading

2. Ordinance 2001-17 (Modify Speed Limits on Seven Hills Road, N. Spring St., W. Grand Ave. and Division St.) 1^st Reading

3. Ordinance 2001-18 (Approve Thirty Minute Parking Between the Hours of 8:00 A.M. and 7:00 P.M. on East Side of Moore Rd., North of Grand Ave.) 1^st Reading

4. Ordinance 2001-19 (Approve 15 Minute Parking Zone in Marina Parking Lot) 1^st Reading

5. Ordinance 2001-20 (Replace Yield Signs with Stop Signs at the Intersection of Lincoln and Garfield Ave. and Lincoln and High St.) 1^st Reading

The above ordinances were the result of a recommendation from the Police Department and the Traffic Safety Committee.

C. Personnel Committee

1. Consider Hiring Consultant to Serve as Interim City Engineer/Director of Public Works-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN BABCOCK TO HIRE MR. LLOYD TURNER FROM CRISPELL-SNYDER TO SERVE AS INTERIM CITY ENGINEER/DIRECTOR OF PUBLIC WORKS. Motion carried unanimously.

A. Board of Public Works

1. Consider Change Order for the Sidewalk Replacement Program-MOTION BY ALDERMAN SCHWSANZ, SECOND BY ALDERMAN URBAN TO APPROVE THE CHANGE ORDER FOR THE SIDEALK REPLACEMENT PROGRAM. Motion carried unanimously.

2. Consider Adding Second Logo Design to Thomas Port Water Tower-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE HAVING UTILITIES SERVICES, INC. TO ADD A SECOND LOGO TO THE THOMAS PORT WATER TOWER AT A COST OF $8,500 WITH FUNDS TO BE TAKEN FROM THE WATER UTILITY RESERVE FUND. Motion carried. 6-ayes, 1-nay (Hudson)

A. Ordinance 2001-15 (An Ordinance Amending the Subdivision Dedication Requirement for Park and Recreation Lands and Open Spaces) 2^nd Reading – MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN URBAN TO APPROVE ORDINANCE 2001-15. Motion carried unanimously.

A. Consider Restricted Development Easement Agreement With V. K. Development, F & S Management And Tom And Joanne Poull With Regard To Vision Clearance At Maritime Drive Railroad Crossing-Tabled

B. Approve Asbestos Testing Contract For City Hall-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO APPROVE HIRING SCHAUER & ASSOCIATES TO DO ASBESTOS TESTING AT CITY HALL IN THE AMOUNT OF $1,990. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Leicht-In regard to sidewalk repair, people would like to see it put on the tax roll; received a call from a citizen who was very concerned that sirens did not go off before the storm last week. Feels the City should refer this matter to the Police & Fire Commission for them to review the policy on sounding of sirens. Alderman Jushka-commented on the letter the Council received from the Historical Society. Alderman Hudson-would like to see if the City could locate funds to help out the Historical Society with the Light House Renovation Project. Is very disappointed to see the maintenance of Rotary Park slide. He was assured this would be taken care of and nothing was done. Babcock-Asked about the status of the shed that was damaged by construction of the new lift station. Alderman Schwanz-garbage was not picked up on Hales Trail; echoed what Alderman Hudson said about maintenance of Rotary Park; feels that with the new addition, the Library should have hours on Saturday and Sunday during the summer. Aldermen Urban-commented on the issues brought up at the Park & Recreation Meeting concerning a sledding hill in the proposed Youth Soccer Complex. This matter will be going before the Plan Commission on Thursday.

PUBLIC COMMENTS/APPEARANCES-None

ADJOURNMENT-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:27 P.M. Motion carried unanimously.

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen John Urban, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Engineer Tony Depies, City Attorney Eric Eberhardt, Director of Planning & Development Randy Tetzlaff and City Administrator Mark Grams. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meetings-May 15, 2001 and May 22, 2001

B. Consider Operator’s License Applications-Cathleen A. Wilger, Blake A. Hughes, Brian S. Barber, Cara A. Callies, Rebecca A. Bink and Tammy M. Pierringer

C. Consider Temporary Class "B" Retailer’s Picnic Licenses-VFW Port Washington Memorial Post #7588/July 4, 2001/Ozaukee County Court House Centennial Jubilee, 1901-2001; Leatherneck Club/July 21, 2001 (Fish Day); Ozaukee Lodge #17 F & AM, July 21, 2001 (Fish Day); and Business Improvement District/June 30, 2001/Maritime Heritage Festival

D. Consider Temporary Bartenders License Applications-VFW Port Washington Memorial Post #7588/Wesley R. Blumenberg, Dennis J. Ansay, Robert W. Hackbarth, Charles J. Ellmauer; Leatherneck Club/Robert J. Sanders, Jerome H. Ziem, Harlan L. Hawley, Ron R. Hult, Steven P. Volkmann; Ozaukee Lodge #17 F & AM/David E. Tainter, Erwin A. Wuehr, Thomas J. Abott, Craig G. Heatwole, and Frederick W. Stelter

E. Consider Combination "Class B" License (Tavern)-Randall J. Buser/Grand Avenue Saloon/550 W. Grand Ave.

F. Consider Original Combination "Class B" License (Tavern)-Pasta Shoppe, LLC (James Kiesow) 323 N. Franklin St.

G. Consider Combination "Class A" License-T. P. Stores, Inc. (Robert Norskog) 117 W. Grand Ave./1430 W. Grand Ave.; Schneider Foods, Inc. (Daniel J. Schneider) 101 W. Seven Hills Rd.

H. Consider Class "B" Fermented Malt Beverage License-Beanie’s, Inc. (Marcia Endicott) 102 E. Grand Ave. and Port Washington Yacht Club/430 N. Lake St.

I. Consider Class "A" Fermented Malt Beverage License-M & CP Investments, Inc. (Charles E. Prendergast, Jr.) 1100 S. Spring St. and 1605 N. Wisconsin St.

J. Consider "Class C" Wine License-Beanie’s, Inc. (Marcia Endicott) 102 E. Grand Ave.

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN URBAN TO APPROVE ITEMS A. THROUGH J. ON THE CONSENT AGENDA. Motion carried unanimously.

K. Consider Civic License For County Court House Centennial Jubilee Celebration and Maritime Heritage Festival-City Administrator Grams reported that the Finance and License Committee would like a policy for handling beer with a civic license. Fencing should be required, as in a beer garden, or if there were no fencing, then security guards would monitor the entrance and exits of the area where beer is being sold. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CIVIC LICENSES FOR OZAUKEE COUNTY COURT HOUSE CENTENNIAL JUBILEE 1901-2001 ON JULY 4, 2001, 121 W. MAIN ST. (NO FENCING-SECURITY GUARDS) AND MARITIME HERITAGE FESTIVAL/ROTARY PARK/LAKEFRONT/JUNE 30, 2001 (FENCING). Motion carried unanimously.

A. Mayor Gottlieb extended appreciation to members of the Van Ells-Schanen American Legion Post #82 for sponsoring the Memorial Day observance at Veteran’s Park and congratulated Mr. Brad Breuer who gave the main speech and who won the American Legion Civic Oratory Contest.

B. Mayor Gottlieb informed the Council that he was invited to attend a banquet for Father Al Sommer where he presented him a framed proclamation for the 35^th Anniversary of his ordination.

A. City Administrator Grams reported that there will be a ribbon-cutting ceremony for the new Country Inn & Suites on Thursday, June 7^th at 4:00 p.m.

B. The Personnel and Traffic Safety Committee will be meeting next week

C. City Attorney Eric Eberhardt reported that the judge ruled in favor of the City on the lawsuit filed by Aero Painting regarding the maintenance of the Thomas Dr. Water Tower. Attorney Eberhardt also reported that City filed its appellant brief in the matter of the petition for incorporation by the Town of Port Washington and the City is optimistic about the outcome of that appeal.

D. City Engineer Depies reminded the Council of the bid opening for the Spring St. Reconstruction Project on June 12^th at the DOT and the water main improvements for Spring St. is scheduled for June 13^th.

PUBLIC COMMENTS/APPEARANCES - Mr. Jim Van Hoogen, 422 W. Grand Ave.-Stated his issues are still the same on the proposed condo project at 426 W. Grand Ave. His concerns are the density of the project, water run-off, a retaining wall and would like some kind of shrubbery screen. Dr. Kurt Macek, 428 W. Grand Ave., Dental Office-Is concerned where the driveway will be in relation to the easement. Also concerned about additional traffic, snow, and safety of people using the ramp to the dental office. Mr. Pete Didier-developer-the property is zoned for an 8-family unit. The proposed development has less density and better and more efficient use of the land than using a townhouse plan. The drainage plan will have very little run-off. Mr. Lloyd Smith, 1312 W. Grand Ave.-Does the proposed reconstruction plans for City Hall follow the design rules for the nautical theme district? The City Administrator will check on this. Ron Farber-developer of project for 426 W. Grand Ave.-Passed out visual aids of the project. Mr. Farber feels the proposed project would be very beneficial as there isn’t much housing available in the downtown area. This is the best use of the land.

A. Finance & License Committee

1. Consider Construction Bids For E. Grand Ave. And Road To Upper Lake Park-Alderman Babcock would like the landscaping removed and bid it out separately. MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN LEICHT TO APPROVE THE BID OF OZAUKEE EXCAVATING TO RECONSTRUCT THE ROAD TO UPPER LAKE PARK AND E. GRAND AVENUE AT A COST OF $142,252.01 AND TO DIRECT THE CITY ENGINEER TO REMOVE THE LANDSCAPING AND DO IT AS A CHANGE ORDER IF THE CONTRACTOR’S CONSENT. Motion carried.

4 ayes; 3 nays (Schwanz, Hudson, Urban)

2. Resolution 2001-18 (Charge Off Of Accounts) MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN URBAN TO APPROVE RESOLUTION 2001-18. Motion carried unanimously.

3. Resolution 2001-19 (Final Resolution To Levy Special Assessments For Sidewalk Reconstruction)-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE RESOLUTION 2001-19 AS AMENDED. Motion carried unanimously.

B. Personnel Committee

1. Consider Hiring Part-Time Clerical Position-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN URBAN TO HIRE A PART-TIME CLERICAL POSITION. Motion carried unanimously.

A. Plan Commission

1. Public Hearing For Ordinance 2001-14 (Amend Chapter 20.34.300 Of The Municipal Code To Create An Arterial Gateway Overlay District)-Randy Tetzlaff, Director of Planning and Development, reviewed the language in the ordinance which is intended to provide higher standards of design and site development along the high-visibility arterial gateways into the City. Mr. Charles Prendergast, 1605 N. Wisconsin St. and 1100 S. Spring St.-His main concern is would his businesses be conforming with temporary and ground signs? City Attorney Eberhardt indicated that identification of business signs are permitted. Mr. Prendergast stated that his business is at a considerable competitive disadvantage if temporary signs are not permitted. Jack Eckert, 312 W. Washington St.-Questioned the interpretation of the ordinance in regards to temporary signs such as campaign and rummage sale signs. Mr. Gene Streff, 981 S. Spring St.-Looking forward to this ordinance which would enhance existing businesses; questioned the restrictions on parking and metal buildings. City Attorney Eberhardt indicated that the section on parking was advisory and not a requirement. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Ordinance 2001-14 (Amend Chapter 20.34.300 Of The Municipal Code To Create An Arterial Gateway Overlay District) 2^nd Reading MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO APPROVE ORDINANCE 2001-14. Motion carried unanimously.

3. Ordinance 2002-15 (Amend Municipal Code Regarding Park Dedication Fees) 1^st Reading City Administrator Grams indicated that this ordinance is recommended by Park & Recreation Board and Plan Commission. The primary reason for the proposed changes to the Park Dedication Fees is to set aside monies not only for neighborhood and mini parks, but also for community parks.

A. Review Motion To Approve Conditional Use Grant Application To Allow Construction Of An 8-Unit Condominium Project At 426 W. Grand Ave.-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE CONDITIONAL USE GRANT APPLICATION TO ALLOW CONSTRUCTION OF AN 8-UNIT CONDOMINIUM PROJECT AT 426 W. GRAND AVE. Motion carried. 6 ayes; 1 nay (Urban)

A. Closing City Streets For Farmer’s Market-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE CLOSING A PORTION OF E. MAIN STREET FOR THE FARMER’S MARKET ON SATURDAYS BETWEEN JULY 28^TH THROUGH OCTOBER 27^TH FROM 8:00 A.M. TO 12:00 NOON. Motion carried unanimously.

B. Closing City Streets For Maritime Heritage Festival-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN SCHWANZ TO APPROVE CLOSING APORTION OF EAST GRAND AVENUE FROM FRANKLIN STREET EAST TO THE CITY PARKING LOT BEHIND SMITH BROS. RESTAURANT ON JUNE 30^TH FROM 10:00 A.M. TO 6:00 P.M. FOR THE MARITIME HERITAGE FESTIVAL. Motion carried unanimously.

C. Closing City Streets For County Courthouse Centennial Jubilee Celebration-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO APPROVE CLOSING WEST MAIN STREET BETWEEN WISCONSIN STREET AND MILWAUKEE STREET AND NORTH WISCONSIN STREET BETWEEN GRAND AVENUEAND MAIN STREET FOR THE COUNTY COURTHOUSE CENTENNIAL JUBILEE CELEBRATION ON JULY 4^TH. Motion carried unanimously.

D. Approve Closing Frances Street For A Block Party, June 10^th-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN URBAN TO CLOSE FRANCES STREET FROM BEUTEL RD. TO W. NORPORT ON JUNE 10^TH FROM 4:00 P.M. TO 9:00 P.M. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Matthews questioned the City Attorney in regards to accepting an invitation to attend an "Open House" for the Country Inn & Suites. The City Attorney said it is permissible. Alderman Schwanz-asked when the sign would be put up at the Library. City Engineer Depies reported that it should be installed in 2 weeks. Alderman Babcock-thanked City Engineer Depies for his service to the City. Alderman Hudson-reiterated Alderman Babcock’s comment. Alderman Leicht-good luck to City Engineer Depies in his new job. Mayor Gottlieb-good luck to City Engineer Depies.

PUBLIC COMMENTS/APPEARANCES-None

ADJOURNMENT-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:43 P.M. Motion carried unanimously.

Table of Contents

1. Roll Call was taken. Council Members present: Aldermen Matthews, Schwanz, Babcock, Hudson, Jushka and Leicht. Absent and excused was Alderman Urban. Also present was City Administrator Mark Grams.

2. Consider Hiring Rettler Corporation For The Topographic Mapping Of The Park/ Soccer Complex (Former Schanen Property)-Motion by Alderman Leicht, second by Alderman Schwanz to approve hiring Rettler Corporation for the topographic mapping of the Park/Soccer Complex. Motion carried unanimously.

3. Resolution 2001-17 (Resolution Congratulating Reverend Allan Sommer on the 35^th Anniversary of his Ordination)-Motion by Alderman Jushka, second by Alderman Hudson to approve Resolution 2001-17. Motion carried unanimously.

4. Motion by Alderman Matthews, second by Alderman Leicht to adjourn the special meeting of the City Council at 4:10 p.m. Motion carried unanimously.

Mark Grams

City Administrator

Table of Contents

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen John Urban, Harold Matthews, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Absent & Excused was Alderman Armin Schwanz. Also present: City Engineer Tony Depies, City Attorney Eric Eberhardt, Director of Planning & Development Randy Tetzlaff and City Administrator Mark Grams. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meeting-May 1, 2001

B. Consider Operator’s License Applications-Richard L. DeMario, Jennifer L. Schmitz, Aimee L. Tanner, Jamie D. Kittson, Christy J. Dyer and Jennifer L. Ratatori

C. Consider Temporary Class "B" Retailer’s Picnic Licenses-Great Lakes Sport Fishermen’s Club/July 6, 2001 to July 8, 2001/Fishing Contest; Ozaukee Corvette Club Car Show/June 2,2001/Flaherty Chevrolet/1180 South Spring St.

D. Consider Temporary Bartenders License Applications-Great Lakes Sport Fishermen’s Club-Roger I. Faldet, Stu W. Natale, Daniel T. Ogier, E. Miche Priaulx, Duane E. Nadolski, William C. Schroeder, Ellsworth J. Gray, Jack R. Reis, James P. Boyd, and Frederick W. Ladwig; Ozaukee Corvette Club Car Show-Jim Montanna and Gene Neils.

E. Consider Cabaret License Application-JY Enterprises, LLC (Joni Yench)/Port Side Pub/201 W. Grand Ave./May 18, 2001

F. Consider Combination "Class B" Tavern License-I & B, Inc. (Irving E. Carlson) Wilson House/200 N. Franklin St./July 1, 2001 to June 30, 2002; NewPort Shores, Inc. (John W. Weinrich) NewPort Shores/407 E. Jackson St./July 1, 2001 to June 30, 2002

G. Consider Combination "Class A" License-Ozaukee Enterprises, Ltd. (Harold Block) Port Apothecary/1011 N. Wisconsin St./July 1, 2001 to June 30, 2002

H. Consider Class "B" Fermented Malt Beverage License-PH Green Bay, LLC (Caroline J. Mitchell) Pizza Hut/1021 N. Wisconsin St./July 1, 2001 to June 30, 2002

MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CONSENT AGENDA. Motion carried unanimously.

A. Appointment to Board of Review-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO CONFIRM THE MAYOR’S APPOINTMENT OF HOWARD FUYS TO THE BOARD OF REVIEW. Motion carried unanimously.

A. Update On City Hall Renovation Project-City Administrator Mark Grams gave a report on the Design Review Board Meeting. He indicated that the Design Review Board made a recommendation to the Council that additional alternatives be looked at for the proposed entranceway to City Hall. If this were done, additional funding would be required. City Administrator Grams questioned if the Design Review Board has the authority to change a design that was approved by the Council at a previous meeting? City Administrator Grams then introduced representatives from Bonestroo, Mr. Barry Genson and Mr. Chris Braun. Mr. Genson and Mr. Braun updated the Council on the City Hall Renovation Project. They showed illustrations of the original plan and one of the modified plan. Mr. Genson distributed a letter to the Council outlining the design changes and cost estimates updated from their original presentation of October 2, 2000. Alderman Babcock would like to see something done to the existing garage doors facing Grand Avenue so that it would blend in with the rest of the remodeled building. After the presentation, MOTION WAS MADE BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO AUTHORIZE THE ARCHITECT TO PROCEED WITH THE FINAL ALTERNATIVE DESIGN PLAN AND SPECIFICATIONS AND SITE PLAN SUBJECT TO APPROVAL OF THE PLAN COMMISSION. Motion carried unanimously.

PUBLIC COMMENTS/APPEARANCES-There was none.

A. Finance & License Committee

1. Consider 4^th of July Fireworks Contract With Mad Bomber Fireworks Productions-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN URBAN TO APPROVE THE 4^TH OF JULY FIREWORKS CONTRACT WITH THE MAD BOMBER FIREWORKS PRODUCTIONS AT A COST OF $12,000. Motion carried unanimously.

2. Consider Construction Bids for Sidewalk Replacement Program-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE CONSTRUCTION BID OF T.P. CONSTRUCTION FOR THE SIDEWALK REPLACEMENT PROGRAM AT A COST OF $3.49 PER SQ. FOOT. Motion carried unanimously.

3. Request From Harbor Square Development Regarding Deferred Special Assessments-Tabled.

4. Funding to Install Air Conditioning in Holder Lawn Mower-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN JUSHKA TO APPROVE FUNDING TO INSTALL AIR CONDITIONING IN HOLDER UTILITY TRACTOR. Motion carried unanimously.

A. Board of Public Works

1. Consider Change Order No. 3 For The Lift Station No. 2 Project-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE THE CHANGE ORDER NO. 3 FOR THE LIFT STATION NO. 2 PROJECT. Motion carried unanimously.

B. Plan Commission

1. Public Hearing For A Conditional Use Grant Petition To Allow A 17 Bed Alzheimer’s Unit At The Harbor Club, 415 Walters St. Mayor Gottlieb declared the public hearing open. There were no comments. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Public Hearing For A Conditional Use Grant To Allow Construction Of An Eight-Unit (Multi-family Building) Condominium Project At 426 W. Grand Ave. Mayor Gottlieb declared the public hearing open. Betty Brelsford, 3612 E. Norport Dr.-Was representing Mr. VanHoogen, 422 W. Grand Ave. Questioned why there weren’t blue prints available at the public hearing showing elevations of this project. Mr. James VanHoogen, 422 W. Grand Ave.-His residence is directly next to the proposed project and his main concern is the distance of the proposed driveway to his lot. He feels it will be too close. Also, had questions on the retaining way. Where is the water going to run off? He would like to see some sort of fence or screening between his property and the proposed development. He is also concerned about traffic. City Engineer Depies addressed some of his questions concerning the grading plan and indicated there is a landscaping plan. Mr. Jim Kolocek, 413 N. Wisconsin St.- Where are you going to go with all the snow in the winter? Mr. James VanHoogen-The density of the project is too much for the land. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

3. Consider Conditional Use Grant Petition To Allow A 17 Bed Alzheimer’s Unit At The Harbor Club-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CONDITIONAL USE GRANT PETITION TO ALLOW A 17 BED ALZHEIMER’S UNIT AT THE HARBOR CLUB. Motion carried unanimously.

4. Consider Conditional Use Grant Petition To Allow Construction Of An Eight-Unit (Multi-family Building) Condominium Project At 426 W. Grand Ave.-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO APPROVE THE CONDITIONAL USE GRANT PETITION TO ALLOW CONSTRUCTION OF AN EIGHT UNIT (MULTI-FAMILY BUILDING) CONDOMINIUM PROJECT AT 426 W. GRAND AVE. 3 ayes (Babcock, Hudson, Jushka) 3 nays (Urban, Matthews, Leicht) Motion defeated.

5. Consider Quit Claim Deed (Sale of City Property) To Higher Ground, LLC-Mayor Gottlieb moved to Item #9, public hearing, prior to taking action on Items 5, 6 and 7.

9. Public Hearing For A Conditional Use Grant Petition To Allow Construction Of A Four Unit Multi-Family Condominium Building As A Part Of The Ten-Unit Condominium Project Located North Of Jackson St. And East Of Wisconsin St.-Mayor Gottlieb declared the Public Hearing open-Don Voigt, 434 N. Wisconsin St.-Feels the whole project is gargantuan. It should be scaled back to the existing buildings on "Billy Goat Hill". Citizens want to protect the aesthetics-land and trees. Lois Swanson, 426 N. Wisconsin St.-Concerned about the number of units proposed in the project. We are losing green space. Charles Powell, developer working on the project-his company is very concerned about the aesthetics and maintaining the hill and green space. A lot of time was spent on making the project aesthetically pleasing. The majority of forestation is on City property. Mike Tackes, 428 N. Harrison-the 4-unit building is being built on the highest point of the hill and is going to stick out like a sore thumb. Would like to see a more low profile. Jim Kolocek, 413 N. Wisconsin St.-Asked if the City is going to take down trees for a driveway? Why can’t the road be moved? There is a road in the area already that could be used. Presented a petition with 150 signatures of citizens who do not want the City to sell the land to Higher Ground, LLC. It would be a tragic change to Port Washington to put this development on the hill. Some of the trees are over 100 years old. The project should be toned down in size. Amy Wilborn, 233 E. Pier St.-Stated she is pretty appalled about the large buildings being built in this area. If you talked to constituents they would not approve of this project. Seems as though people are requesting things outside of the zoning code and they are being approved. Charles Powell-passed out pictures of area to Council to show that they are trying to save as many trees as possible. MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN JUSHKA TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

5. Consider Quit Claim Deed (Sale of City Property) To Higher Ground, LLC-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN URBAN TO APPROVE THE QUIT CLAIM DEED (SALE OF CITY PROPERTY) TO HIGHER GROUND, LLC. Motion carried unanimously.

6. Consider Easement Agreement With Higher Ground, LLC-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO APPROVE THE EASEMENT AGREEMENT WITH HIGHER GROUND, LLC. Motion carried unanimously.

7. Consider Right of First Refusal From Higher Ground, LLC-No action.

8. Ordinance 2001-14 (Amend Chapter 20.34.300 Of The Municipal Code To Create An Arterial Gateway Overlay District) 1^st Reading-This ordinance is intended to provide higher standards of design and site development along the high visibility arterial gateways into the City.

UNFINISHED BUSINESS-None

A. Public Hearing In Regards To Levying Special Assessments For Sidewalk Replacement Work-Mayor Gottlieb declared the public hearing open. Richard Rokus, 431 W. Whitefish Rd.-Indicated that several sections of his sidewalk have been identified for work. Some only have a simple break in them. The sidewalk has not changed position for 35 years. Why do they have to be replaced? Can the City review some of the marked sections? City Engineer Depies indicated that all sidewalks with defects were marked. Sidewalks that do not cause tripping will be reviewed again and will probably not be replaced at this time. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN URBAN TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

B. Resolution 2001-16 (Ordering The Reconstruction Of Sidewalks In Certain Areas Of The City)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE RESOLUTION 2001-16. Motion carried unanimously.

C. Termination Of Temporary Public Road Easement For Aurora Medical Group-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN JUSHKA TO APPROVE THE TERMINATION OF TEMPORARY PUBLIC ROAD EASEMENT FOR AURORA MEDICAL GROUP. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Jushka-would like maps (legal description) with Council packets to help out with certain agenda items. Alderman Hudson-noticed banners on apartment roof south east of Highway LL on Highway 33. They look tacky. Alderman Babcock-Also noticed appearance of these banners.

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN JUSHKA TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (g) to confer with legal counsel who is rendering oral or written advice regarding litigation the City is involved with Mr. Scott Heatwole and Aero Painting, Inc. ROLL CALL: Urban-aye; Matthews-aye; Babcock-aye; Hudson-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously. Open session adjourned at 10:24 p.m.

Reconvene Into Open Session-The Council reconvened into Open Session at 10:56 p.m.

Litigation With Mr. Scott Heatwole-MOTION BY ALDERMAN URBAN, SECOND BY ALDERMAN HUDSON TO NOT PURSUE FURTHER LITIGATION WITH MR. SCOTT HEATWOLE. Motion carried unanimously.

MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN JUSKHA TO AJOURN THE MEETING OF THE CITY COUNCIL AT 11:00 P.M. Motion carried unanimously.

Table of Contents

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen John Urban, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Engineer Tony Depies, City Attorney Eric Eberhardt, Director of Planning & Development Randy Tetzlaff and City Administrator Mark Grams. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meeting-April 17, 2001

B. Consider Operator’s License Applications-Sylvia M. Hayostek and Dawn M. Thielke

C. Consider Temporary Class "B" Retailer’s Picnic Licenses-St. Peter’s Mens Club/July 21, 2001 (Fish Day) and Port Washington/Saukville Jaycees/July 21, 2001 (Fish Day)

D. Consider Temporary Bartenders License Applications-St. Peter’s Mens Club-William H. Adams, William J. McAuliff, Randy R. Weyker and Randall A. Lanser; Port Washington/Saukville Jaycees-John R. Brunnquell, Debra J. Pawling, Tracey A. Paape and Richard S. Birdsall

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE CONSENT AGENDA. Motion carried unanimously.

A. Appointment to CDA and Student Representative on Park & Recreation Board-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO CONFIRM THE CITIZEN APPOINTMENT OF MR. MIKE HAGGENJOS TO THE COMMUNITY DEVELOPMENT AUTHORITY. Motion carried unanimously. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO CONFIRM THE STUDENT APPOINTMENT OF MR. MATT ANDRIS TO THE PARK AND RECREATION BOARD. Motion carried unanimously.

B. Mayor Gottlieb mentioned that there is still a vacancy on the Board of Review and would welcome any suggestions.

A. Draft of 2000 City Annual Report-City Administrator Mark Grams reported that the only item missing from the report is the financial information that will be attached to the Treasurer’s report. The final copy of the report will include a Table of Contents and page numbers and will be available at the Library and Senior Center.

B. City Engineer Depies reported that the sidewalks have been marked for the Sidewalk Replacement Program. There will be a public hearing on this program at the next Council Meeting. Alderman Jushka asked for a status report on the Highway 32 Project. City Engineer Depies said that the final plan has been turned over to the State and the bid letting date is set for June 12^th.

PUBLIC COMMENTS/APPEARANCES-There was none.

A. Finance & License Committee

1. Deny Claim of Ms. Debbie Krebs-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN JUSHKA TO DENY THE CLAIM OF MS. DEBBIE KREBS BASED ON THE CITY’S INSURANCE COMPANY’S RECOMMENDATION. Motion carried unanimously.

2. Review 2001 State Urban Mass Transit Operating Assistance Contract for the Shared Ride Taxi Program-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN HUDSON TO APPROVE THE 2001 STATE URBAN MASS TRANSIT OPERATING ASSISTANCE CONTRACT FOR THE SHARED RIDE TAXI PROGRAM. Motion carried unanimously.

3. Review 2001 Federal Section 5311 Operating Assistance Contract for Shared Ride Taxi Program-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE 2001 FEDERAL SECTION 5311 OPERATING ASSISTANCE CONTRACT FOR THE SHARED RIDE TAXI PROGRAM. Motion carried unanimously.

4. Approve Bid to Purchase New Handicapped Accessible Van for Shared Ride Taxi Program-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE BID OF KAYSER FORD FOR THE HANDICAPPED ACCESSIBLE VAN FOR THE SHARED RIDE TAXI PROGRAM.

5. Approve Additional Deferred Compensation Providers-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN JUSHKA TO APPROVE ICMA RETIREMENT CORP., EDWARD D. JONES AND DONAHUE SECURITIES AS ADDITIONAL DEFERRED COMPENSATION PROVIDERS. Motion carried unanimously.

A. Plan Commission

1. Consider Quit Claim Deed (Sale of City Property) to Higher Ground, LLC-Tabled

2. Consider Easement Agreement With Higher Ground, LLC-Tabled

3. Consider Right of First Refusal From Higher Ground, LLC-Tabled

4. Final Plat Approval for Port Gardens Condominiums-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO APPROVE THE FINAL PLAT FOR PORT GARDENS CONDOMINIUMS WITH THE ADDITIONAL LANGUAGE OF ADDING A 30’ LANDSCAPE BUFFER AS REQUIRED BY THE ZONING CODE AND TO TAKE OFF THE PROPOSED BUILDING ELEVATIONS OF 100 FEET AND REPLACE IT WITH 87 AND 85 FEET. Motion carried unanimously.

5. Consider Quit Claim Deed Between the City and Higher Ground LLC-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN BABCOCK TO APPROVE THE QUIT CLAIM DEED BETWEEN THE CITY AND HIGHER GROUND, LLC. Motion carried unanimously.

A. Ordinance 2001-13 (Ordinance Prohibiting Gambling And Related Practices And Providing Forfeitures And Seizure Of Gambling Machines) 2^nd Reading-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2001-13. Motion carried unanimously.

A. Consider Change Order No. 3 For Engineering Services For The Highway 32 (S. Spring St.) Project-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE CHANGE ORDER NO. 3 FOR ENGINEERING SERVICES FOR THE HIGHWAY 32 (S. SPRING ST.) PROJECT.

OTHER MATTERS AS ALLOWED BY LAW-None

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (c) (g) to consider employee compensation and confer with legal counsel who is rendering oral or written advice regarding litigation the City is involved in with Mr. Scott Heatwole and the Town of Port Washington. ROLL CALL: Alderman Urban-aye; Alderman Matthews-aye; Alderman Schwanz-aye; Alderman Babcock-aye; Alderman Hudson-aye; Alderman Jushka-aye and Alderman Leicht-aye. Motion carried unanimously. Open session adjourned at 8:00 p.m.

Reconvene Into Open Session-The Council reconvened into open session at 9:40 p.m.

Consider Duty Disability Claim-Motion was made by Alderman Hudson, second by Alderman Jushka to proceed with submitting the duty disability claim with no recommendation by the City at this point in time. Motion was carried unanimously.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN URBAN TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 9:42 P.M. Motion carried unanimously.

Table of Contents

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen John Urban, Harold Matthews, Armin Schwanz, Burt Babcock, Paul Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Engineer Tony Depies, City Attorney Eric Eberhardt, Director of Planning & Development Randy Tetzlaff and City Administrator Mark Grams. The Pledge of Allegiance to the Flag was recited.

The City Administrator administered the Oath of Office to the newly elected officials in the 1^st and 5^th Aldermanic Districts and the incumbents in the 3^rd and 7^th Aldermanic Districts.

A. Approve Minutes of Previous Meeting-April 4, 2001

B. Consider Operator’s License Applications-Linda M. O’Connell, James P. Fortunato, Daniel J. Schneider and Jennifer L. Mendolia

C. Consider Temporary Class "B" Retailer’s Picnic Licenses-Port Washington Yacht Club/July 21, 2001/FishDay

D. Consider Temporary Bartenders License Applications-Port Washington Yacht Club-Jean E. Gruen, Robert L. Nellis, Gerald A. Gruen, Jr., Virginia R. Lee and John G. Quandt

E. Consider Cabaret License-Port Washington Lions Club/August 3, 2001 to August 5, 2001/Kiwanis Pavilion/Fish Derby

MOTION WAS MADE BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE CONSENT AGENDA WITH MODIFICATIONS TO THE APRIL 4^TH MINUTES, UNDER "UNFINISHED BUSINESS" B., ORDINANCE 2001-6, TO SHOW THAT HARBORSIDE MOTOR INN WAS INCLUDED WITHIN THE OB-4 DISTRICT. Motion carried unanimously.

A. Mayor Gottlieb extended sincere congratulations to the new Aldermen and returning Aldermen and is looking forward to working with them in the 2001-2002 year.

B. Mayor Gottlieb referred to his memo regarding Aldermanic and citizen appointments. He indicated that the list should include Mr. Tom Veale to be reappointed to the Board of Public Works, which was inadvertently omitted. Also, he is requesting that two staff appointments be confirmed by the Council as required by ordinance. They are Eric E. Eberhardt as City Attorney and Mary L. Bley as City Treasurer. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO APPROVE THE 2001-2002 COMMITTEE APPOINTMENTS. Motion carried unanimously.

C. Arbor Day Proclamation-Mayor Gottlieb moved this item up from 11. A. New Business and declared April 27, 2001 as Arbor Day in the City of Port Washington.

A. Election Of City Council President-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN JUSHKA TO NOMINATE ALDERMAN SCHWANZ AS COUNCIL PRESIDENT. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO NOMINATE ALDERMAN LEICHT AS COUNCIL PRESIDENT. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN MATTHEWS TO CLOSE THE NOMINATIONS. Motion carried unanimously. A secret ballot was taken. Vote 6-1. Alderman Schwanz is elected as Council President.

B. Approve Official City Newspaper-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN URBAN TO DESIGNATE THE OZAUKEE PRESS AS THE OFFICIAL CITY NEWSPAPER. Motion carried unanimously.

C. Designate Ozaukee Bank, Port Washington State Bank, M & I Bank, Associated Bank And West Bend Savings & Loan As Official City Depositories-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO DESIGNATE OZAUKEE BANK, PORT WASHINGTON STATE BANK, M & I BANK, ASSOCIATED BANK AND WEST BEND SAVINGS & LOAN AS OFFICIAL CITY DEPOSITORIES OF CITY FUNDS. Motion carried unanimously.

D. League Of Wisconsin Municipalities Meetings-City Administrator Grams reported that the League of Wisconsin Municipalities will hold a workshop for new officials and regional meetings.

PUBLIC COMMENTS/APPEARANCES-There was none.

1. Approve Change Order No. 1 For Lift Station No. 2 Project-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO APPROVE CHANGE ORDER NO. 1 FOR LIFT STATION NO. 2 PROJECT FROM GUENTHER-WAGNER IN THE AMOUNT OF $2,578. Motion carried unanimously.

1. Consider Extension Of Park Hours For Lionsfest-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE EXTENSION OF HOURS AT THE KIWANIS PAVILION AUGUST 3^RD AND 4^TH FROM 9:00 P.M. TO 11:30 P.M.FOR LIONSFEST. Motion carried unanimously.

A. Arbor Day Proclamation-Acted on previously.

B. Amend Contract With JJR For Upper Lake Park Bluff Study-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO AMEND THE CONTRACT WITH JJR FOR ADDITIONAL SERVICES TO PROVIDE FOR AN UPDATE TO TOPOGRAPHIC BASE MAPPING IN THE AMOUNT OF $13,800. Vote taken. 5-ayes, 2 nays (Aldermen Matthews, Babcock) Motion carried.

Alderman Urban-Thanked residents of his district for voting for him; is looking forward to serving them. Also thanked City Council, Mayor and staff for welcoming him. Asked City Engineer Depies about patching Parknoll Lane near Highway LL. City Engineer reported he has had conversations with the contractor and they are waiting for final materials. Alderman Matthews-Welcomed Aldermen Urban and Hudson and wished them luck. Alderman Schwanz-Thanked Council for voting him as Council President. Also welcomed new aldermen and new member of staff, Randy Tetzlaff. Alderman Babcock-Received complaints about people walking dogs and not picking up after them. Should put a reminder in City newsletter. Alderman Hudson-Thanked citizens in 5^th District for allowing him to serve for the next 2 years. Thanked Fire Department for sandbagging efforts at Larabee and Crocker during a recent rainstorm. Alderman Leicht-Thanked his constituents for voting for him; welcomed new aldermen. Congratulations to Alderman Schwanz for being elected as Council President and to Randy Tetzlaff, the new Director of Planning & Development.

Mayor Gottlieb reported that the Library Board has selected Mr. David Nimmer as the new Library Director. He has accepted the position and will start on May 21^st.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:26 P.M. Motion carried unanimously.

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Paul Tutas, Pete Jushka and Karl Leicht. Also present: City Engineer Tony Depies, City Attorney Eric Eberhardt and City Administrator Mark Grams. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meetings-March 20,2001, April 3, 2001

B. Consider Operator’s License Applications-Rebecca T. Biedenbender, Elizabeth A. Mammen and Barbara C.Koepke

C. Consider Temporary Class "B" Retailer’s Picnic Licenses-Port Washington Lions Club/August 3, 2001-August 5, 2001/Port Washington Marina (Fish Derby)

D. Consider Temporary Bartenders License Applications-Port Washington Lions Club-Melvin L. Birkholz, Ralph A. Schmit, Carl W. Wegner, III, Gerald F. Bley, David G. Mueller, James E. Greisch, Patrick T. Poole, Lloyd P. Morgan, and Daniel P. Becker

MOTION WAS MADE BY ALDERMAN BABCOCK, SECOND BY ALDERMAN TUTAS TO APPROVE THE CONSENT AGENDA. Motion carried unanimously.

A. Congratulations to Aldermen Schwanz and Leicht on their re-election; also to the new Aldermen Hudson and Urban, and extend appreciation to Aldermen Tutas and Voigt for their years of service to the community.

B. Mayor Gottlieb asked the new aldermen and incumbents to give consideration for changes to committee assignments. The Mayor will get this information finalized for the next Council Meeting.

A. Resolution 2001-13 (Spring General Election Results)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN VOIGT TO APPROVE RESOLUTION 2001-13. Motion carried unanimously.

Presentation By WEPCO Regarding Conversion Of Port Washington Plant From Coal To Natural Gas-Representatives of Wisconsin Electric began the presentation by providing background information on the existing Port Washington Power Plant and WEPCO’s plans for the conversion of their plant from coal to natural gas. The reason for the conversion from coal to natural gas is because of the concern of the energy supply over the next 10-20 years. It was pointed out that it is more economical to re-build the power plant at its existing site than to move to another area. By using the existing site there would be no disruption of productivity. It would be very costly to move and rebuild at another site. Also, the existing site is more efficient because it has the advantage of the lake.

Illustrations of conceptual renderings of the proposed facility were presented showing a view of the existing plant and what it would look like after renovation. The illustrations also showed green space to the east of the plant where the coal piles are presently located. WEPCO indicated that development of this green space would be worked out with the City.

Mayor Gottlieb reviewed the financial aspect of the proposed conversion at its present site in regards to water usage and shared revenue. He indicated that there would be a significant financial impact to the City if this project were approved.

Alderman Matthews-asked if the plant would convert back to coal if we would run out of gas. WEPCO indicated no. The plant would be able to run on natural gas and/or fuel oil. Alderman Babcock-we are fortunate to have WEPCO in our community. He asked if WEPCO would be able to contain the sound during the construction period. Also would the new natural gas plant consume as much water? Are alternate sites considered? WEPCO indicated that there aren’t many sites available that could handle the size of a plant of this kind. Alderman Jushka asked about the amount of emissions of the new plant. WEPCO indicated that the new plant would be 50% more efficient. Mayor Gottlieb asked about relocation. What additional costs would be needed to build on another site? WEPCO said it would be very expensive to build on another site. City Engineer Depies asked about the power for future programs-what if Oak Creek is not approved? WEPCO is proposing this project as a total plan.

Mr. Tom Hudson, 822 W. Grand Ave.-asked about the cubic foot consumption in Port Washington. Mr. Paul Schueller, 1372 Spinnaker Dr.-asked about contingency of approval of the Oak Creek plant. WEPCO indicated their plan is to retire the coal plant in Port Washington, obtain initial approval from the PSC to build a new natural gas plant and then work through the rest of the program. John Dobbs, developer-asked if the green space east of the proposed plant was going to be developed as public space? WEPCO indicated that development of the green space would be worked out with the City. There are no specific plans at this time. Mr. Tom Hudson, 822 W. Grand Ave.-asked about ownership of WEPCO’s property-Because of air quality and permitting regulations, WEPCO would remain as title to the land. It is important to retain a boundary for the proposed plant.

A. Finance and License Committee

1. Resolution 2001-14 (Carryover of Funds)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2001-14. Motion carried unanimously.

2. Resolution 2001-15 (Approve Change of Ownership of Century Venture Corporation (Cable TV))-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2001-15. Motion carried unanimously.

A. Personnel Committee

1. Review Benchmarks for Department Heads-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE BENCHMARKS FOR DEPARTMENT HEADS AS PRESENTED. Motion carried unanimously.

2. Consider Salary Grade Change for Library Director Position-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN JUSHKA TO APPROVE THE SALARY GRADE CHANGE OF SALARY GRADE 6 TO SALARY GRADE 7 FOR THE LIBRARY DIRECTOR POSITION WITH A SALARY RANGE OF $44,548 to $56,373. Motion carried unanimously.

B. Plan Commission

1. Ordinance 2001-12 (Rezoning of Lots in Lake Ridge Subdivision Addition No. 1) 1^st Reading-There were no comments.

2. Final Plat Approval of Lake Ridge Subdivision Addition No. 1-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN TUTAS TO APPROVE THE FINAL PLAT OF LAKE RIDGE SUBDIVISION ADDITION NO. 1 UPON EXECUTION OF THE DEVELOPER’S AGREEMENT. Motion carried unanimously.

A. Ordinance 2001-7(Amend Chapter 20.30.050 of the City’s Municipal Code Regarding Responsibilities of the Design Review Board) 2^nd Reading-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2001-7. Motion carried unanimously.

B. Ordinance 2001-6 (Consider Changes to the City’s Zoning Map Reducing the Area Zoned OB-4 Overlay District (85 Foot High Buildings) in the Downtown Area and Creating a Second Overlay District Encompassing Existing Buildings Taller Than 35 Feet) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2001-6. Motion carried. 6 ayes, 1 nay (Babcock)

A. Assessor’s Plat for the Lake Ridge Subdivision-City Engineer Depies reported that several surveying errors were found on the Assessor’s Plat for the Lake Ridge Subdivision. Plat corrections have been made and the developer had agreed to handle the expenses associated with the Assessor’s Plat. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN BABCOCK TO ORDER THE PREPARATION OF AN ASSESSOR’S PLAT FOR LAKE RIDGE SUBDIVISION. Motion carried unanimously.

B. Consider Two Resolutions Adopted by the Mid-Moraine Municipal Association Legislative Committee:

1. Resolution No. 01-005 (Request Prompt Action on the Confirmation Hearings and Vote on Margaret Farrow for Lieutenant Governor of the State of Wisconsin-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION NO. 01-005. Motion carried unanimously.

2. Resolution No. 01-006 (Regarding Low Speed Vehicles Referencing Assembly Bill 58 and Senate Bill 29)-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN TUTAS TO APPROVE RESOLUTION NO. 01-006. Motion carried unanimously.

Alderman Voigt-thanked the Council and his constituents in the 1^st Aldermanic District for allowing him to serve the City; also wished the new Aldermen the best. Alderman Matthews-welcome new Aldermen; looking forward to working with them. Alderman Schwanz-thanked his constituents for their vote; welcome to new members of the Council; thanked the Aldermen leaving for all their work. Alderman Babock-echoed the comments of the other Aldermen; thanked Aldermen Voigt and Tutas for their work and welcomed new members. Alderman Tutas-thanked everyone for being able to serve the last 6-7 years. Alderman Jushka-wished Aldermen Voigt and Tutas the best; welcomed new Aldermen. Alderman Leicht-will miss Aldermen Voigt and Tutas; welcomed new Aldermen. Thanked constituents for voting for him.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMEN JUSHKA TO GO INTO CLOSED SESSION according to Wisconsin State Statute 19.85 (1) (g) to confer with legal counsel regarding litigation in which the City is likely to become involved with the Town of Port Washington. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Tutas-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously. Open meeting adjourned at 8:55 p.m.

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A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Paul Tutas, Pete Jushka and Karl Leicht. Also present: City Engineer Tony Depies, City Attorney Eric Eberhardt and City Administrator Mark Grams. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meetings-March 6, 2001 and March 14,2001

B. Consider Operator’s License Applications-Barbara J. Carroll, Marie C. Arthur, Christopher L. Micale, and David F. Peltonen

C. Consider Combination Class "A" License For Schneider Foods (Sentry Foods)-Schneider Foods, Inc. (Daniel J. Schneider) Sentry Foods #101, 101 W. Seven Hills Rd., April 1, 2001 to June 30, 2001

D. Consider Class "B" Beer License For Jimmy’s Pizza-Flag Pizza, Inc. (James Fortunato) Jimmy’s Pizza, 201 N. Franklin St., April 1, 2001 to June 30, 2001

E. Consider Class "C" Wine License For Jimmy’s Pizza-Flag Pizza, Inc. (James Fortunato) Jimmy’s Pizza, 201 N. Franklin St., April 1, 2001 to June 30, 2001

F. Consider Temporary Class "B" Retailer’s Picnic Licenses-VFW Post #7588, July 21, 2001 (Fish Day), and Port Washington Lion’s Club, July 21, 2001 (Fish Day)

G. Consider Temporary Bartenders License Applications-VFW Post #7588/Dennis J. Ansay, Earl R. Farmer, William C. Bley, and Robert E. Larson; Port Washington Lion’s Club/Richard F. Plier, Daniel P. Becker, Richard A. Bichler, James P. Riddle, James W. Braby, Carl W. Wegner, III, Patrick T. Poole, and Michael J. Husting

MOTION WAS MADE BY ALDERMAN JUSHKA, SECOND BY ALDERMAN TUTAS TO APPROVE THE CONSENT AGENDA. Motion carried unanimously.

A. Mayor Gottlieb reported on the resignations of Brad Hoeft and Randy Tetzlaff from the Community Development Authority and welcomed any suggestions for possible appointments.

A. City Administrator Mark Grams reported on the next Mid-Moraine Dinner Meeting scheduled for Wednesday, March 28^th at West Bend Lakes hosted by the Village of Newburg.

B. City Administrator Mark Grams reported that the City was notified last week by Coastal Management that the grant submitted for restoration of the Light Station is recommended for funding in the amount of $24,512.

C. City Hall Renovation-City Engineer Depies and City Administrator Grams met with architects and various consultants to go over the renovation plans for City Hall and the project schedule.

D. City Engineer Depies attended a Utility and Construction Plan Review with the DOT in Waukesha regarding the cross-section design of State Hwy. 32. They are in the process of altering plans for the sidewalk design for this project.

PUBLIC COMMENTS/APPEARANCES-None

1. Resolution 2001-10 (Transfer of Funds From Open Spaces Account)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2001-10. Motion carried unanimously.

2. Resolution 2001-11 (Adjust 2000 Library System Budget)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN SCHWANZ TO APPROVE RESOLUTION 2001-11. Motion carried unanimously.

3. Consider Selling Temporary Limited Easement To Wisconsin DOT For Highway 32 Project-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO APPROVE SELLING A TEMPORARY LIMITED EASEMENT TO THE WISCONSIN DOT FOR THE HIGHWAY 32 PROJECT. Motion carried unanimously.

4. Funding Street Department Garage Improvements-Alderman Voigt reported that two emergency situations have arisen at the City garage where repairs are necessary. One repair is to the roof and the other is to an air exhaust system. There are no monies budgeted for the repairs at the Street Department garage. The funding for these repairs would need to come from the Undesignated Fund Balance or wait until the end of the year to see what excess Capital Funds are available. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN MATTHEWS TO APPROVE FUNDING STREET DEPARTMENT GARAGE IMPROVEMENTS. Motion carried unanimously.

B. Youth Sports Complex Design Committee

1. Consider Hiring Rettler Corp. For Design Of Park And Recreational Facility Along Highway 33 (City Owned Property)-Park & Recreation Director Jay Jansen gave a report to the Council regarding plans for the design of a Park and Recreational Facility along Highway 33. Jay Jansen indicated that the Youth Sports Complex Design Committee is recommending hiring Rettler Corporation to develop a Master Plan and construction plans for a Youth Sports Complex. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN BABCOCK TO APPROVE HIRING RETTLER CORPORTION TO DEVELOP A MASTER PLAN AND PREPARE CONSTRUCTION DOCUMENTS FOR A YOUTH SPORTS COMPLEX FACILITY ALONG HIGHWAY 33 AT A COST OF $30,000. Motion carried unanimously.

A. Board of Public Works

1. Replacement of Two Roof Sections At Street Department Garage-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN TUTAS TO APPROVE HIRING J. T. ROOFING TO REPAIR TWO ROOF SECTIONS AT THE STREET DEPARTMENT GARAGE AT A COST OF $8,374.00. Motion carried unanimously.

2. Consider Proposal For Air Exhaust Requirements At Street Department Garage-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE HIRING J & H HEATING FOR $9,710 TO PROVIDE AIR EXHAUST AND DETECTION UNITS AT THE STREET DEPARTMENT GARAGE TO COMPLY WITH STATE REQUIREMENTS. Motion carried unanimously.

3. Consider Awarding Bid For The Recoating Of The WWTP And Water Filtration Plant-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO AWARD THE BID FOR RECOATING OF WWTP AND WATER FILTRATION PLANT TO MILL COATINGS, INC. IN THE AMOUNT OF $175,594.00. Motion carried unanimously.

4. Resolution 2001-12 (Compliance Maintenance Annual Report For Wastewater Utility)-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN VOIGT TO ACCEPT THE COMPLIANCE MAINTENANCE ANNUAL REPORT FOR THE WASTEWATER UTILITY. Motion carried unanimously.

B. Plan Commission

1. Mayor Gottlieb declared the Public Hearing open to consider changes to the City’s Zoning Map reducing the area zoned OB-4 Overlay District (85 Foot High Buildings) in the Downtown area and creating a second overlay district encompassing existing buildings taller than 35 feet. Mr. John Weinrich, owner, NewPort Shores, asked about property values and if the proposed changes to the City’s zoning map regarding 85 foot high buildings would affect those property values. Mayor Gottlieb said that property values are based on market values. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN JUSHKA TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Mayor Gottlieb declared the Public Hearing open amending the City’s Municipal Code regarding responsibilities of the Design Review Board-There were no comments. MOTION BY ALDERMAN TUTAS, SECOND BY ALDERMAN VOIGT TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

3. Ordinance 2001-6 (Consider Changes To The City’s Zoning Map Reducing The area Zoned OB-4 Overlay District (85 Foot High Buildings) In The Downtown Area And Creating A Second Overlay District Encompassing Existing Buildings Taller Than 35 Feet) 1^st Reading-City Attorney Eric Eberhardt reviewed the changes to the proposed Ordinance 2001-6. On the bottom of the first page, last sentence, the word should be permitted instead of constructed. On the second page, Section 3, the downtown area boundaries are described as the former OB-4 District and B-4 District. Mayor Gottlieb indicated that a final version of this ordinance would come back with the second reading on April 4^th.

4. Ordinance 2001-7 (Amend Chapter 20.30.050 Of The City’s Municipal Code Regarding Responsibilities Of The Design Review Board) 1^st Reading-Mayor Gottlieb indicated that this ordinance would give the Design Review Board added responsibilities such as reviewing conditional use grants.

5. Ordinance 2001-8 (Annexation Of City Owned Property North Of Highway 33) 1^st Reading

6. Ordinance 2001-9 (Annexation Of City Owned Property South Of Highway 33) 1^st Reading

7. Ordinance 2001-10 (Annexation Of Property Owned By V. K. Development Corp., V. K. Homes, Inc. And Riverways Properties, LLC) 1^st Reading

8. Ordinance 2001-11 (Annexation Of Property Owned By Evelyn Melichar Of N. Spring St.) 1^st Reading

 

These four ordinances represent the annexations of the City owned properties along Highway 33,formerly the Schanen properties, annexation of the properties owned by V. K. Development Corp., V. K. Homes and Riverways Properties, south of our Industrial Park along Maritime Dr., and the annexation of the property owned by Evelyn Melichar on N. Spring St. across from the Simplicity property.

9. Sale Of City Property At Jackson & Franklin Streets-Mayor Gottlieb reviewed the Plan Commission’s recommendations for the City to sell land at Jackson & Franklin Streets for a sale price of $6,650 to the developer of the property, Higher Ground, LLC, to develop a condominium project. The recommendation of the Plan Commission is that the City sell the land to the developer, Higher Ground, LLC, for the purpose of providing the required 6 ft. zoning setback for the 2-unit development on the northeast corner of the development. The recommended conditions of sale would include a cross maintenance agreement between the City and the developer that says that the developer cannot do anything in the 6 ft. strip except maintain the area in its natural state. Any removal of plantings around the foundation of the building would have to be approved by the City, and a tree survey would have to be done.

MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN LEICHT TO APPROVE THE SALE OF CITY PROPERTY AT JACKSON AND FRANKLIN STREETS TO THE DEVELOPER HIGHER GROUND, LLC, WITH THE CONDITIONS MENTIONED ABOVE AND WITH A STIPULATION THAT THE LAND CAN REVERT BACK TO THE CITY IF IT IS NOT USED FOR THIS SPECIFIC PROJECT. A discussion followed. The City Attorney recommended that a time frame be added to the approval. MOTION AMENDED BY ALDERMAN LEICHT, SECOND BY ALDERMAN VOIGT THAT THE DEVELOPER OBTAIN A BUILDING PERMIT AND START CONSTRUCTION WITHIN TWO YEARS. Vote on amendment 6-1 (No-Schwanz). Motion carried. Vote on original motion with the conditions as indicated above. 6-1 (No-Schwanz) Motion carried.

A. Ordinance 2001-5 (Amend Chapter 10.15.050 Of The Municipal Code Regarding Summer Sewer Credit For Wastewater Rates) 2^nd Reading-MOTION BY ALDERMAN TUTAS, SECOND BY ALDERMAN VOIGT TO APPROVE ORDINANCE 2001-5 WITH THE GRAMMATICAL CORRECTIONS AS INDICATED BY THE CITY ATTORNEY. Motion carried unanimously.

A. Consider Bids For Water Treatment Plant Sedimentation Basin Access Cover Modifications-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO AWARD THE BID FOR THE WATER TREATMENT PLANT SEDIMENTATION BASIN ACCESS COVER TO BURKEL CONSTRUCTION FOR $14,600.00. Motion carried unanimously.

Alderman Tutas-people drag race by the roadway near the WWTP; a fire hydrant was down in that area. Alderman Babcock-has concerns about the vibration by the lift station construction. City Engineer Depies indicated that this vibration can be felt throughout the downtown area. A firm has been hired to test the vibration to be sure we aren’t exceeding the vibration limits allowed during construction.

Park and Recreation Jay Jansen thanked Alderman Tutas for his service and work on the Park and Recreation Board.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN VOIGT TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:38 p.m. Motion carried unanimously.

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SPECIAL CITY COUNCIL MEETING

March 14, 2001

1.      Roll Call was taken.  Absent and excused were Aldermen Burt Babcock and Armin Schwanz.

2. Approve Hiring Director of Inspections-MOTION WAS MADE BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN VOIGT TO APPROVE HIRING MR. DENNIS WIESE FOR THE DIRECTOR OF INSPECTIONS POSITION.  Motion carried unanimously.

3. Adjournment-MOTION WAS MADE BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO ADJOURN THE MEETING OF THE SPECIAL CITY COUNCIL MEETING AT 5:05 P.M.  Motion carried unanimously.

Mark Grams

City Administrator

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A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Paul Tutas, Pete Jushka and Karl Leicht. Also present: City Engineer Tony Depies and City Administrator Mark Grams. Absent & excused was City Attorney Eric Eberhardt. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meeting-February 6, 2001

B. Consider Class "B" License Application and Class "B" Retailer’s Picnic License Application-China Buffet (Zhong Lin) 197 W. Seven Hills Rd./February 1, 2001 to June 30, 2001; St. Peter of Alcantara Congregation/1800 N. Wisconsin St./3/2/01; 3/16/01; 3/30/01 and 9/8/01

C. Consider Original Operator’s License Applications-Laura J. Corgiat

MOTION WAS MADE BY ALDERMAN BABCOCK, SECOND BY ALDERMAN TUTAS TO APPROVE THE CONSENT AGENDA. Motion carried unanimously.

A. Mayor Gottlieb thanked the Chamber of Commerce for inviting him to speak at their monthly meeting about the "State of the City".

B. Mayor Gottlieb congratulated Jay Jansen and his department for receiving the "Daniel L. Flaherty Memorial Award" which recognizes outstanding achievements in Park & Recreation sponsored by the Great Lakes Park Training Institute consisting of six state organizations. The award was for "Rotary Park".

A. Resolution 2001-8 (Spring Primary Election Results)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN SCHWANZ TO APPROVE RESOLUTION 2001-8. Motion carried unanimously.

PUBLIC COMMENTS/APPEARANCES-Don Voigt-434 N. Wisconsin St., passed out a handout, which summarizes how people who own property on Bill Goat Hill feel about the proposed development in that area. Citizens object to the development in terms of size and scope. Property owners want to protect land and trees. Also object to City selling property for this proposed development. Jim Kolocek, 413 N. Wisconsin St.-feels development would totally change the picture of Port Washington; taking away lands people enjoy. Proposed development would stick out like a sore thumb. Concerned about taking down trees. Jim McGinnis, 430 N. Wisconsin St.-New to the area. Against proposed development. Wants to reinforce that this development would take away the quality of life in this area. Mike Tackes, 428 N. Harrison St.-Is concerned about taking trees down that are over 100 years old.

Mayor Gottlieb indicated that for procedural reasons, Item 8.A.3. will be discussed next.

A. Board of Public Works

3. Approve Utility, Street Lighting and Landscape Improvements for S. Spring St. Project-City Engineer Tony Depies reviewed with the Council the decorative lighting fixtures that were recommended by the Plan Commission. Alderman Jushka feels that the "Gateway to the City" should be well lighted to make people feel welcome. A discussion followed. City Administrator Grams summarized the recommendations made by the Plan Commission regarding decorative street lighting and cost of the project. In regards to overhead wiring, Items 1 & 2 (orange and yellow) were recommended, eliminating the crossings on S. Spring St. and removing overhead wires in the areas between Sunset Rd. and Port View Dr. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN BABOCK TO APPROVE PROJECTS #1 AND #2 BY MOVING THE OVERHEAD LINES UNDERGROUND AND TO APPROVE THE HIGH PRESSURE SODIUM LIGHTING, ITEM #2, AS RECOMMENDED BY THE PLAN COMMISSION AND DESCRIBED BY THE CITY ENGINEER. Motion carried unanimously.

A. Finance and License Committee

1. Resolution 2001-5 (Authorize the Issuance and Sale of $3,575,000 Bond Anticipation Notes Pursuant to Section 67.12 (1)(b) of Wisconsin Statutes)-Mr. Ray Osness of Griffin, Kubik was present to review the borrowing. Based on the Council’s action, the proposed resolution has to be amended to change the borrowed amount as stated in the resolution from $3,575,000 to $4,035,000 in four places and also four places in the Ban Purchase Agreement. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN SCHWANZ TO APPROVE RESOLUTION 2001-5 AS AMENDED. Motion carried unanimously.

2. Resolution 2001-6 (Authorize the Issuance and Sale of $485,000 Taxable Bond Anticipation Notes Pursuant to Section 67.12 (1)(b) of Wisconsin Statutes)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN TUTAS TO APPROVE RESOLUTION 2001-6. Motion carried unanimously.

3. Resolution 2001-7 (Carryover of Funds)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2001-7. Motion carried unanimously.

4. Consider Agreement With HCN (Health Care Network of Wisconsin)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN BABCOCK TO APPROVE THE AGREEMENT WITH HCN (HEALTH CARE NETWORK OF WISCONSIN. Motion carried unanimously.

5. Consider Proposal from JJR for the Upper Lake Park Bluff Erosion Study-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE PROPOSAL FROM JJR FOR THE UPPER LAKE PARK BLUFF EROSION STUDY. Motion carried unanimously.

6. Resolution 2001-9 (Preliminary Resolution Declaring Intent to Levy Special Assessments Under Municipal Police Powers Pursuant to Wisconsin State Statute 66.60 for the S. Spring St. Reconstruction Project)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN JUSHKA TO APPROVE RESOLUTION 2001-9. Motion carried unanimously.

7. Recommend Accepting Proposals for Employee Deferred Compensation Program-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO RECOMMEND THAT THE CITY SOLICIT PROPOSALS FROM OTHER COMPANIES FOR THE EMPLOYEE DEFERRED COMPENSATION PROGRAM. Motion carried unanimously.

B. Strategic Planning Committee

1. Review Strategic Plan Committee Report-City Administrator Grams reviewed the two Action Plans developed by the City Strategic Plan Committee. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO ACCEPT THE TWO ACTION PLANS AS DEVELOPED BY THE CITY’S STRATEGIC PLAN COMMITTEE. Motion carried unanimously.

A. Board of Public Works

1. Approve Request for Fundraiser for Lighthouse Station/Historical Society-Mr. Pat Wilborn, representing the Historical Society, appeared before the Council to request permission to sell steps as a fundraiser from Jackson St. up to the Light Station. Donors would purchase the step through the Historical Society to benefit the Light Station. Their proposal would be to mount aluminum signs under the tread of the stairs with the name of the donor. Maintenance of these aluminum signs would be maintained by the Historical Society. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE SELLING STEPS FROM JACKSON ST. UP TO THE LIGHTHOUSE STATION AS A FUNDRAISER. Motion carried unanimously.

2. Approve State Highway 32 (N. Wisconsin St. & N. Franklin St.) Project Agreement With State DOT-Mayor Gottlieb pointed out that the City Engineer is requesting authorization to negotiate the State Highway 32 Project Agreement with the DOT (N. Wisconsin St. & N. Franklin St.). City Engineer Depies indicated that there are possible changes in the agreement concerning other funding sources and other items that need to be addressed. No formal action needs to be taken on this item.

3. This item was addressed earlier in the meeting.

4. Consider Engineering Proposal For Utility Improvements on S. Spring Street-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN BABCOCK TO APPROVE THE ENGINEERING PROPOSAL WITH R. A. SMITH & ASSOCIATES TO PREPARE PLANS FOR THE SEWER AND WATER UTILITY IMPROVEMENTS ON S. SPRING STREET. Motion carried unanimously.

5. Consider Street Lighting Proposal For Mineral Springs Drive and S. Park Street-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE STREET LIGHTING PROPOSAL FOR MINERAL SPRINGS DRIVE AND S. PARK STREET. Motion carried unanimously.

6. Consider Agreement With Union Pacific Railroad For Construction Of Maritime Drive Railroad Crossing-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE AGREEMENT WITH UNION PACIFIC RAILROAD FOR CONSTRUCTION OF MARITIME DRIVE RAILROAD CROSSING SUBJECT TO THE CONDITIONS SPECIFIED BY THE CITY ATTORNEY. Motion carried unanimously.

7. Consider Proposal For Site Specific Safety Compliance Program-Alderman Matthews asked why the City has to contract out for work on Site Specific Safety Compliance Programs. He feels department heads should train personnel to do this. Mayor Gottlieb indicated that this is an order from the Wisconsin Department of Commerce. Failure to comply could result in fines. Alderman Babcock agrees with Alderman Matthews and said that the City should get a written program for this to develop in-house. City Engineer Depies said that we need to create resource material for our personnel to get ourselves on the right track and Alpha Terra would help us develop these programs. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE THE SITE SPECIFIC SAFETY COMPLIANCE PROGRAM WITH ALPHA TERRA. Vote taken; 5 ayes, 2 nays (Harold Matthews, Burt Babcock) Motion carried.

B. Park & Recreation Board

1. Consider Reciprocity Agreement With Village Of Grafton For Swimming Pool Passes-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE RECIPROCITY AGREEMENT WITH THE VILLAGE OF GRAFTON FOR SWIMMING POOL PASSES. Motion carried unanimously.

A. Ordinance 2001-2 (Rezoning Property at 515 S. Keeney Ave. From I-1 to RM-1) 2^nd Reading-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN TUTAS TO APPROVE ORDINANCE 2001-2. Motion carried unanimously.

B. Ordinance 2001-4 (Amend Plan Review Fees) 2^nd Reading-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN TUTAS TO APPROVE ORDINANCE 2001-4. Motion carried unanimously.

A. Refer To The Plan Commission The Temporary Zoning For Properties That Have Petitioned For Annexation Into The City-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN TUTAS TO REFER TO THE PLAN COMMISSION THE TEMPORARY ZONING FOR PROPERTIES THAT HAVE PETITIONED FOR ANNEXATION INTO THE CITY (CITY OWNED PROPERTIES FORMERLY THE SCHANEN FARM; V.K. HOMES, V.K. DEVELOPMENT & REIVERWAY PROPERTIES; AND MELICHAR PROPERTY). Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Tutas-Street lights are still out on Park & Grand Ave. City Engineer said he notified WEPCO and will follow up on it. Alderman Tutas mentioned that the "For Sale" sign is still up on the Schanen Property. Alderman Tutas also thanked his constituents for voting for him at the Spring Primary Election. Alderman Schwanz-There are still four park benches below the bluff that should be put back on Upper Lake Park.

PUBLIC COMMENTS/APPEARANCES-There was none.

MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO GO INTO CLOSED SESSION ACCORDING TO WISCONSIN STATE STATUTE 19.85 (1) (c) (e) TO CONSIDER APPLICANTS FOR THE POSITION OF DIRECTOR OF INSPECTIONS AND REVIEW APPLICATIONS FOR THE DIRECTOR OF PLANNING & DEVELOPMENT POSITION AND DELIBERATE ON THE SALE OF PUBLIC PROPERTY WHENEVER COMPETITIVE OR BARGAINING REASONS REQUIRE A CLOSED SESSION. Roll Call: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Tutas-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously.

Open meeting adjourned at 9:00 p.m.

Reconvene Into Open Session-The Mayor called the open session to order at 10:04 p.m.

Hire Person For Director Of Inspections Position-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN MATTHEWS TO HIRE DENNIS WIESE FOR THE DIRECTOR OF INSPECTIONS POSITION. Motion carried unanimously.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 10:05 P.M. Motion carried unanimously.

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Paul Tutas, Pete Jushka, and Karl Leicht.Also present: City Engineer Tony Depies, and City Attorney Eric Eberhardt. Absent and excused was Mark Grams, City Administrator. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes Of Previous Meeting-February 21, 2001

B. Approve Operator’s License Applications

C. Approve Civic License Application

MOTION MADE BY ALDERMAN TUTAS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE CONSENT AGENDA. Motion carried unanimously.

There were no items under Mayor’s Business.

A. Update on S. Spring St. Reconstruction Project

Director of Public Works/City Engineer Depies informed the Council that there will be a Public Meeting for the Spring St. property owners on Friday, March 9^th from 3:00-7:00PM and Saturday, March 8^th from 10:00AM to 2:00 PM at the Ozaukee County Highway Dept, 410 S. Spring St. Representatives from the Miesbauer Company have been working to obtain right of way, permanent and temporary limited easements from property owners which will be completed by May 2^nd. DPW Depies informed the Council that he has reduced plans for Spring St. in his office for viewing.

There were no Public Comments/Appearances.

A. Finance And License Committee

1. Ordinance 2001-5 (Amend Chapter 10.15.050 Of The Municipal code Regarding Summer Sewer Credit For Wastewater Rates) 1^st Reading. City Attorney has prepared an ordinance and this item will be brought back to the March 20^th meeting for 2^nd reading.

2. Consider "Class B" Tavern License for PBN, LLC d/b/a Common Ground at 605 W. Grand Avenue. MOTION BY VOIGT, SECOND BY LEICHT TO APPROVE THE CLASS "B" TAVERN LICENSE FOR PBN, LLC d/b/a COMMON GROUND LOCATED AT 605 W. GRAND AVENUE. Motion carried unanimously.

3. Consider Cabaret License for PBN, LLC. MOTION MADE BY VOIGT, SECOND BY TUTAS TO APPROVE THE CABARET LICENSE FOR PBN, LLC d/b/a COMMON GROUND LOCATED AT 605 W. GRAND AVENUE. Motion carried unanimously.

A. Consider Four Resolutions Adopted By The Mid-Moraine Municipal Association Legislative Committee.

1. Resolution #01-001 (Opposition To The Pre-emption Of Local Residency Requirements). MOTION MADE BY MATTHEWS, SECOND BY TUTAS TO APPROVE RESOLUTION #01-001. Motion carried unanimously.

2. Resolution #01-002 (Cooperation With The Kettl Commission Recomemdation Implementation). MOTION MADE BY SCHWANZ, SECOND BY MATTHEWS TO APPROVE RESOLUTION #01-002. Motion carried unanimously.

3. Resolution #01-003 (Support Of The Reinstatement Of The Authority Of Municipal Courts To Suspend Drivers’ Licenses For Non-Traffic Related Offenses). MOTION MADE BY VOIGT, SECOND BY TUTAS TO APPROVE RESOLUTION #01-003. Motion carried unanimously.

4. Resolution #01-004 (Support For Appointment Of The New Lieutenant Governor As The New Liaison Between The State Government And Local Municipalities) MOTION MADE BY TUTAS, SECOND BY JUSKA TO APPROVE RESOLUTION #01-004. Motion carried unanimously.

UNFINISHED BUSINESS – No Items

OTHER MATTERS AS ALLOWED BY LAW-Alderman Matthews stated that he received many complaints about the increase in parking fees in the Municipal Parking lot behind Harry’s Restaurant. He was told this was approved last fall with Bid District and Chamber of Commerce approving the increase. The City does sell parking passes for $15.00/month. Alderman Jushka stated that there still is a problem with potholes by LL & Hwy 33. He was informed that part of Hwy 33 will be paved as part of the City’s Asphalt Overlay Program.

There were no items under Public Comments/Appearances.

MOTION BY LEICHT, SECOND BY TUTAS TO GO INTO CLOSED SESSION ACCORDING TO WISCONSIN STATE STATUTE 19.85 (1) (c) (g) TO CONFER WITH LEGAL COUNSEL WHO IS RENDERING ORAL OR WRITTEN ADVICE CONCERNING STRATEGY TO BE ADOPTED BY THE BODY WITH RESPECT TO LITIGATION WITH THE TOWN OF PORT WASHINGTON AND CONSIDER COMPENSATION AND DISCUSS APPLICATIONS FOR THE DIRECTOR OF PLANNING POSITION AND DIRECTOR OF INSPECTIONS POSITION IN CLOSED SESSION. Roll Call: Voigt-aye; Matthews, aye; Schwanz, aye; Babcock-aye; Tutas-aye; Jushka-aye; and Leicht, aye. Motion carried unanimously.

Open meeting adjourned at 8:00 P.M.

Reconvene Into Open Session-The Mayor called the open session to order at 8:20 P. M.

Consider Salary Grade For The Director of Planning Position-MOTION MADE BY LEICHT, SECOND BY MATTHEWS TO INCREASE THE SALARY GRADE FROM LEVEL 7 TO LEVEL 8 FOR THE POSITION OF DIRECTOR OF PLANNING. Motion carried unanimously.

Amend Annual Leave Policy For New Department Heads Hired By The City-This item was to amend the non-union representative employee policy to allow new employees to bring 10 years of experience for previous government work subject to the discretion of the Common Council. MOTION MADE BY TUTAS, SECOND BY VOIGT TO APPROVE THE ANNUAL LEAVE POLICY FOR NEW DEPARTMENT HEADS HIRED BY THE CITY. Motion carried unanimously.

Hiring Person For Director Of Planning Position-MOVED BY SCHWANZ, SECOND BY MATTHEWS TO APPROVE THE HIRING OF RANDY TETZLAFF FOR THE DIRECTOR OF PLANNING POSITION AT A SALARY OF $53,500. Motion carried unanimously.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN VOIGT TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:30 P.M.

Table of Contents

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Paul Tutas, Pete Jushka and Karl Leicht. Also present: City Engineer Tony Depies, City Administrator Mark Grams, City Attorney Eric Eberhardt and Director of Planning & Development Mary Kay Buratto. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meetings-January 16, 2001; January 23, 2001 and January 30, 2001

B. Consider Operator’s License Applications-Michelle L. Weishaar and Kenneth G. Strupp. The Operator’s License for Chris Paape was denied. Temporary Bartender’s License-Gerald T. Lee.

C. Consider "Class B" Tavern License Application-Lakeview Hospitality, Inc. (Kenneth G. Strupp) Country Inn & Suites (Critics Corner) 350 E. Seven Hills Rd./March 1, 2001 to June 30, 2001.

MOTION WAS MADE BY ALDERMAN TUTAS, SECOND BY ALDERMAN LEICHT TO APPROVE THE CONSENT AGENDA. Motion carried unanimously.

A. Report on Strategic Plan Committee Meeting-Mayor Gottlieb reported that the first meeting of the Strategic Plan Committee was held on January 29^th. The meeting went extremely well. The three issues discussed were 1) Improvements in City services, 2) City growth & Planning and 3) Municipal cooperation/regionalization of services. One member who was on the committee for the past three years commented how pleased they were to see that the recommendations made in previous years were followed up and implemented by the City.

B. Mayor Gottlieb reported that he gave his State of the City Address at an Economic Development Breakfast last week.

C. A groundbreaking ceremony was held on January 29^th for the second phase of Harbor Square Development.

D. There is a meeting of the Ozaukee County Information Network Group scheduled for February 9^th at 7:30 a.m. at the new Cedarburg Town Hall. State Legislators will be in attendance to talk about state issues and there will be a tour of the new Town Hall.

E. Mayor Gottlieb reported he received a letter from the State Forester informing the City that our application has been approved for Tree City USA. Congratulations to the Director of Public Works and all who worked on this project.

F. Mayor Gottlieb reported that he was visited by 7^th graders of Port Catholic School during Catholic School Week recognizing that the City made our community go.

A. Spring Primary Election February 20^th-City Administrator Mark Grams informed the Council that because of the Spring Primary Election to be held on Tuesday, February 10^th, that the next City Council Meeting will be held on February 21^st. There will be a statewide election for State Superintendent of Public Instruction and a race for Alderman in the Fifth District.

B. City Administrator Grams reported that Winterfest will be held this Saturday, February 10^th in the downtown area and Rotary Park sponsored by the BID District.

C. City Engineer Depies gave a report on lift station work on S. Milwaukee Street. He also reported on the status of the Highway 32 Reconstruction Project. He said that the State DOT has hired a consultant and will be holding a series of public meetings in early March, March 9^th and 10^th, for property owners regarding a brief description of the project and land acquisition.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES-None

1. Public Hearing To Rezone Property At 515 S. Keeney Ave. From I-1 Industrial To RM-1-Mayor Gottlieb declared the Public Hearing open at 7:40 p.m. Director of Planning and Development Mary Kay Buratto gave a report indicating that the reason for rezoning the property is that the Fazio family wishes to raze their existing single family home and redevelop the property as duplex condominiums. They are asking for a rezoning to RM-1 to conform to the zoning for the other residential properties in the neighborhood. There were no comments. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN TUTAS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Ordinance 2001-2 (Rezoning Property At 515 S. Keeney Ave. From I-1 To RM-1) 1^st Reading This ordinance will come back to the Council on February 21^st.

3. Public Hearing To Rezone Property On W. Jefferson St., West Of 839 N. Wisconsin St. From RS-4 To RS-5. Mayor Gottlieb declared the Public Hearing open at 7:48 p.m.

Joel Greisch, 831-833 N. Wisconsin St.-Duplex would not add anything to the neighborhood; a duplex should not be on that street;

Mark Gibes, 922 N. Benjamin St.-Opposes rezoning to allow duplex; would negatively affect property values; not good for character of neighborhood

Jeff Loose, 201 W. Jefferson St., property owner of lot proposed to be rezoned-Purchased lot and is requesting a rezoning of the property to RS-5 so he can construct a residential duplex; there are other duplexes in view of this lot and indicated that a duplex faces Jefferson St;

Howard Johnson, 902 N. Benjamin St.-Duplex would not enhance the neighborhood; no reason to change zoning for one duplex.

Steven King, 839 N. Wisconsin St.-opposed to duplex; concerned about property values and rezoning of this property;

Ricky Mitchell, 914 N. Benjamin St.-Opposed to rezoning to build duplex

Harold May-102 W. Jefferson St.-Opposed to duplex.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Director of Planning & Development, Mary Kay Buratto indicated that the Plan Commission voted to deny the rezoning request. The majority of the Plan Commission felt that a duplex on this property does not fit in with the predominantly single family character of the neighborhood west of N. Wisconsin St. She indicated that she made a recommendation to approve the rezoning at the Plan Commission Meeting. She wanted to make sure that members of the Council have the information they need to make an informative decision and said the Council should take a look at how the City has developed and how subdivisions have been approved in the past. The City has a history of approving single-family homes and duplexes together. Alderman Leicht commented that before he purchased his home, he looked at the zoning of the area first; opposes rezoning petition for this property. Alderman Jushka favors the rezoning.

4. Ordinance 2001-3 (Rezoning Property On W. Jefferson St., West Of 839 N. Wisconsin St. From RS-4 To RS-5) 1^st Reading-Mayor Gottlieb explained to the Council that because the Plan Commission has denied this rezoning request, the Council can affirm the Plan Commission’s recommendation and reject the petition for rezoning. The request will then be referred back to the Plan Commission for review. MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN SCHWANZ TO

AFFIRM THE PLAN COMMISSION’S RECOMMENDATION TO REJECT THE PETITION FOR REZONING THE PROPERTY ON W. JEFFERSON

ST., WEST OF 839 N. WISCONSIN ST. FROM RS-4 TO RS-5. Vote taken-5 ayes; 2 nays (Pete Jushka, Paul Tutas). Motion carried.

5. Ordinance 2001-4 (Amend Plan Review Fees) 1^st Reading-Director of Planning and Development Mary Kay Buratto indicated that the Plan Commission is recommending that we change our application fee schedule to a fixed fee for each type of review requested.

A. Ordinance 2001-1 (Amendments To Sewer User Ordinance0 2^nd Reading-City Engineer Depies explained to the Council that the intent of this ordinance is to address homes that have a drain tile receiver which directly connects the drain tile to the sanitary sewer system. However, if the Building Inspector does an inspection of a home that is being remodeled and sees any violations regarding sump pumps, he has the authority to ask that the violation be corrected. It is anticipated that there could be significant savings to the Wastewater Utility by eliminating clear water entering the sanitary sewer system. Alderman Matthews feels the ordinance is unclear as to what the penalties are if this ordinance is violated. The City Attorney addressed his concerns. The Council primarily had concerns with Section 10.15.030, A. 3., Use of Public Sewers. It was felt that the intent in this paragraph was not clear. A discussion followed. The Council felt the wording for Paragraph 3 should read as follows: No property shall be sold unless it has been properly determined by inspection or other means to insure that all unpolluted water is being property discharged and that no connection to the sanitary sewer is possible. Improper discharges of unpolluted water shall be determined to be in violation of this ordinance. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO APPROVE ORDINANCE 2001-1 AS AMENDED. Motion carried unanimously.

B. Consider Architectural Design Service Agreement For City Hall Renovation-The City Attorney reviewed with the Council his memo regarding his comments on the proposed contract for Architectural and Engineering Services with Bonestroo, Rosene, Anderlik and Associates for the City Hall renovation. A discussion followed. MOTION BY ALDERMAN TUTAS TO TABLE THIS ITEM FOR FURTHER INFOMRATION. Motion fails for lack of a second. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO APPROVE THE ARCHITECTURAL DESIGN SERVICE AGREEMENT BETWEEN THE CITY AND BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES FOR THE CITY HALL RENOVATION CONTINGENT UPON THE CITY ATTORNEY NEGOTIATING THE CHANGES HE FEELS ARE NECESSARY AND IF HE IS UNABLE TO DO SO, TO BRING IT BACK TO THE COUNCIL. Motion carried unanimously.

NEW BUSINESS-None.

OTHER MATTERS AS ALLOWED BY LAW-None.

PUBLIC COMMENTS/APPEARANCES-None.

MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (c) (g) To Consider Director Of Inspections Applications And Confer With Legal Counsel Who Is Rendering Oral Or Written Advice Concerning Strategy To Be Adopted By The Council Regarding Litigation With The Town Of Port Washington. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Tutas-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously. Open Meeting adjourned at 9:02 p.m.

Consider Hiring For Director Of Inspections Position-MOTION WAS MADE BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO HIRE MR. TOM JOHNSON AT A SALARY OF $49,300. Motion carried unanimously.

Adjournment-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 10:02 P.M. Motion carried unanimously.

Table of Contents

1. Roll Call was taken. All members were present.

2. Resolution 2001-3 (Reject Petition For Annexation Of V.K. Homes, Inc., V.K. Development Corp, and Estate of Luci8lle Matthaeus Properties)-MOTION WAS MADE BY ALDERMAN VOIGT, SECOND BY ALDERMAN SCHWANZ TO APPROVE RESOLUTION 2001-3. Motion carried unanimously.

3. Resolution 2001-4 (Reject Petition For Annexation Of Evelyn Melichar Property)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN TUTAS TO APPROVE RESOLUTION 2001-4. Motion carried unanimously.

4. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN MATTHEWS TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 7:04 P.M. Motion carried unanimously.

Mark Grams

City Administrator

1. Roll Call was taken. All members were present: Mayor Gottlieb, Aldermen Voigt, Matthews, Schwanz, Babcock, Tutas, Jushka, and Leicht. Also present was City Administrator Mark Grams and City Attorney Eric Eberhardt.

2. Review of Circuit Court Decision Regarding the Town of Port Washington’s Incorporation Petition-The City Administrator and City Attorney reviewed the Judge’s written decision; the Judge’s decision was based on the Town’s inaccurate map and questionable legal description of the proposed new Village.

3. Resolution 2001-2 (Authorizing City Officials to File a Petition for Annexation of City Property)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2001-2. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN VOIGT TO AMEND THE LANGUAGE THAT WOULD INCLUDE "AND FILE" AFTER THE WORD "SIGN" ON THE LAST LINE. MOTION CARRIED UNANIMOUSLY. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2001-2 AS AMENDED. MOTION CARRIED UNANIMOUSLY.

4. MOTION BY ALDERMAN TUTAS, SECOND BY ALDERMAN VOIGT TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 6:43 P.M. MOTION CARRIED UNANIMOUSLY.

Mark Grams

City Administrator

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Paul Tutas, Pete Jushka and Karl Leicht. Absent & excused was Director of Planning and Economic Development Mary Kay Buratto. Also present: City Engineer Tony Depies, City Administrator Mark Grams and City Attorney Eric Eberhardt. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meeting-January 2, 2001

B. Consider Operator’s License Applications-Todd M. Vikdal and Sean P. Gilhooly and Temporary Class "B" Retailer’s License-St. Mary Congregation/430 N. Johnson St./February 16, 2001; March 9, 2001, and April 6, 2001.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN TUTAS TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion carried unanimously.

A. Strategic Plan Committee Meeting-Mayor Gottlieb reported that there would be a Strategic Plan Committee Meeting on Monday, January 29^th at 6:00 p.m. at City Hall. Mr. Dan Wilson of UW Extension, Washington County will be the facilitator. The committee consists of members of various boards and commissions. The Committee will review the goals for 2000 to see if these goals were attained and will then develop goals for 2001.

B. Mayor Gottlieb was pleased to announce that the Port Washington Lions Club will donate $20,000 towards construction of a Fish Cleaning Station near Fisherman’s Park.

A. Change Of Policy Regarding The Plowing And Salting Of City Streets-City Administrator Grams reported that there would be a change of policy regarding the plowing and salting of City Streets because of the diminishing supply of salt in Ozaukee County. The City will salt the main streets, hills and intersections but will cut back on salting side streets. Only the intersections of side streets will be salted.

B. City Administrator Grams announced that the City of Port Washington would be hosting the next Mid-Moraine Dinner Meeting to be held on January 24^th at Smith Bros. Restaurant.

PUBLIC COMMENTS/APPEARANCES-None

A. Finance Committee

1. Submission of Coastal Management Grant Application for Lighthouse-Alderman Voigt indicated that the Port Washington Historical Society has asked the City to submit a Coastal Management Grant Application for restoration of the Port Washington Lighthouse. The major improvements that would be submitted include general exterior work, first floor and basement work and exterior paint removal and brick repair. The estimated cost of these improvements is $81,700. Coastal Management would fund 40% or $32,680 and the remaining share would be funded through the Historical Society. Mr. Damon Anderson, President of the Port Washington Historical Society, gave a presentation on the project. He indicated that this is an international project as the Ministry of Culture of Luxembourg is donating the Light Station tower and lantern room, which will be constructed in Luxembourg and freighted overseas to the United States. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO SUBMIT THE GRANT APPLICATION TO THE COASTAL MANAGEMENT GRANT PROGRAM. Motion carried unanimously.

2. Financing For Highway 32 Project (Engineering and Utility Work)-Alderman Voigt indicated that the Finance Committee reviewed financing for the Highway 32 Project. Because the City’s portion of the Highway 32 Project will be moved up to this year, the City needs to get the engineering and water utility design work completed as soon as possible. Mayor Gottlieb mentioned that the Community Development Authority and Plan Commission would be looking at a number of enhancements that will be a part of this project such as streetscaping improvements and relocating wires underground. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN JUSHKA TO PROCEED WITH FINANCING FOR THE HIGHWAY 32 PROJECT. Motion carried unanimously.

3. Capital Borrowing For 2001 Projects-Mr. Ray Osness, Financial Consultant with Griffin, Kubik, reviewed a report he submitted to the Council regarding financing for the borrowed fund projects. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN TUTAS TO APPROVE THE CAPITAL BORROWING FOR 2001 PROJECTS AS SUBMITTED WITH THE EXCLUSION OF $50,000 FOR WIDE AREA NETWORK INFRASTRUCTURE. Motion carried unanimously.

B. Personnel Committee

1. Amend Resolution 2001-1 (2001 Salary Resolution)-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN SCHWANZ TO APPROVE AMENDING RESOLUTION 2001-1 (2001 Salary Resolution). Motion carried unanimously.

1. Hiring Engineering Consultant To Provide Design Services For The 2001 Water Main Replacement Program-MOTION BY ALDERMAN TUTAS, SECOND BY ALDERMAN LEICHT TO APPROVE HIRING BONESTROO FOR THE 2001 WATER MAIN REPLACEMENT PROGRAM. Motion carried unanimously.

UNFINISHED BUSINESS-None

A. Closing Of Streets For Winterfest, February 10^th-Erica Norton for Candlelight Productions reported that the BID District is sponsoring Winterfest to be held on Saturday, February 10^th. She reported on some of the activities that will be taking place, including a parade and ice sculpting. The BID District is requesting crossing guards in the pedestrian crosswalks and temporary parking in certain areas for ice sculpting. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE CLOSING OF STREETS FOR WINTERFEST, FEBRUARY 10^TH, CONDITION UPON APROVAL OF THE BID BOARD. Motion carried unanimously.

B. Consider Architectural Design Services Agreement For City Hall Renovation-Alderman Voigt reported that because the fees from Bonestroo for engineering services were higher than anticipated, he feels this item should be postponed until the next meeting. MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN LEICHT TO TABLE THE ARCHITECTURAL DESIGN SERVICES AGREEMENT FOR CITY HALL RENOVATION. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Matthews reminded the Council of the "Open House" scheduled for the W. J. Niederkorn Library to be held on Sunday, January 21^st from 1:00 to 4:00 p.m. Alderman Matthews also asked why we couldn’t do the sidewalk replacement program like the Village of Grafton. City Administrator Grams said that we are doing the program like Grafton but we have to complete the process of sidewalk replacement through the whole City first before we can abandon the process of assessing property owners. Alderman Babcock said he thought the City’s cable access channel has improved dramatically. Mayor Gottlieb said that a lot of credit for improvement to the cable access channel goes to Judy Klumb.

PUBLIC COMMENTS/APPEARANCES-Connie Flanagan, 308 S. Spring St.-Asked what residents could expect with the reconstruction of Highway 32? City Engineer Depies explained that the City is working on details of the design plan for this project with R. A. Smith & Associates. The street would be open to local traffic during construction. He also mentioned that there would be minor land acquisition for residents along the road, which is being worked out with the DOT.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (c) To Consider Applications For The Director Of Inspection Position And Performance Evaluation For The City Administrator. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Tutas-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously. Open Meeting adjourned at 8:28 p.m.

Table of Contents

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Mark Gottlieb. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Paul Tutas, Pete Jushka and Karl Leicht. Alderman Babcock arrived at 7:33 p.m. Absent & excused was Director of Planning and Economic Development Mary Kay Buratto. Also present: City Engineer Tony Depies, City Administrator Mark Grams and City Attorney Eric Eberhardt. The Pledge of Allegiance to the Flag was recited.

A. Approve Minutes of Previous Meeting-December 19, 2000

B. Consider Operator’s License Applications-Andrea R. Schanen and Monica M. Karrels

MOTION BY ALDERMAN TUTAS, SECOND BY ALDERMAN LEICHT TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion carried unanimously.

A. Happy New Year!

B. Congratulations to City Engineer Tony Depies and the Public Works Department for their job of snow removal.

OFFICER’S REPORTS-City Administrator Mark Grams reported on candidates who submitted nomination papers. Those submitting papers are: Ron Voigt and John P. Urban, Alderman 1^st District; Armin Schwanz, Alderman 3^rd District; Paul F. Tutas, Thomas D. Hudson and Scott Huebner, Alderman 5^th District; and Karl Leicht, Alderman 7^th District. It appears that we will be having a primary in the 5^th Aldermanic District. The date of the primary election is Tuesday, February 20^th. City Administrator Grams reported that a meeting is being scheduled with City Engineer Tony Depies and DOT officials on the possibility of moving up the Highway 32 Project. City officials feel the project needs to be moved up because of deterioration of the roadway. City Engineer Depies indicated that the City should be prepared to make the necessary changes to the 5-Year Plan if reconstruction of the roadway is moved up because some City projects may have to be adjusted. City Engineer Depies thanked the Mayor for his compliment on snow removal. He indicated that residents need to understand that snow must be removed from the sidewalks and also snow is not to be blown into the road.

PUBLIC COMMENTS/APPEARANCES-Mr. Rick Smith, 839 W. Larabee St.-regarding the proposed high rise at Lake and Jackson Streets, is concerned about the extra height over the 85 ft. maximum. This would detract the view, which is a big part of Port Washington and could become a precedent. Ms. Linda Nenn, 1859 Parknoll Lane-has concerns about the 85 ft. high rise. Citizens do not want high-rise buildings in Port Washington. Is concerned about public trust-citizens were not aware that the building would go beyond the 85 ft. maximum. The Council has the power to overturn the Plan Commission’s recommendation. It will block view of lake from the Light Station. Aldermen who were up for election were absent when decision was made. Mayor Gottlieb clarified that the Council does not have the power to overturn the decision of the Plan Commission and that no aldermen on the Plan Commission were up for re-election.

A. Ordinance 2001-1 (Amendment To Sewer User Ordinance) 1^st Reading-City Engineer Depies gave a report on the proposed amendments to the sewer user ordinance. The City has a sewer user ordinance on the books and the proposed amendment brings it up to date. There are changes in definitions but the biggest change is in servicing and handling of clear water waste. Basically this ordinance will put into play an attempt to limit the amount of clear water discharged to the sanitary sewer system, defining where clear water needs to go and when a person has to connect a sump pump to a storm sewer system. The amendment to this ordinance will bring the City into compliance with the DNR. City Administrator Grams said the aldermen should especially pay attention to Pages 6 & 7, which deal with residential customers in the City. Mayor Gottlieb said that Page 6 (c) is confusing when it talks about combined sewers when we don’t have them. City Engineer Depies said that reference could be removed but there is a possibility that there are a number of old catch basins that could have a trap in them. Mayor Gottlieb also pointed out that in Paragraph A, the sixth line should read, … is not likely. Also there doesn’t seem to be a difference in Paragraphs B and C. Alderman Babcock indicated that with the amount of rain, if we have a catch basin or two, we should do everything possible to see if that is a source of storm water into the system. These areas should be investigated. City Engineer Depies indicated that we should look into abandoning any cross-connections. Mayor Gottlieb asked that the aldermen look over the ordinance for a final reading at the next Council Meeting since this is a significant ordinance in terms of impact.

NEW BUSINESS-None

OTHER MATTERS AS ALLOWED BY LAW-Alderman Tutas had several questions on the issue of the high-rise, if an extension can be added after it is approved and could the extension be moved to the north? City Engineer Depies explained that the ordinance has exceptions for adding height such as elevator bulkheads. This requires special approval by the Plan Commission. Alderman Babcock indicated that he was absent at the Plan Commission Meeting when approval was made on the high-rise. He feels when the architect came forth with the model of the building, they should have shown the extension. City Engineer Depies indicated that the elevator plans were not developed until after approval. Details were then put into place. Alderman Schwanz feels that things that should have been done by the architect are causing all of these problems and it is not right.

PUBLIC COMMENTS/APPEARANC-None

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN TUTAS TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (c) To Review Employee Performance Evaluations, Salary Compensation And Applications For The Director Of Inspections Position. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Tutas-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously.

The Council reconvened into open session at 10:40 p.m.

Resolution 2001-1 (2001 Salary Resolution)-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN JUSHKA TO APPROVE RESOLUTION 2001-1. Motion carried unanimously.