City of Port Washington, Wisconsin - Minutes - 2003

SPECIAL CITY COUNCIL MEETING

December 22, 2003

The Mayor called the Special City Council Meeting to order at 1:45 p.m. Present were Aldermen Haacke, Matthews, Schwanz, Babcock, Hudson, Jushka and Leicht. Also present was City Administrator Mark Grams.

RESOLUTION 2003-37 (Authorizing The Issuance And Sale Of $850,000 Taxable Note Anticipation Notes)-MOTION WAS MADE BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HAACKE TO APPROVE RESOLUTION 2003-37. Motion carried unanimously.

MOTION WAS MADE BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO ADJOURN THE SPECIAL MEETING OF THE CITY COUNCIL AT 1:53 P.M. Motion carried unanimously.

Table of Contents

TUESDAY, December 16, 2003

MINUTES

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Administrator Mark Grams, City Attorney Eric Eberhardt, City Engineer Rob Vanden Noven and City Planner Randy Tetzlaff. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meeting (December 2, 2003)

Consider Original Operator’s License Applications-There were none.

MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE CONSENT AGENDA. Motion carried unanimously.

MAYOR’S BUSINESS

Appointment To Board Of Review And Commission On Aging-MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE APPOINTMENTS OF JO ANN STADE TO THE COMMISSION ON AGING AND JIM MONDAY TO THE BOARD OF REVIEW. Motion carried unanimously.

Update On PR Firm Project-Mayor Huebner reported that he is calling various groups to put together a small group of people for input on the concept of hiring a PR firm.

OFFICER’S REPORTS

Circulation of Nomination Papers-City Administrator Grams reported that the deadline for filing nomination papers is Tuesday, January 6, 2004 at 5:00 p.m. The deadline for filing non-candidacy papers is December 26^th at 5:00 p.m.

The City Administrator reported on the public technical hearing for WE Energies in Wauwatosa. He said that our attorneys submitted additional testimony to the PSC to rebut and answer the testimony that was submitted by a PSC staff person regarding mitigation payments. City Attorney Eberhardt mentioned that he had been contacted by Attorney Bill Mulligan of Davis & Kuelthau to advise him that they had re-hired Mr. Mike Welsh, an economist, who had previously represented the City before the PSC and that Mr. Welsh’s service was once again necessary to protect the City’s legal interests. The City Attorney stated that unless the Council objected, he would advise Attorney Mulligan that the Council approved hiring such expert as part of the fees previously authorized in this case.

City Engineer Rob Vanden Noven reported that the power plant put its first section of new stacks in place. Construction is 10% complete. Regarding the new contractor hired for garbage and recycling, the City is notifying residents by a flyer in the Press that recycling would be picked up every other week and that the first week of recycling would begin January 12^th. Garbage routes will not be changing.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Consider Water Rate Increase Alternatives For 2004-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE A RATE OF RETURN OF 4.0% FOR THE WATER RATE INCREASE FOR 2004. Motion carried unanimously.

2. Consider City Liability Insurance Carrier For 2004-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE LEAGUE OF WISCONSIN MUNICIPALITIES PLAN AS THE CITY LIABILITY INSURANCE CARRIER FOR 2004. Motion carried unanimously.

3. Consider Fireworks Contract With Mad Bomber-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO APPROVE THE 3-YEAR CONTRACT WITH MAD BOMBER FIREWORKS. Motion carried unanimously.

4. Ordinance 2003-20 (Amending Certain Sewer Service Charges And Establishing Certain Fees) 1^st Reading

BOARDS/COMMISSIONS

UNFINISHED BUSINESS

Ordinance 2003-19 (Wisconsin Uniform Building Code Schedule Of Permit Fees For 2004) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2003-19. Motion carried unanimously.

NEW BUSINESS

Direct City Attorney To Prepare Road Easement Agreement With School District-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTATION FOR THE ROAD EASEMENT AGREEMENT WITH THE SCHOOL DISTRICT AT A COST UP TO $500 FOR SURVEYING AND LEGAL DESCRIPTION PREPRATION. Motion carried. (6 ayes, 1 nay-Alderman Matthews)

OTHER MATTERS AS ALLOWED BY LAW-Alderman Haacke-Agrees in part with the editorial in last week’s Press regarding the lakefront property that will be returned to the people of Port Washington. He strongly recommends that the City put together a Blue Ribbon Committee as soon as possible to begin brainstorming for appropriate planning for use of that land. He suggests that we get one person from each aldermanic district, people from the BID, Chamber of Commerce, Plan Commission and service organizations. Alderman Schwanz-Agrees with Alderman Haacke’s comments; also wishes everyone a Merry Christmas and Happy New Year. City Administrator Grams-Indicated that the initial conversation about this property should be at the State level. Alderman Babcock-The Park & Rec Board appointed three people to form a committee to start reviewing possible uses of the land. Merry Christmas and Happy Holidays. Alderman Hudson-The City should look very carefully for possible storm water runoff when reviewing the proposed plat for the Didier development. Merry Christmas and Happy Holidays. Alderman Jushka-Happy Holidays. Alderman Leicht-Has concerns with the Bley Subdivision having only one exit. Merry Christmas and Happy New Year. Mayor Huebner-The Alderman should think of someone in their district who could serve on a committee regarding possible uses of the lakefront property as mentioned previously.

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:12 P.M. Motion carried unanimously.

Table of Contents

TUESDAY, December 2, 2003

MINUTES

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, and Karl Leicht. Alderman Jushka was absent and excused. Also present: City Administrator Mark Grams and City Attorney Eric Eberhardt. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meeting (November 18, 2003)

Consider Original Operator’s License Applications-Renee M. Horvath, Christian H. Groth, Jeffrey B. Appelt, and Aaron A. Beckmann

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE THE CONSENT AGENDA EXCEPT THE OPERATOR’S LICENSE FOR SHANNON R. MUELLER. Motion carried unanimously.

MAYOR’S BUSINESS

Resolution 2003-32 (Recognition of Past Board/Commission Members)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APPROVE RESOLUTION 2003-32 AS AMENDED BY ADDING JOHN KUCHAR WHO SERVED ON THE PARK & RECREATION BOARD. Motion carried unanimously.

OFFICER’S REPORTS

Circulation of Nomination Papers-City Administrator Grams reported that the first day to circulate nomination papers for Aldermanic Districts 2, 4 and 6 is December 1, 2003 and the final day for filing nomination papers in the office of the City Clerk is 5:00 p.m. on Tuesday, January 6, 2004. The date of the Spring Election is April 6, 2004 and the Spring Primary and Presidential Preference Primary is February 17, 2004.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Resolution 2003-33 (Municipal Ordinance Deposit Schedule For Municipal Court Citations)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2003-33. Motion carried unanimously.

2. Resolution 2003-34 (Establishing New Dog And Cat License Fees)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE RESOLUTION 2003-34. Motion carried unanimously.

3. Ordinance 2003-19 (Wisconsin Uniform Building Code Schedule Of Permit Fees For 2004) 1^st Reading

4. Resolution 2003-35 (Charge-Off Of Accounts)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE RESOLUTION 2003-35. Motion carried unanimously.

5. Resolution 2003-36 (Carryover Of Funds For Wastewater Utility)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2003-36. Motion carried unanimously.

6. Consider Fire Services Contract With Town Of Port Washington-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN HAACKE TO APPROVE THE FIRE SERVICES CONTRACT WITH THE TOWN OF PORT WASHINGTON. Motion carried unanimously.

7. City’s Unfunded Pension Liability-Mr. Ray Osness of Griffin, Kubik, Stephens & Thompson, Inc. was present to review his report and recommendation for the City’s Unfunded Pension Liability. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO ACCEPT THE REPORT FROM RAY OSNESS AND THAT FINANCING IN THE FORM OF A NOTE ANTICIPATION NOTE (NAN) BE ISSUED TO PAY OFF THE CITY’S UNFUNDED PENSION LIABILITY. Motion carried unanimously.

BOARDS/COMMISSIONS

UNFINISHED BUSINESS

Ordinance 2003-18 (Annexation Of Land Owned By FRED Port Washington, LLC (Fiduciary) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2003-18. Motion carried unanimously.

Discuss Sanitary Sewer Service Area For Former Schanen Property South Of Highway 33-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO HAVE THE ADMINISTRATOR CONTACT SEWRPC AND RESTART THE PROCESS OF ANALYZING THE COST EFFECTIVENESS OF HAVING THE FORMER SCHANEN PROPERTY PLACED IN THE CITY OF PORT WASHINGTON’S SANITARY SEWER SERVICE AREA. Motion carried unanimously.

NEW BUSINESS

Amend Agreement For The Operation Of the Mid-Moraine Municipal Court-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE AMENDED AGREEMENT FOR THE MID-MORAINE MUNICIPAL COURT WHICH ELIMINATES THE TOWN OF ERIN. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Schwanz-Regarding property tax bills, the news media and citizens should be aware that out of the five taxing jurisdictions, the City’s portion of taxes is the only one that went down. Alderman Babcock-Echoed Alderman Schwanz’s comment on taxes.

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HAACKE TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (g) to confer with legal counsel in regards to litigation the City may become involved. ROLL CALL: Haacke-aye, Matthews-aye, Schwanz-aye, Babcock-aye, Hudson-aye, and Leicht-aye. Motion carried unanimously. Open meeting adjourned at 8:00 p.m.

The Council reconvened into open session at 9:05 p.m.

Authorization To Hire Legal Counsel Regarding PSC Proceedings-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO HIRE THE FIRM OF DAVIS & KUELTHAU AND/OR PAUL KENT WITH AN HOURLY RATE SET AND A COST NOT TO EXCEED $15,000 TO REPRESENT THE CITY’S INTERESTS THE PENDING PSC PROCEEDING. Motion carried unanimously.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 9:07 P.M. Motion carried unanimously.

Table of Contents

TUESDAY, November 18, 2003

MINUTES

A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, and Pete Jushka. Alderman Leicht was absent and excused. Also present: City Administrator Mark Grams, City Attorney Eric Eberhardt, City Engineer Rob Vanden Noven and City Planner Randy Tetzlaff. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meeting (November 4, 2003)

Consider Original Operator’s License Applications-Anton A. Salaks, Peter Stacy, Jack J. Trice, Silke Waldschmidt, Dawn M. Thielke, Ashley R. Engstrom and Anita C. Benavides

Consider Combination Class "A" Retail-Peter C. Beck Corp (Peter Stacy) Port Tobacco/215 N. Franklin St.

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HAACKE TO APPROVE THE CONSENT AGENDA EXCEPT THE OPERATOR’S LICENSE FOR ANITA C. BENAVIDES . Motion carried unanimously.

MAYOR’S BUSINESS

Mayor Huebner reported that there is a vacancy on the Board of Review.

Mayor Huebner commented on the article in the Journal regarding our City’s downtown. He said the owner of the Dairy Queen was concerned about the negative statements made in the article about the departure of Dairy Queen. He told the reporter that this particular DQ had a lot of internal issues and should not reflect on our City. He said there are a lot of positives in the downtown area that were not pointed out in the article. The BID District, Chamber, Tourism and local civic organizations are all working to revitalize the downtown area.

OFFICER’S REPORTS

City Administrator Grams reported that a meeting with the Saukville Village Board is scheduled for Tuesday, November 25^th at 8:30 p.m. in Saukville to discuss the sanitary sewer service area for the former Schanen property located in the City of Port Washington, south of Highway 33.

E-mail addresses are being set up for Aldermen. Those with computers will have their e-mails automatically forwarded to their home and the others will be sent to Rose. The e-mail addresses would also be printed in the next City newsletter and be put on the City’s website.

Projects-WE Energies-Stacks will be put together in the next couple of weeks.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Public Hearing On The Proposed 2004 City Budgets-Mayor declared the public hearing open. There were no comments. MOTION BY ALDERMAN BABCOCK, SECOND BY SCHWANZ TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Resolution 2003-30 (Approve 2003 Tax Levy)-Alderman Hudson summarized the proposed 2004 City Budgets. He reported a few minor changes. The $18,000 that the Finance Committee came out ahead would be used for upgrading software as well as repair of the stairs behind the Library. Another change was in the Capital Outlay for the Park & Recreation Department. Director of Park & Rec, Jay Jansen, is recommending that the City substitute the Simplicity mower-testing program over purchasing a replacement mower system for $22,000 and adding a part-time seasonal employee at a cost of $4,820. Alderman Hudson indicated that the tax levy would then be adjusted to $4,653,618.12 and the Mill Rate would change to $.00869873, which is a 3½¢ decrease. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE 2003 TAX LEVY AND BUDGET AND RATES AS AMENDED. 5 ayes, 1 nay (Alderman Schwanz). Motion carried. Alderman Schwanz indicated the reason he voted no is that he is opposed to a full-time fire chief.

3. Consider Proposed 2004 Ambulance Rates-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE 2004 AMBULANCE RATES AS PRESENTED. Motion carried unanimously.

4. Consider 2004 Shared Ride Taxi Rates-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE 2004 SHARED RIDE TAXI RATES AS PRESENTED. Motion carried unanimously.

5. Consider Agreement Between the City and Coyotes Tavern-Mr. Joe Wirth, the City’s insurance company attorney, addressed the Council regarding the proposed agreement between the City and Coyotes. Mr. Wirth indicated that this agreement is a tool for enforcement to avoid litigation. He recommended several points to consider when voting on the agreement: (1) vote for approval contingent upon final draft approval by the City Attorney to review potential enforcement issues, (2) wait for confirmation that Coyotes will sign the agreement, (3) that in the legal opinion of the City Attorney and himself, any changes that end up in the final wording do not materially affect the City’s obligation under the agreement and (4) permit the finalized version of the agreement to be signed without another vote on it. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE AGREEMENT BETWEEN THE CITY AND COYOTES TAVERN CONTINGENT UPON APPROVAL OF THE CITY ATTORNEY AND APPROVAL BY COYOTES AS AMENDED. Motion carried unanimously. City Attorney Eberhardt thanked Mr. Wirth and the City Administrator for getting the agreement into its final form.

6. Consider Employee Health Insurance Plan-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO JOIN THE COUNTY IN THE WCA GROUP HEALTH TRUST PLAN. Motion carried unanimously.

7. Renew License Agreement Between the City and First Congregational Church (Sale of Christmas Trees)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO RENEW THE LICENSE AGREEMENT BETWEEN THE CITY AND FIRST CONGREGATIONAL CHURCH FOR THE SALE OF CHRISTMAS TREES FROM NOVEMBER 22, 2003 THROUGH DECEMBER 23, 2003. Motion carried unanimously.

8. Ordinance 2003-17 (New Dog and Cat License Fees) 1^st Reading

BOARDS/COMMISSIONS

Plan Commission

1. Ordinance 2003-18 (Annexation of Land Owned by FRED Port Washington, LLC (Fiduciary) 1^st Reading

UNFINISHED BUSINESS

NEW BUSINESS

Public Hearing On The Proposed Changes To The City Of Port Washington’s Sanitary Sewer Service Area-Mayor Huebner declared the public hearing open. There were no comments. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Resolution 2003-31 (Port Washington Sanitary Sewer Service Area Amendment)-Mr. Bill Stauber of SEWRPC reviewed the report on the amendment to the Regional Water Quality Management Plan for the City of Port Washington with the Council. He indicated that the overall purpose of the amendment is to add certain lands where development is considered to be eminent and to remove lands where development is further distant. These additions and deletions are consistent with regional plan concepts. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HAACKE TO APPROVE RESOLUTION 2003-31. Motion carried unanimously.

City’s Recommendation To Dispose Of Excess County Highway LL Right-Of-Way-MOTION BYALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO TABLE THIS ITEM FOR FURTHER DISCUSSION AND RECOMMENDATION. Motion carried unanimously.

Approve Closing A Portion Of E. Main St. For Christmas On The Corner Event-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE CLOSING A PORTION OF E. MAIN ST. FOR THE CHRISTMAS ON THE CORNER EVENT TO BE HELD ON SATURDAY, DECEMBER 6^TH FROM NOON TO 8:30 P.M. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Hudson-Agree with the Mayor on the negative spin of the article in the Journal/Sentinel regarding the downtown. Alderman Jushka-Happy Thanksgiving!

PUBLIC COMMENTS/APPEARANCES-Fire Chief Eernisse-Thanked the Council for their historic vote to create a full-time fire chief position. He commended the Council for their vision.

MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (c) (e) to discuss labor negotiations and deliberate on the possible purchase of property. ROLL CALL: Haacke-aye, Matthews-aye, Schwanz-aye, Babcock-aye, Hudson-aye, and Jushka-aye. Motion carried unanimously. Open meeting adjourned at 8:21 p.m.

The Council reconvened into open session at 9:00 p.m.

Approve Labor Agreements With AFSCME Local 108 DPW and Clerical Units-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HAACKE TO APPROVE THE LABOR AGREEMENTS. Motion carried unanimously.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HAACKE TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 9:01 P.M. Motion carried unanimously.

Table of Contents

TUESDAY, November 4, 2003

MINUTES

A duly convened meeting of the Common Council was called to order at 7:35 p.m. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Administrator Mark Grams, City Attorney Eric Eberhardt, City Engineer Rob Vanden Noven and City Planner Randy Tetzlaff. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meeting (October 21, 2003)

Consider Original Operator’s License Applications-Ryan E. Augustin, Barbara J. Suleski, Herbert E. Fischer and Leah R. Jarolimek

Consider Combination Class "A" Retail-Rustam Zulfakar/Liquor Store One/925B S. Spring Street

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

MAYOR’S BUSINESS

A. Mayor Huebner reported that he accepted a good government award, on behalf of the City, at the League of Wisconsin Municipalities Conference from Foth & Van Dyke for participating in e-mail and Internet service with the County.

OFFICER’S REPORTS

City Administrator Grams reported that there would be an open forum sponsored by Harbor Village on Thursday, November 6^th at 6:00 p.m. to discuss the Fire Chief’s position. An invitation was given to the aldermen and members of the Police & Fire Commission. The Administrator indicated that he needs to know how many Aldermen and Police & Fire Commission members would be attending because if there is a majority present, he would have to issue a public notice as an "official" meeting.

Update on Projects-Lake Ridge Subdivision-Final asphalt completed. Hwy 32-All lanes open. Webster St.-Street Department did a few punch list items around the street lights on Jackson St.

City Administrator Grams reported that he and the Mayor attended a meeting in Madison for Assembly Bill 598 (Med-Arib Law), proposed by Representative Gottlieb and Senator Brown, to speak in favor of the bill. There may be some changes and amendments to the bill, but it got a good response from the committee. The bill would be beneficial to municipalities in regards to future budgets.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Review and Approval of BID District 2004 Budget-Traci Mead, Executive Director of the Port Washington Business Improvement District, reviewed the proposed 2004 Annual BID Budget and Operating Plan. MOTION BY ALDERMAN HUDSON, SECOND BY ALERMAN SCHWANZ TO APPROVE THE BID DISTRICT 2004 ANNUAL BUDGET AND OPERATING PLAN. Motion carried unanimously.

2. Review Proposed 2004 City Departmental Budgets-Alderman Hudson reviewed with the Council the highlights of the proposed 2004 City Departmental Budgets as recommended by the Finance & License Committee. Alderman Hudson thanked City Administrator Grams for getting everybody on board and keeping costs down. Mayor Huebner complimented the Finance & License Committee on a job well done on their work with the budget and to the Department Heads in maintaining their current spending levels for all budget accounts. Mayor Huebner questioned what would be done with the $18,000 in the budget that the committee came out ahead. He didn’t feel it should be used towards repair of the stairs behind the library as this could be accomplished with fundraisers. His proposal would be that this money should be given back to the citizens of Port Washington as well as putting some in the Contingency Fund. Alderman Hudson said this would be a nice gesture and agrees with the principal, but feels the money could be used for road and alley patch up because of the many complaints received. Alderman Babcock thanked the people in his district for putting up with the power plant construction. He said that the City paid for the lighthouse stairs and a fundraiser was used to sell the stairs. He feels use of the library is increasing and the stairs should be repaired.

Dan Chaudoir, Chairman of the Police & Fire Commission and Fire Chief Marc Eernisse addressed the Council giving their justification for the need of a full-time fire chief. Following their presentation, the Aldermen asked questions. Fire Chiefs from Grafton, Cedarburg and Mequon were also present and asked to speak about how their communities are functioning with part-time and full-time chiefs. The fire chiefs from other communities agreed that, by law, the duties and responsibilities of a fire chief are increasing and it is becoming very difficult to have a daytime job and be a part-time chief without adequate staffing. The majority of Aldermen spoke in favor of a full-time chief. Alderman Schwanz feels fire protection is very important to a community but with fiscal concerns thinks this is the wrong time to add a full-time employee.

3. Consider Combination Class "A" Liquor License-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE THE COMBINATION CLASS "A" LIQUOR LICENE FOR RUSTAM ZULFAKAR/LIQUOR STORE ONE/925B S. SPRING ST. FOR DECEMBER 1, 2003 TO JUNE 30, 2004. Motion carried unanimously.

4. Consider Urban Nonpoint Source & Stormwater Management Program Grant-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE STORMWATER MANAGEMENT GRANT APPLICATION TO THE DNR. Motion carried unanimously.

5. Update On Employee Health Insurance Program-City Administrator Grams reported that he has been working with the Finance Committee on alternatives to the employees’ health insurance program, which expires on December 1^st. Also our current health insurance consultant is preparing alternatives for continuing our self-insured plan. We’ve looked at the County Health Trust Insurance plan, which is not self-insured, but the benefit program is set up like our current plan and we are also still looking at the State plan. The Council will need to make a final decision on the employee health insurance program at the November 18^th City Council Meeting.

BOARDS/COMMISSIONS

Park & Recreation Board

1. Consider Concession Stand Agreement With Port Washington Youth Baseball Association-MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CONCESSION STAND AGREEMENT WITH THE PORT WASHINGTON YOUTH BASEBALL ASSOCIATION AS AMENDED BY THE CITY ATTORNEY. Motion carried unanimously.

UNFINISHED BUSINESS

NEW BUSINESS

Consider Engineering Services Agreement With Ayres Associates For Highway 33 Project-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE 3-PARTY ENGINEERING SERVICES AGREEMENT WITH AYRES ASSOCIATES AND THE WDOT. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES

(The meeting with the Village of Saukville Board to discuss the sanitary sewer service area for the former Schanen property south of Highway 22 was postponed due to the length of the Council Meeting.)

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 9:48 P.M. Motion carried unanimously.

Table of Contents

TUESDAY, October 21, 2003

MINUTES

CONSENT AGENDA

Approve Minutes of Previous Meeting (October 7, 2003)

Consider Original Operator’s License Applications-Tracy L. Wagner

Consider Combination "Class B" Retail (Tavern)-Hoffman House, LLC (James P. Read) 200 W. Grand Ave./November 1, 2003 to June 30, 2004 (Formerly Lam’s Chinese Restaurant)

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE CONSENT AGENDA EXCEPT THE ORIGINAL OPERATOR’S LICENSE FOR TRACY L. WAGNER. Motion carried unanimously.

MAYOR’S BUSINESS

OFFICER’S REPORTS

Update On 2004 Budget Preparation-City Administrator Grams reported that the Finance and License Committee is meeting Thursday afternoon to finalize the 2004 City Budgets. The Council will review the budgets at the November 4^th Council Meeting and the public hearing and approval of the 2004 City Budgets and tax levy is scheduled for November 18^th. Alderman Schwanz said that while the Finance Committee is reviewing the budgets they should consider not having a full-time Fire Chief since we are trying to cut corners, it would save a lot of money not making the position full-time.

Webster St.-Project is 100% complete. State Hwy 32-Nearing completion; traffic is on both sides; finishing landscaping. Lake Ridge-final surfacing of subdivision is being completed this week.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

(Mayor Huebner asked that Agenda Item #10 A. New Business be moved up)

NEW BUSINESS

Consider Request From WE Energies For A Gas Pipeline Easement Through City Owned Property-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE THE REQUEST FROM WE ENERGIES FOR A GAS PIPELINE EASEMENT THROUGH CITY OWNED PROPERTY AND WAIVE THE OFFER OF OBTAINING A SECOND APPRAISAL. Motion carried unanimously.

COMMITTEES

Finance and License Committee

1. Consider Agreement With Mr. John Mayer To Submit Water Rate Case To PSC-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE AN AGREEMENT WITH MR. JOHN MAYER TO SUBMIT A WATER RATE CASE TO THE PSC UP TO $6,100 BUT TO EXCLUDE THE COST OF SERVICE & RATE DESIGN STUDY. Motion carried unanimously.

2. Consider Water Rate Adjustments To PSC-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO AUTHORIZE MR. JOHN MAYER TO DO AN IMMEDIATE APPLICATION FOR A SIMPLIFIED WATER RATE ADJUSTMENT IN THE AMOUNT OF 3% AND THEN TO DO A STUDY AND PREPARE A FULL RATE CASE APPLICATION FOR SUBMISSION TO THE PSC WITH NEW RATES TO BE EFFECTIVE IN 2004. Alderman Haacke agrees with the simplified water rate adjustment, but feels the Council should take a long look at the full rate case application, as he is not prepared to approve a 14% - 16% rate increase at this time. Alderman Schwanz agrees. Motion carried unanimously.

3. Consider Agreement Between The City And Coyote’s Tavern-MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN JUSHKA TO TABLE THIS ITEM. Motion carried unanimously.

4. Consider Pre-Annexation Agreement With Fiduciary-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE PRE-ANNEXATION AGREEMENT WITH FIDUCIARY. Motion carried unanimously.

BOARDS/COMMISSIONS

Plan Commission

1. Public Hearing For Conditional Use Grant Request From Zignego-Mayor Huebner declared the public hearing open. Bill Nealy, 567 W. Walters St.-Has concerns with traffic on Sunset Rd. Jay Mayer, J & H Heating-This type of business belongs in the industrial park and there is no better place to put it. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN MATTHEWS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Consider Conditional Use Grant Request From Zignego Ready Mix for a temporary concrete batch plant-City Planner Randy Tetzlaff reported that it was the recommendation of staff to make the following revisions to the CUG under Conditions: 1) Item 6.c. – limit the Conditional Use Grant to 9 months, not 2 years and 2) Item 6.d. – Change traffic route as indicated on the CUG. The Plan Commission was of the opinion that restrictions on the use of the facility were also needed. One of the conditions was that the concrete produced at the facility may only be delivered to the power plant construction site and shall not be trucked to other sites either in or outside the City of Port Washington. The owner of Zignego Ready Mix stated that his intention is to only provide concrete for the construction of Unit #1 at the power plant at this time; however, he can’t promise that there won’t be a job coming down the road and still wants the option to be able to service other customers if the need arises. Alderman Haacke has concerns that this operation would be difficult to monitor and feels the applicant should only be allowed to provide concrete for construction at WE Energies. Alderman Schwanz agrees.

City Attorney Eberhardt had legal issues that he felt should be finalized before the CUG is approved. He indicated that we should look at the legal ability of imposing the trade restriction of allowing the applicant to only provide concrete for construction at WE Energies. Attorney Eberhardt asked that any motion made be subject to approval of the CUG in final form and that it include approval of a land covenant. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO TABLE THE CONDITIONAL USE GRANT REQUEST FROM ZIGNEGO READY MIX. Motion carried. 6 ayes, 1 nay (Alderman Babcock)

UNFINISHED BUSINESS

NEW BUSINESS

Consider Request From WE Energies For A Gas Pipeline Easement Through City Owned Property-This item was handled earlier in the meeting.

Approve Display of United Way Banner-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO APPROVE DISPLAY OF UNITED WAY BANNER ON N. WISCONSIN ST. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Matthews-Feels City should be reimbursed for cleaning sidewalk in front of Lueptow’s. The City Attorney will check to see if this item could be included in restitution. Alderman Schwanz-Asked the Alderman to review letter from the BID District concerning Coyote’s Tavern.

PUBLIC COMMENTS/APPEARANCES-Ed Adams, 327 E. James Dr.-Spoke favorably of the Water Utility and what it has done for him and is in favor of a water rate increase. Jan Nealy, 567 W. Walters St.-Concerned about the proposed concrete batch plant in its location on Sunset Rd. where one side is industrial and one side is pretty much residential because children wait for school buses in that area and there is also senior housing. If the concrete batch plant goes in, someone should notify the school district.

MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN HAACKE TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (c) (g) to discuss labor negotiations and to confer with legal counsel with respect to litigation the City is or is likely to become involved. ROLL CALL: Haacke-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously. Meeting adjourned at 8:34 p.m.

Table of Contents

TUESDAY, October 7, 2003

MINUTES

CONSENT AGENDA

Approve Minutes of Previous Meeting (September 16, 2003)

Consider Original Operator’s License Applications-Kristina M. Uselding, April M. King, Bethanne McBurney, Alphonse P. Uselding, Margaret Uselding and Heather A. Reis

Consider Class "B" Retailer’s License (Picnic) Applications-St. Mary’s Congregation/October 12, 2003/446 N. Johnson St. (Tailgate Party) and St. Peter of Alcantara Congregation/1800 N. Wisconsin St./October 24, 2003 and November 14, 2003 (Fish Fry)

Temporary Bartender’s License Applications-Gerald T. Lee and Robert E. Dreier

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

MAYOR’S BUSINESS

A. Mayor Huebner updated the Council on legislation that Representative Gottlieb, along with a senator from Eau Claire, introduced regarding the arbitration law. Three goals of this legislation would be (1) to encourage prompt and fair settlement of public employee contracts, (2) to provide local governments with greater flexibility to work smarter and more efficiently and (3) to make impact on property tax rates a factor in public employee bargaining.

OFFICER’S REPORTS

Mid-Moraine Municipal Association Dinner Meeting-City Administrator Grams reported that the next Mid-Moraine Dinner is scheduled for Wednesday, October 22^nd, which would be hosted by the Village of Slinger. There is also a League of Wisconsin Municipalities Conference in Milwaukee on October 29, 30 and 31 if any of the Aldermen are interested in attending. City Administrator Grams reported that he received a memo from SEWRPC in regards to the sanitary sewer service for the former Schanen Farm property. Before they make an analysis and recommendation, they are requesting that the City get together with the Village of Saukville again to try and resolve this matter.

Update on Projects-WE Energies-Completed street lighting installation on Webster St.; next week the final surface will be done on Webster St. Lake Ridge-Payne & Dolan is patching areas of asphalt damaged over the winter-final surface will be done later next week. Hwy 32-Both lanes of traffic are scheduled to be open October 24^th.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance And License Committee

1. Consider Proposals For Shared Ride Taxi Service-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE BID OF SPECIALIZED TRANSPORT SERVICES, INC. TO PROVIDE SHARED RIDE TAXI SERVICE FOR THE CITY OF PORT WASHINGTON IN 2004. Motion carried unanimously.

2. Approve Submission of Grant Application for Shared Ride Taxi Service-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN HAACKE TO SUBMIT A GRANT APPLICATION FOR THE CITY’S SHARED RIDE TAXI SERVICE. Motion carried unanimously.

BOARDS/COMMISSIONS

Board of Public Works

1. Consider Refuse & Recycling Collection/Disposal Proposals-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE THE BID OF ONYX FOR THE CITY’S REFUSE AND RECYCLING COLLECTION AND ENTER INTO A 5-YEAR CONTRACT, UTILIZING BI-WEEKLY RECYCLING. Motion carried unanimously.

2. Consider Acceptance of Highway 33 as a "Connecting Highway"-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO ACCEPT A PORTION OF STH 33 AS A "CONNECTING HIGHWAY" CONTINGENT UPON REACHING AN AGREEMENT WITH THE TOWN. Motion carried unanimously.

3. Consider Proposal From S.E.H. Engineering for Sale of VOC Air Emission Credits-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE CONTRACT WITH S.E.H. ENGINEERING FOR THE SALE OF VOC AIR EMISSION CREDITS. Motion carried unanimously.

UNFINISHED BUSINESS

Ordinance 2003-16 (Annexing Territory Owned By The Didier Families, St. John’s Lutheran Church And Ozaukee County To The City of Port Washington) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO APPROVE ORDINANCE 2003-16. Motion carried unanimously.

NEW BUSINESS

Resolution 2003-28 (Vacating and Discontinuing an Alley (S. High St.) Within the City of Port Washington)-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2003-28. Motion carried unanimously.

Resolution 2003-29 (Vacating and Discontinuing a Portion of an Alley (W. Larabee St.) Within the City of Port Washington)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2003-29. Motion carried unanimously. City Attorney Eberhardt indicated that it should be duly noted in the minutes that the two resolutions above, vacating and discontinuing an alley, are based on the initiative of the Common Council rather than a petition of the property owners.

Approve Closing a Portion of Franklin St. & Grand Ave. for the Homecoming Parade-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE CLOSING OF A PORTION OF FRANKLIN ST. AND GRAND AVE. FOR THE HIGH SCHOOL HOMECOMING PARADE ON FRIDAY, OCTOBER 10^TH BEGINNING AT 4:00 P.M. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Matthews-Starting at N. Wisconsin St. at King of the Hill and going north to the city limits there are many holes in the street. Why can’t they be filled in? Alderman Schwanz-Has anything been done with the proposed sidewalk on the west side in front of Culver’s? The City Engineer said the street crew never got to it because of other priority projects.

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN HAACKE TO ADJOURN THE MEETING OF THE CITY COUNDIL AT 8:28 P.M. Motion carried unanimously.

Table of Contents

TUESDAY, September 16, 2003

MINUTES

A duly convened meeting of the Common Council was called to order at 7:35 P.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Absent and excused was Alderman Schwanz. Also present: City Administrator Mark Grams, City Attorney Eric Eberhardt, City Engineer Rob Vanden Noven and City Planner Randy Tetzlaff. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meeting (September 2, 2003)

Consider Original Operator’s License Applications-Deborah J. Schneider

Consider Class "B" Retailer’s License (Picnic) Applications-VFW Post #7588 (Ozaukee County Interurban Bike Trail 1^st Anniversary Celebration) September 27, 2003/Ozaukee County Justice Center/West Parking Lot

Temporary Bartender’s License Applications

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

MAYOR’S BUSINESS

Set Date and Time for "Trick or Treating"-Mayor Huebner reported that the Police Department polled neighboring communities regarding their trick or treat hours and their recommendation would be to schedule our trick or treat hours to coincide with Grafton and Cedarburg. Mayor Huebner declared that the City of Port Washington’s "Trick or Treat" hours be as follows: Sunday, October 26^th from 4:00 p.m. – 7:00 p.m.

OFFICER’S REPORTS

A. Update on Projects-WE Energies-City Administrator Grams reported that he received word that the Fairlane is expected to arrive in Port Washington tomorrow evening and depart as early as Friday afternoon. Webster Street-City Engineer Vanden Noven reported that the final portion of Webster St. would be paved tomorrow, followed by lawn restoration and WEPCO starting on street lights. Manhole covers need to be adjusted to final grade, and then paving to take place sometime in October.

PUBLIC COMMENTS/APPEARANCES-Ed Adams, 327 E. James Dr.-Expressed a concern that the City currently does not have a stand-by generator at the Water Utility Plant for emergencies. In view of 911 and the blackout that occurred recently, the Council might want to review their decision to purchase a stand-by generator.

COMMITTEES

Finance And License Committee

1. Consider Pre-Annexation Agreement For Didier Property-Tabled

2. Consider Cabaret License Application-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE A CABARET LICENSE FOR SIR JAMES PUB, 316 N. FRANKLIN ST., FOR AN EVENT IN THEIR PARKING LOT ON SEPTEMBER 27^TH CONTINGENT UPON SAID AREA BEING FENCED OFF, ALCOHOL SOLD IN BUILDING ONLY, SECURITY PROVIDED FOR FENCED AREA, PROOF OF INSURANCE, PERMISSION FROM OWNER OF LAND (PORT WASHINGTON STATE BANK), AND BAND TO PLAY FROM 4-8 P.M. Motion carried unanimously.

3. Request To Reduce Letter Of Credit For Heritage Development-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE REQUEST TO REDUCE THE LETTER OF CREDIT FOR HERITAGE DEVELOPMENT UPON COMPLETION OF PAVING OF STREETS BY THE VALUE OF THE WORK, PLUS $25,000. Motion carried unanimously.

BOARDS/COMMISSIONS

Plan Commission

1. Resolution 2003-27 (Supporting An Agreement Between The City And Ozaukee County For A Grant Application To The Wisconsin Department Of Administration In The Development Of A Multi-Jurisdictional Comprehensive Plan)-Mayor Huebner indicated that the Plan Commission reviewed the resolution and recommended approval, but to make it clear that Port Washington would be doing its own comprehensive planning along with SEWRPC and that it be contingent upon agreeable terms and conditions as set forth in a memorandum of agreement. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE RESOLUTION 2003-27 AS REVISED. Motion carried. 5 ayes, 1 nay (Alderman Matthews) Alderman Haacke pointed out that the Plan Commission’s concern was that when the Memorandum of Agreement is written, that we have significant input into the agreement. A personal comment is that this is another classic example of a state-mandated law where no funds are provided to implement the law, but communities are still expected to comply.

UNFINISHED BUSINESS

Ordinance 2003-13 (Annexing Territory Owned By V. K. Development To The City of Port Washington) 2^nd Reading-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2003-13. Motion carried unanimously.

Ordinance 2003-14 (Annexing Territory Owned By V. K. Development To The City of Port Washington) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE ORDINANCE 2003-14. Motion carried unanimously.

Ordinance 2003-15 (Annexing Territory Owned By WE Energies To The City of Port Washington) 2^nd Reading-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN HAACKE TO APPROVE ORDINANCE 2003-15. Motion carried unanimously.

Ordinance 2003-16 (Annexing Territory Owned By The Didier Families, St. John’s Lutheran Church And Ozaukee County To The City of Port Washington) 2^nd Reading-Tabled

NEW BUSINESS

Approve Closing A Portion Of Milwaukee St. For A Block Party-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO APPROVE CLOSING A PORTION OF MILWAUKEE ST. ON SEPTEMBER 19^TH FROM 4 PM TO 10 PM FOR A BLOCK PARTY. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Mayor Huebner requested that we look into the back-up generator issue and forward it to the appropriate body for future review.

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN JUSHKA TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1)(c)(g) To Discuss Labor Negotiations and confer with legal counsel who is rendering oral or written advice concerning strategy relating to litigation the City is likely to become involved. ROLL CALL: Haacke-aye, Matthews-aye, Babcock-aye, Hudson-aye, Jushka-aye, and Leicht-aye. Motion carried unanimously.

Table of Contents

TUESDAY, September 2, 2003

MINUTES

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present were: City Administrator Mark Grams, City Attorney Eric Eberhardt, City Engineer Rob Vanden Noven and City Planner Randy Tetzlaff. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meeting (August 19, 2003)

Consider Original Operator’s License Applications-There were none.

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

MAYOR’S BUSINESS

Mayor Huebner reported that at the last Plan Commission Meeting, the County gave a presentation on Smart Growth Initiative. The Plan Commission will be discussing this item again at their next meeting and will make a recommendation to the Council on whether to approve or not approve the resolution regarding Smart Growth.

OFFICER’S REPORTS

Sale of Land to Bielinski-City Administrator Grams reported that on Friday morning the City closed on the land sale of City-owned property north of Highway 33 formally known as the Schanen Property. The net amount received was $529,290.31. This money has been budgeted to pay the outstanding loan on the purchase of this property and to pay for a portion of this year’s debt service costs.

Update on Projects-WEPCO-On September 10^th, the Dutch ship Fairlane is expected to arrive in Port Washington with its load of components for the Wisconsin Energy power plant. A high crane on the coal dock will help unload this equipment. WEPCO has a new website with a section on photos where you can watch the construction in action. The new parking area on the bluff is being utilized for buses to shuttle workers back and forth. Webster St.-Curb and gutter were completed on Friday on a section of Webster St. between Jackson and Van Buren. Final grading will be done tomorrow with paving on Thursday. Grading will be done next week on the south portion of Webster St. City officials met with the School District last week to discuss arrangements for school bus routes, signage, parking, etc. The first day of school went well during contruction. Sidewalk Project-Completed on August 22^nd.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

BOARDS/COMMISSIONS

UNFINISHED BUSINESS

NEW BUSINESS

Ordinance 2003-13 (Annexing Territory Owned By V. K. Development To The City of Port Washington) 1^st Reading

Ordinance 2003-14 (Annexing Territory Owned By V. K. Development To The City of Port Washington) 1^st Reading

Ordinance 2003-15 (Annexing Territory Owned By WE Energies To The City of Port Washington) 1^st Reading

Ordinance 2003-16 (Annexing Territory Owned By The Didier Families, St. John’s Lutheran Church And Ozaukee County To The City of Port Washington) 1^st Reading

The above ordinances are required to formally annex the properties into the City. They are a first reading and will be brought back for approval at the next meeting.

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN MATTHEWS TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1)(c) To Discuss Labor Negotiations. ROLL CALL: Haacke-aye, Matthews-aye, Schwanz-aye, Babcock-aye, Hudson-aye, Jushka-aye, and Leicht-aye. Motion carried unanimously.

Table of Contents

TUESDAY, August 19, 2003

MINUTES

CONSENT AGENDA

Approve Minutes of Previous Meetings (August 5, 2003)

Consider Original Operator’s License Applications-Jomon K. Bloedow, Mary D.J. Baumann, Amanda M. Borgenhagen and Matthew J. Kolbach

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HAACKE TO APPROVE THE CONSENT AGENDA, BUT NOT INCLUDING THE ORIGINAL OPERATOR’S LICENSE FOR JOMON K. BLOEDOW. Motion carried unanimously.

MAYOR’S BUSINESS

Presentation On Promoting Port Washington-Mayor Huebner introduced Matt Schultz of GreySunderPrescher, Ltd., a marketing, advertising and public relations firm located in the old Smith Brothers Shanty Building. Mr. Schultz gave a presentation on how his firm could promote the City as a destination for tourism and business, which would be in addition to Ozaukee County Tourism and Ozaukee County Economic Development. He indicated that the objective would be to create a unique identity for Port Washington to make it easier to choose as a place to live, visit or locate a business. The Council then asked questions on this concept plan.

Mayor Huebner reported that because rising costs leave our City short going into the budget process, he sent a letter to all City employees asking for their ideas or suggestions to find ways to cut costs in performing our jobs.

Mayor Huebner indicated that he received a petition from residents on High and Eva Streets to vacate an alley, which the residents thought had been vacated years ago. The City Attorney briefly reviewed the procedure for vacating an alley indicating that when an alley is deemed to be abandoned, a Class (3) notice needs to be published, the matter is referred to the Plan Commission for their review and recommendation and then a resolution is passed by the Council which is then recorded at the Register of Deeds Office. It was noted that there is another abandoned alley in the area of Garfield and Crocker, north of Larabee St. and was suggested that this one be vacated at the same time.

OFFICER’S REPORTS

Preparation of 2004 City Budgets-City Administrator Grams reported that budget worksheets have been distributed to Department Heads. Because the Governor’s veto on the tax and levy freeze was not overridden, there will not be a levy freeze this year. However, he indicated that we still want to meet our goals of remaining eligible for the State Expenditure Restraint Program and keeping the departmental budget increases at 3.5% or less.

Update on Projects-Webster St.-Payne & Dolan is doing the grading on Webster St. between Jackson and Van Buren and Musson Bros, Inc. is working on the water main and storm sewer. September 6^th would be a realistic goal to complete this project. Sidewalk Replacement-project should be finished by Thursday.

PUBLIC COMMENTS/APPEARANCES-Chris Arendt, 123 & 125 S. High St.-Ms. Arendt commented on the petition that she and her neighbors presented to the Mayor regarding a request to vacate an alley and be divided equally between the properties adjoining the alley. She indicated that she is trying to sell her home, but cannot get a clear title until the alley adjacent to her property is vacated. The neighbors thought it had been vacated for years, but they recently found out this was not the case. Rick Nelson, 1432 Noridge Trail-He indicated that he is working on Harley Fest and found out today that the Harley dealer in Thiensville would like to park a 40-foot trailer in an area north of the Marina off of Washington St. where merchandise could be sold from the trailer. He asked if this request needed Council approval. This area would be roped off and bikers will be able to wash their motorcycles. The Port Washington Historical Society is sponsoring the event. Mayor Huebner indicated that this item would be discussed under New Business, Item 10. B.

COMMITTEES

Finance and License Committee

1. Consider Agreement Between City and ESKB, LLC (Coyotes)-Tabled

2. Ordinance 2003-12 (Amendment To Municipal Code Regarding Cabaret Licenses) 2^nd Reading-City Attorney Eberhardt summarized changes that he made to the ordinance since the last reading. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2003-12. A discussion followed on item 9.15.040, 10 of the ordinance regarding hours of the day music is to be restricted and the zoning districts to which the noise limitation relates. Number 10 would read, "Efficient means shall be employed to prevent ordinary sounds of music, dancing, singing or entertainment within the cabaret from being heard on adjoining premises or on the public street which abuts a building containing a residential dwelling. No cabaret establishment shall be permitted to provide music, dancing, singing or entertainment from 1 a.m. to 11 a.m., unless an applicant or licensee has obtained a permit from the Common Council to provide music, dancing, singing or entertainment at other hours." MOTION BY ALDERMAN

SCHWANZ, SECOND BY ALDERMAN HAACKE TO AMEND THE HOURS TO 12 A.M. TO 11 A.M. Motion carried unanimously. Vote on original motion. Motion carried unanimously.

BOARDS/COMMISSIONS

UNFINISHED BUSINESS

NEW BUSINESS

Resolution 2003-26 (Accepting Petition For Direct Annexation Filed By The Didier’s, St. John’s Lutheran Church And Ozaukee County)-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2003-26. Motion carried unanimously.

Approve Reserving Parking Stalls In The Downtown Area For Harley Fest-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO RESTRICT PARKING ON A PORTION OF E. WASHINGTON STREET FOR MOTORCYCLISTS ONLY WHERE MOTORCYCLES CAN BE WASHED AND HARLEY MERCHANDISE SOLD. Motion carried unanimously. It is noted that the Port Washington Historical Society is the lead group for the event.

Approve The Following Street Closings For Block Parties:

1. August 31^st, Milwaukee St. Between Dodge & Pierre Lane, 4 P.M. To 11 P.M.

2. September 6^th, Martin Dr. And Bley Parkway

3. September 6^th, Montgomery St., Between Jackson And Washington Streets

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN LEICHT TO APPROVE THE ABOVE MENTIONED STREET CLOSINGS FOR BLOCK PARTIES. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES-Jack Gahan, High St.- Commented on the abandonment of the alley on High Street. He said there was never an alley, except on the map, but they’ve been paying taxes on it over the years because it was never properly vacated.

ADJOURNMENT-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:44 P.M. Motion carried unanimously.

Table of Contents

TUESDAY, August 5, 2003

MINUTES

A duly convened meeting of the Common Council was called to order at 7:35 P.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present were: City Administrator Mark Grams, City Attorney Eric Eberhardt, City Engineer Rob Vanden Noven and City Planner Randy Tetzlaff. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meetings (July 1, 2003, July 21, 2003 and July 28, 2003)

Consider Original Operator’s License Applications-Jackie K. Villiard, Dawn M. Wetzel, Maurice C. LaPlant and LoriLee L. Kindermann

Consider Temporary Class "B" Retailers License Application (Picnic)-Ozaukee County Trades & Labor/Veterans Memorial Park, Band Shell/September 1, 2003

Consider Cabaret License Application-Ozaukee County Trades & Labor/Veterans Memorial Park, Band Shell/September 1, 2003

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

MAYOR’S BUSINESS

Proclamation Proclaiming The Week Of August 10^th – 17^th, 2003 As St. Mary’s 150^th Anniversary Week-Mayor Huebner read the proclamation for St. Mary’s 150^th Anniversary Week. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE PROCLAMATION PROCLAIMING THE WEEK OF AUGUST 10^TH – 17^TH AS ST. MARY’S 150^TH ANNIVERSARY WEEK. Motion carried unanimously.

Mayor Huebner commented on Omni Quip International’s announcement that they will be closing their plant in Port Washington. They plan to start the shutdown in two months. City Administrator Grams mentioned that the City would be talking with the Department of Commerce about the marketability of the buildings. The City will be contacting the owners about how to make the buildings serviceable for future businesses.

OFFICER’S REPORTS

Preparation of 2004 City Budgets-City Administrator Grams reported that the Finance & License Committee reviewed his memo regarding the 2004 Budget Guidelines and background information. The budget goals for 2004 are to hold the City’s equalized tax rate increase to a zero percent increase and to continue eligibility for the State Expenditure Restraint Program by keeping the departmental budget increases at 3.5% or less. The City Administrator also

discussed the "levy freeze" requirements and the possible negative effect it would have on economic development.

B. Update On Projects-WE Energies-They will begin pile driving and there may be some vibrations as a result of this. Webster St.-Paving work is progressing on Jackson, Hillcrest and Montgomery. Sidewalk Replacement-Project is halfway complete. Should be done by end of this week or next week. Hwy 32 Project-Traffic has been moved to northbound lanes.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

Finance and License Committee

1. Ordinance 2003-12 (Amendment To Municipal Code Regarding Cabaret Licenses) 1^st Reading-The City Attorney reviewed the draft of the ordinance regarding amendments to the Cabaret License. He indicated that the key provisions to this ordinance are (1) it separates the procedure for review, renewal, suspension or revocation of the Cabaret License from the Alcohol Beverage License procedure, (2) the ordinance creates standards that this Council or future Councils can look to when suspending or revoking a Cabaret License, and (3) the ordinance is easy to understand and follow procedures for non-renewal of a Cabaret License. The City Attorney also mentioned that in the future an important order of business would be to re-codify the ordinances because of the inconsistencies. Alderman Babcock commented on the Amusement License that is required for establishments that do not serve alcoholic beverages.

2. Consider 3-Year Contract With Mad Bomber For 4^th Of July Fireworks-Tabled

BOARDS/COMMITTEES

Board of Public Works

1. Consider Sidewalk Assessment Policy For Certain Corner Lots- Mr. Joe DeLucia, 902 N. Webster St.-Addressed the Council regarding his letter to the City Engineer requesting a fair determination of special assessments for sidewalk replacement for the unusual physical dimensions of his property. The dispute was the method the City used in determining the long and short side. He feels the property should be divided at the handicap ramp and not the center of the arch and is willing to split the cost with the City. He feels most of the sidewalk damage is due to tree roots. MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO ACCEPT THE RECOMMENDATION OF THE BOARD OF PUBLIC WORKS WHICH APPROVES THE CITY ENGINEER’S SIDEWALK ASSESSMENT POLICY. Motion carried unanimously.

UNFINISHED BUSINESS

Resolution 2003-21 (Release And Termination Of Storm Sewer Easement)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALERMAN JUSHKA TO APPROVE RESOLUTION 2003-21. Motion carried unanimously.

NEW BUSINESS

Resolution 2003-22 (Accepting Petition For Direct Annexation Filed By V. K. Development Corporation)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2003-22. Motion carried unanimously.

Resolution 2003-23 (Accepting Petition For Direct Annexation Filed By V. K. Development Corporation)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE RESOLUTION 2003-23. Motion carried unanimously.

Resolution 2003-24 (Accepting Petition For Direct Annexation Filed By WE Energies)-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN SCHWANZ TO APPROVE RESOLUTION 2003-24. Motion carried unanimously.

Resolution 2003-25 (Rejecting Petition For Direct Annexation Filed By The Didier’s, St. John’s Lutheran Church And Ozaukee County)-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO REJECT RESOLUTION 2003-25. Motion carried unanimously.

Consider Block Party For North Terrace Drive, August 23^rd-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APPROVE CLOSING OF THE STREET FOR A BLOCK PARTY ON THE 1800 BLOCK OF TERRACE DRIVE ON AUGUST 23^RD FROM 2:00 P.M. TO 7:00 P.M. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Hudson-The State budget and levy freeze complicate matters for the City, but it will be taken care of on a local level. Alderman Jushka-What is the status of the sidewalk by Culver’s? City Engineer Vanden Noven reported that it is still on the "to do" list, and more time would be devoted to the project in September. Alderman Leicht-Has mixed emotions on the way we assess sidewalks. Still feels the City should come up with a more standardized policy.

PUBLIC COMMENTS/APPEARANCES-None

ADJOURNMENT-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:34 P.M. Motion carried unanimously.

Table of Contents

SPECIAL CITY COUNCIL MEETING

MONDAY, JULY 28, 2003

MINUTES

A special meeting of the Common Council was called to order at 4:30 P.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: City Administrator Mark Grams.

Consider Cabaret License For Country Inn & Suites (Critic’s Corner And Lakeview Conference Center), 350 E. Seven Hills Road/July 1, 2003 to June 30, 2004-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE THE CABARET LICENSE FOR COUNTRY INN & SUITES (CRITIC’S CORNER AND LAKEVIEW CONFERENCE CENTER), 350 E. SEVEN HILLS ROAD FOR JULY 1, 2003 TO JUNE 30, 2004. Motion carried unanimously.

Consider Request From BID District To Approve Closing A Portion Of N. Franklin St. For Maxwell Street Day, August 2, 2003-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO APPROVE CLOSING A PORTION OF N. FRANKLIN ST. FOR MAXWELL STREET DAY, AUGUST 2, 2003. Motion carried unanimously.

WITH NO FURTHER BUSINESS, MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 4:34 P.M. Motion carried unanimously.

Table of Contents

SPECIAL CITY COUNCIL MEETING

MONDAY, JULY 21, 2003

MINUTES

A special meeting of the Common Council was called to order at 6:30 P.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Absent & excused was Alderman Haacke. Also present: City Administrator Mark Grams and City Attorney Eric Eberhardt.

CONSENT AGENDA

Original Operator’s License Applications-Wendy J. Fortino, Tracy M. Meyer, Jon J. Neitzke, Cassandra M. Olewinski, Ashley M. Wendt, Joshua R. Denhardt and Melissa L. Cassidy

Original Combination "Class B" Tavern License-Alphonse Uselding/Pier 6/329 N. Franklin St./August 1, 2003 to June 30, 2004

Civic License-Port Washington Business Improvement District/Maritime Heritage Festival/Port Washington Marina/July 26, 2003

Temporary Class "B" Retailer’s License (Picnic)-Port Washington Business Improvement District/Maritime Heritage Festival/Washington Street – North Slip Parking Lot-July 26, 2003

Cabaret License-Port Washington Business Improvement District/Maritime Heritage Festival/Rotary Park/Centennial Pavilion/July 26, 2003

Temporary Bartender’s License Application-St. Peters/St. Mary’s Festival-Richard F. Plier

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN JUSHKA TO APPROVE THE CONSENT AGENDA. Motion carried unanimously.

CONSIDER SPONSORSHIP AGREEMENT WITH WE ENERGIES (Free Swim Days at Pirates Hollow Water Park)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE THE SPONSORSHIP AGREEMENT WITH WE ENERGIES FOR FREE SWIM DAYS AT PIRATES HOLLOW WATER PARK. Motion carried unanimously.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT 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 concerning strategy to be adopted with respect to litigation the City is involved in. ROLL CALL: Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously.

Table of Contents

TUESDAY, July 1, 2003

MINUTES

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present were: City Administrator Mark Grams, City Attorney Eric Eberhardt, and City Engineer Rob Vanden Noven. City Planner Randy Tetzlaff was absent & excused. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meetings (June 17, 2003 and June 25, 2003)

Consider Original Operator’s License Applications-Wendy L. VanDyck, Jason C. Barber, Nicole D. Bennett and Amy L. Bria

Consider Temporary Bartender’s License Applications-St. Peters/St. Marys Parish Festival-Patrick A. Hans, Port Washington Rotary-Robert D. Helm, James D. Asplin, James V. Biever, John W. Lohre, and Michael S. Haggenjob, Port Washington Kiwanis Club-Weldon N. Reed, John Sigwart and Louise E. Reed, Port Washington-Saukville Jaycees-Debra J. Pawling, Jodi S. Nault and Michael C. Gasper

Consider Renewal of Operator’s Licenses-Blake J. Cieszynski, Jennie Dixon, Roxanne Fay, Jason Gutzman, Bonnie L. Kitt, and Carmen L. Cossette

Consider Temporary Class "B" Retailer’s License Applications-Port Washington Rotary Club/July 19, 2003 (Fish Day), Port Washington Kiwanis Club/July 19, 2003 (Fish Day), and Port Washington-Saukville Jaycees/July 19, 2003 (Fish Day)

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

MAYOR’S BUSINESS

OFFICER’S REPORTS

Update On State Budget-City Administrator Grams reported that when preparing the City budget, we would have to see what comes out of the Governor’s Office. Legislation has approved the Utility Aid Payment and it appears the Governor is committed to signing the bill.

Update on Projects-WE Energies informed me that there will be blasting at the Power Plant tomorrow as part of the demolition. Park & Recreation Director Jay

Jansen reported that Friends of Rotary Park did a wonderful job in maintaining the park. On behalf of the Park & Rec Board I would like to publicly recognize Elizabeth O’Connell and her gardeniers for all their volunteer work in Rotary Park. Their efforts are greatly appreciated. Highway 33-Work is programmed for 2007. Design work would be done by a consultant. There is a meeting on July 8^th. The City will be working with the town on agreements and funding issues. Highway 32-They are one to two weeks behind the original schedule. Traffic will be moved on July 17^th. Webster St. Project-Going strong-working on water main on Hillcrest. Powers & Kane-Paving would be done next week (water main construction project from last year). Sidewalk Project-Sidewalk Replacement Project to start next week Monday.

Fourth of July Celebration-City Administrator Grams reviewed the events taking place in the City for the Fourth of July Celebration. July is Festival Month. There will be a meeting with the Fish Day Committee to go over the details for this year’s Fish Day to be held on July 19^th.

PUBLIC COMMENTS/APPEARANCES-Ann Comer, 224 N. Franklin St.-Appearing to comment on her opposition to the request for a Cabaret License for Coyotes. The cabaret license at this business is a nuisance. The inappropriate conduct at the time of closing is directly related to the bar business at Coyotes. Why should one business control the fate of other businesses on that block? Barb Arrowood, 131A E. Washington St.- Commented about noise from the bar, loitering and obnoxious behavior in her yard. Erik Straseske, owner of Coyotes, 219 N. Franklin St. and his Attorney Donald Fraker-Attorney Fraker distributed a handout to the Council regarding what he would be discussing. He indicated that he had a meeting yesterday with the City Attorney, City Administrator, Chief of Police, Captain and Alderman Hudson to discuss how the owner might remedy the concerns of the neighbors. He indicated that Mr. Straseske would cooperate and do whatever is necessary to correct those concerns. Some of their ideas to accomplish this would be having security persons to patrol the parameters of the building, and reduce the volume of the music by revamping the sound system. Mr. Straseske is requesting a temporary cabaret license for the weekends in July and use this month as a trial period. Erik Straseske, Beaver Dam, Wis.-Indicated that his attorney addressed many of the concerns of his neighbors. He was not aware of these concerns and would be more than willing to take everyone’s suggestions to rectify the problems. This is his livelihood and he wants to run a successful business. He wants to be part of the community and has donated to local charities. He is willing to listen. Dan McCotter, 215 N. Franklin St.-Submitted a letter the last time the cabaret license was up for approval. He encourages the Council to deny the cabaret license as the situation has not improved. He submitted pictures to show the mess outside of the building. The actions in the last two weeks don’t justify another chance to improve the concerns of the neighbors. Barney Bannon, 132 Bley Parkway and owner of the building-He feels this is a professionally run business and does not see anything different than in other establishments. This is a successful business and is positive for the downtown area. Issues with the neighbors should be worked out. The cabaret license is a part of this business.

COMMITTEES

Finance and License Committee

1. Resolution 2003-20 (Resolution Authorizing The Redemption Of Taxable Bond Anticipation Notes Dated March 1, 2001)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2003-20. Motion carried unanimously.

2. Consider Cabaret License Application-MOTION BY ALDERMAN HUDSON TO ISSUE A CABARET LICENSE FOR COYOTES FOR JULY 25^TH AND 26^TH AND AUGUST 1^ST AND 2^ND. Motion dies for lack of a second. City Attorney Eberhardt summarized and commented on the City’s current cabaret ordinance and the steps in the non-renewal process. He indicated that with the current City ordinance, the complainant has to file his complaint in writing and under oath with the City Clerk. He noted that the letters sent to the City Clerk regarding concerns with the cabaret license for Coyotes were not under oath. His recommendation would be to allow the proprietor to implement the steps he said he would take to remedy the complaints and allow the proprietor to reapply for a yearly or per event cabaret license at a later date. No further action was taken by the Council.

3. Use Of Park & Rec Capital Improvement Account Balance-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE USING EXCESS CAPITAL IMPROVEMENT ACCOUNT FUND BALANCES TO PURCHASE A NEW SCOREBOARD AT T.J. MIDDLE SCHOOL SOFTBALL FIELD IN COLLABORATION WITH THE PORT WASHINGTON STATE BANK. Motion carried unanimously.

BOARDS/COMMITTEES

UNFINISHED BUSINESS

Discuss The Sanitary Sewer Service Area For City Owned Property (Former Schanen Farm) South Of Highway 33-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO PURSUE WITH SEWRPC PLACING THE ENTIRE PARCEL INTO THE CITY’S SANITARY SEWER SERVICE AREA. Motion carried unanimously.

NEW BUSINESS

License Agreement With Port Hotel-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN JUSHKA TO APPROVE THE LICENSE AGREEMENT BETWEEN THE CITY AND PORT HOTEL FOR A 99 YEAR LEASE AND HAVING THE FOOTAGE COMPLETED BY THE CITY ENGINEER. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES

ADJOURNMENT-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:50 P.M. Motion carried unanimously.

Table of Contents

SPECIAL CITY COUNCIL MEETING

Wednesday, June 25, 2003

MINUTES

A Special City Council Meeting was called to order at 10:30 A.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Harold Matthews, Armin Schwanz, Tom Hudson, Pete Jushka and Karl Leicht. Absent and excused were Aldermen Al Haacke and Burt Babcock Also present was City Administrator Mark Grams.

CONSIDER AGREEMENT TO DREDGE MARINA CHANNEL-MOTION BYALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO APPROVE FUNDING AND THE AGREEMENT BETWEEN DLH CONSTRUCTION AND TRUCKING, INC. AND THE CITY OF PORT WASHINGTON FOR MAINTENANCE DREDGING AT THE MARINA FUEL DOCK AS RECOMMENDED BY THE CITY ATTORNEY. Motion carried unanimously.

RESOLUTION 2003-19 (Resolution Authorizing The Sale Of $1,000,000 General Obligation Promissory Notes)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2003-19. Motion carried unanimously.

ADJOURNMENT-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN LEICHT TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 10:45 A.M. Motion carried unanimously.

Table of Contents

TUESDAY, June 17, 2003

MINUTES

CONSENT AGENDA

Approve Minutes of Previous Meeting (June 3, 2003)

Consider Original Operator’s License Applications-Joanna L. Koenig, Lucas C. Lauderback, John D. Scioli, Dan Wang and Zhong Lin

Consider Combination "Class B" License Applications-JAZ Enterprises, Inc. dba Port Hotel (Joseph A. Zankl) 101 E. Main St., Pat C. Montalto/Sundance/551 N. Wisconsin St., Beanie’s, Inc. (Joan B. Nigrelli) 102 E. Grand Ave., Pasta Shoppe, LLC (James R. Kiesow) 323 N. Franklin St., B & C Operating Co., LLC (William R. Goldammer, II) 100 N. Franklin St., I & B, Inc. (Irving E. Carlson) The Wilson House/200 N. Franklin St., Harbor Hills, Inc. (Robert C. Nisleit) 101 Freeman Dr., Lakeview Hospitality, Inc. (Kenneth G. Strupp) Country Inn & Suites/350 E. Seven Hills Rd., Wendy J. Corgiat/Chuck’s Engine Room/201 W. Grand Ave., George King, Jr./King On The Hill/601 N. Wisconsin St.

Consider Original Combination "Class B" License Applications-Colleen Baumann/T.T.’s Tiny Tavern/329 N. Franklin St., Gopher One, Inc. (Donna R. Jarolimek) 605 W. Grand Ave., ESKB, LLC dba Coyotes (Erik Straseske) 219 N. Franklin St.

Consider Combination "Class A" License Application-Schneider Foods, Inc. (Daniel J. Schneider) Sentry Foods/101 W. Seven Hills Rd.

Consider Class "B" Fermented Malt Beverage License Application-China Buffet of Port Washington, Inc. (Zhong Lin) 201 W. Seven Hills Rd.

Consider Temporary Class "B" Retailer’s Licenses (Picnic)-Port Washington Yacht Club/July 19, 2003 (Fish Day), St. Peter’s Catholic Church/1800 N. Wisconsin St./8/8/03 – 8/9/03 (Church Festival)

Consider Temporary Bartender’s License Applications-Port Washington Yacht Club-James O. Vollmar, St. Peter’s Catholic Church-Daniel P. Becker, VFW Post #7588-Wesley R. Blumenberg, Gerald L. Zeckmeister, Daniel S. Pals and Tony R. Young

Consider Brewers/Wholesale License Application-Harbor City Brewing Company, Inc. (James R. Schueller) 535 W. Grand Ave.

Consider Renewal of Operator’s License Applications-List on file with original copy of minutes

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

MAYOR’S BUSINESS

Proclamation Honoring Mr. Paul Ehrlich-Mayor Huebner read a proclamation honoring Mr. Paul Ehrlich for his many years of service on the Zoning Board of Appeals.

Mayor Huebner gave an update on combining our Fire Department with the Village of Saukville’s Fire Department. He reported that he received a reply from the Village President of Saukville indicating that before any consideration is given on this idea that the City provide financial proof that it would be a viable option for them. Mayor Huebner indicated that this matter should be put on hold until it is pursued further.

Mayor Huebner had a brainstorming session last week with business owners regarding ideas for the Harley Davidson Festival.

OFFICER’S REPORTS

Update On Projects-Port Washington Power Plant-WE Energies received permission from the DNR to build a by-pass from Mineral Springs Creek. Work is being done on the new access road at Western Avenue. Paving of the access road will be done sometime mid to late June. WE Energies has established a Port Washington hotline number 262-689-0068 for any questions and concerns individuals may have. Yacht Club-Work is finished connecting the sewer lateral into a sewer main. Webster St. Project-Letter was sent out to residents explaining the schedule. Hwy 32 Project-There is progress on the concrete work. Traffic should be moved over the second week in July.

State Budget Update-City Administrator Grams reported that the Joint Finance Committee passed the Utility Aid Proposal. Now it goes to the Senate and Assembly. It would be financially beneficial for the City if this proposal gets approved.

PUBLIC COMMENTS/APPEARANCES

COMMITTEES

Finance and License Committee

1. Consider Cabaret License Applications-Alderman Hudson indicated that four of the cabaret licenses are recommended for a one-year license, but it is the recommendation of the Finance and License Committee that Coyotes be required to apply for each cabaret performance because of noise concerns from neighbors. City Attorney Eberhardt indicated that the minutes should reference the letters from surrounding property owners regarding their concerns, as there are other behavior problems involved. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE FOUR CABARET LICENSES AS LISTED IN THE AGENDA PACKET AND THAT COYOTES BE APPROVED ON AN INDIVIDUAL BASIS WITH CABARET MUSIC TO END AT MIDNIGHT. 3 ayes (Babcock, Hudson and Jushka) 4 nays (Haacke, Matthews, Schwanz and Leicht) Motion failed. MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE CABARET APPLICATIONS AS A ONE-YEAR LICENSE FOR PAT C. MONTALTO/SUNDANCE, B & C OPERATING CO., LLC/SMITH BROS. RESTAURANT, AND HARBOR HILLS, INC./HARBOR HILLS RECREATION, AND ST. PETER’S CATHOLIC CHURCH/AUGUST 8 – 9, 2003 AND TO DENY THE ONE-YEAR CABARET LICENSE FOR COYOTES. Motion carried unanimously.

2. Agreement With Watson’s Vending Service To Operate At Water Park-MOTION BY ALDERMAN HUDSON, SECOND BY ALERMAN SCHWANZ TO APPROVE WATSON’S VENDING FOR SERVICE AT PIRATES’ HOLLOW WATER PARK. Motion carried unanimously.

3. Resolution 2003-18 (Initial Resolution Authorizing The Borrowing Of Not To Exceed $4,500,000; Providing For The Issuance And Sale Of General Obligation Promissory Notes Therefor; And Levying A Tax In Connection Therewith)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE RESOLUTION 2003-18. Motion carried unanimously.

BOARDS/COMMITTEES

Plan Commission

1. Public Hearing In Regards To The Conditional Use Grant Application For The Port Hotel-Mayor Huebner declared open the public hearing. Mr. Joe Zankl, Owner of the Port Hotel, gave an overview of his request to serve food and beverages on a newly proposed outdoor deck on the southwest corner of the property. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Consider Conditional Use Grant Application For The Port Hotel- MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CONDITIONAL USE GRANT APPLICATION FOR THE PORT HOTEL. City Planner Randy Tetzlaff reviewed the conditions listed on the CUG document. He indicated that the Plan Commission approved the Conditional Use Grant. However, when the Building Inspector looked at the property he said that the property line goes through the building and is encroaching on the public right-of-way. City Planner Tetzlaff indicated that a way to resolve the issue would be to approve the CUG with a condition that a license agreement is obtained by the applicant. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO AMEND THE MOTION TO INCLUDE THE CONDITION THAT A LICENSE AGREEMENT IS OBTAINED BY THE APPLICANT. Motion carried unanimously. Original motion carried unanimously as amended.

UNFINISHED BUSINESS

Public Hearing In Regards To The Levying Of Special Assessments For The Webster St. Reconstruction Project-Mayor Huebner declared open the public hearing. There were no comments. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Public Hearing In Regards To The Levying Of Special Assessments For The Sidewalk Improvement Program-Mayor Huebner declared open the public hearing. Joe De Lucia, 902 N. Webster St.-In regard to his sidewalk assessment, because of the irregular shape of his corner lot he had a question on determining what is the long side and what is the short side? Mr. De Lucia presented a sketch of his property lines to illustrate his concern. City Engineer Rob Vanden Noven indicated that he did take a look at his property and recommended that we use the 100-foot side for assessing the property owner. After further discussion, the City Engineer indicated that we could take the total cost and divide it in two. The City Attorney said that we cannot change policy at a public hearing and suggested that we check with other communities to see what their policy is on irregular shaped lots. Mayor Huebner recommended that we define our policy so that these cases are treated in a fair and equitable way. Gary Winkelhorst, 927 N. Benjamin St.-The reason his sidewalk needs to be replaced is because of a tree located between the curb and sidewalk whose roots have lifted the sidewalk. His contractor suggested that the City remove the tree prior to putting the new sidewalk in or in five years the same thing could happen. The City Engineer will look at this property to see if the tree has to be removed. Thomas Haas, 933 N. Benjamin St.-Has the same situation with tree roots in the way of the sidewalk. He said he has talked to contractors to get an estimate and they refuse to do the work because of tree roots. Mitchell Eliason, He wanted to know if he could use a different contractor to replace his sidewalk. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

NEW BUSINESS

Resolution 2003-17 (Release And Termination Of Water Main Easement)-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO APPROVE RESOLUTION 2003-17. 6 ayes, 1 abstain (Alderman Leicht) Motion carried.

Hiring Of Water Treatment Plant Operator (Replacement)-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO APPROVE HIRING MICHAEL KAPP FOR THE POSITION OF WATER TREATMENT PLANT OPERATOR AT $15.49/HR. CONTINGENT UPON COMPLETION OF A POLICE BACKGROUND INVESTIGATION AND PHYSICAL EXAM. Motion carried unanimously.

Petitions For Annexation From V.K. Development Corp.-City Administrator Grams indicated that these petitions are informational. The Plan Commission will review them on Thursday night. The City Attorney indicated that the timeline for petitions for annexations is final action must be taken in 120 days from the date the petition is filed.

Petition For Annexation From The Didiers, St. John’s Lutheran Church And Ozaukee County-This item is informational and will be referred to the Plan Commission for their review.

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES-None

There is no closed session. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 8:50 P.M. Motion carried unanimously.

Table of Contents

TUESDAY, June 3, 2003

MINUTES

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present were: City Administrator, Mark Grams, City Attorney Eric Eberhardt, City Engineer Rob Vanden Noven and City Planner Randy Tetzlaff. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meeting (May 20, 2003)

Consider Original Operator’s License Applications-Sheila D. Lazer, Nicole L. Moza, Jennifer C. Smolos, Ashlie E. Paulus, and Jennifer L. Thill

Consider Combination "Class B" License Applications- Herbert James/Sir James Pub/316 N. Franklin St., Schooner Pub, Inc. (Mark R. Poull) 114 N. Franklin St., Van Ells-Schanen American Legion Post #82 (Ray Wendt) 435 N. Lake St., Buchel’s Colonial House, Inc. (Joseph E. Buchel) 1000 S. Spring St., and Willie’s Lakefront Lanes, Inc. (Gayle Wilber) 119 E. Main St.

Consider Class "B" Fermented Malt Beverage License Applications-Port Washington Yacht Club (Jean Gruen) 430 N. Lake St., John’s Tavern & Pizzaria (John J. Crowley) 117 E. Main St., and Dockside Deli, Inc. (Mary Ann Voigt) 218 E. Main St.

Consider Cabaret License Applications-Schooner Pub, Inc. (Mark R. and Karen R. Poull) 114 N. Franklin St. and Willie’s Lakefront Lanes (Gayle Wilber) 119 E. Main St.

Consider Temporary Class "B" Retailer’s License Applications-Ozaukee Lodge #17/504 W. Grand Ave./July 19, 2003 (Fish Day) and the Port Washington VFW Post #7588/Upper Lake Park/July 19, 2003 (Fish Day)

Consider Temporary Bartender’s License Applications- Ozaukee Lodge #17-Lowell A. Tainter, Theodore J. Schweitzer, II, Erwin A. Wuehr, Craig G. Heatwole, Thomas J. Abbott, David E. Tainter and Kenneth Matthews

Consider Renewal of Operator’s License Applications-List on file with original copy of minutes

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

MAYOR’S BUSINESS

A. Mayor Huebner gave a brief update on his walk through the downtown area. He was joined by Merton Lueptow of the BID District. They discussed ideas on preserving the historic character of downtown, as well as ways to make it more pedestrian friendly. He indicated that he would put together a briefing and submit it to the Council for review.

OFFICER’S REPORTS

A. Update On Projects-Powers Street will be getting another layer of asphalt and the street crew will be replacing sections of the curb. Webster Street reconstruction is on schedule. Construction on Jackson St., Hillcrest Ct. and Montgomery St. will begin in mid-June. The Hwy 32 Project is on schedule. WE Energies-demolition and construction is moving along. The bluff work is 99% complete. Construction work on the Hwy C intersection will begin next Monday. Demolition work is continuing on Unit #4. Mayor Huebner reported that WE Energies is getting people in the neighborhood involved. They are updating the residents on the construction project and are getting feedback from them on their concerns, which is good positive action by WE Energies.

PUBLIC COMMENTS/APPEARANCES-There were none.

COMMITTEES

Finance and License Committee

1. Review Report For The Borrowing Of 2003 Capital Projects-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO ACCPET THE REPORT PREPARED BY RAY OSNESS OF GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. ON THE BORROWING OF 2003 CAPITAL PROJECTS. Motion carried unanimously.

2. Resolution 2003-12 (Preliminary Resolution To Levy Special Assessments For 2003 Sidewalk Improvements)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE RESOLUTION 2003-12. Motion carried unanimously.

3. Resolution 2003-13 (Preliminary Resolution To Levy Special Assessments For 2003 Street Improvements)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2003-13. Motion carried unanimously.

4. Resolution 2003-14 (Charge Off Of Accounts)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE RESOLUTION 2003-14. Motion carried unanimously.

BOARDS/COMMITTEES

UNFINISHED BUSINESS

Ordinance 2003-11 (Amend Assessment Letter Fees) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2003-11. Motion carried unanimously.

NEW BUSINESS

Public Hearing To Narrow A Portion Of The Maritime Drive Public Right-Of-Way- Mayor Huebner declared open the public hearing. There were no comments. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Resolution 2003-15 (Narrowing A Portion Of The Maritime Drive Public Right-Of-Way And Amending The Official Map)-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN JUSHKA TO APPROVE RESOLUTION 2003-15. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN HAACKE TO AMEND THE MOTION TO BE APPROVED CONTINGENT ON GRANTING OF A STORM SEWER EASEMENT. Motion carried unanimously.

Approve Closing A Portion Of E. Main Street For The Farmer’s Market-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APPROVE CLOSING A PORTION OF E. MAIN STREET FOR THE FARMER’S MARKET EACH SATURDAY MORNING FROM 7:30 A.M. TO 12:00 P.M., COMMENCING SATURDAY, JULY 5, 2003 THROUGH SATURDAY, OCTOBER 25, 2003 EXCLUDING FISH DAY. Motion carried unanimously.

Resolution 2003-16 (A Resolution Supporting Ozaukee County Resolution 03-1 Regarding Shared Data Initiative)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2003-16. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Babcock-pleased that we are working together with WE Energies during their construction project. Alderman Hudson-the County Environmental Department is looking for volunteers to help pull garlic mustard weeds in the Sauk Creek Nature Preserve. Alderman Jushka-had calls from residents who are concerned about people not obeying the "Pooper Scooper" ordinance on the bike trail. Signage should be put up. City Attorney Eberhardt indicated that we should consult the agreement with the County for the bike trail regarding uniform signage. City Administrator Grams indicated that he and Mayor Huebner attended a public hearing in Madison on Thursday regarding Assembly Bill #378, which deals with Utility Aid Payments to Municipalities. The Mayor testified in favor of the bill and comments made by members of the Assembly Committee were mostly in favor of the bill.

PUBLIC COMMENTS/APPEARANCES-There were none.

MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO GO INTO CLOSED SESSION ACCORDING TO WISCONSIN STATE STATUTE 19.85 (1)(c)(e) to discuss labor negotiations and the purchase and/or sale of public properties whenever competitive or bargaining reasons require a closed session. ROLL CALL: Alderman Haacke-aye, Alderman Matthews-aye, Alderman Schwanz-aye, Alderman Babcock-aye, Alderman Hudson-aye, Alderman Jushka-aye and Alderman Leicht-aye. Motion carried unanimously.

RECONVENE INTO OPEN SESSION-The Council reconvened into Open Session at 8:40 p.m.

MOTION WAS MADE BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEIGHT TO APPROVE THE LABOR AGREEMENT WITH LAW, THE POLICE UNION. Motion was carried unanimously.

The Council then recessed to travel to the Saukville Village Hall to meet with the Saukville Village Board to discuss the sanitary sewer service area for the former Schanen property, south of Highway 33. The Council convened with the Village Board at 8:55 p.m.

The City Administrator gave background information to the Council and the Village Board in regards to previous plans to develop this property as a joint soccer field area for the City and Village and how the City came to eventually acquire the property. Following discussion between the Council and the Board, no action was taken. The Village Board indicated they would like more time to review this matter before making a decision in regards to the swapping of properties within their sanitary sewer service area.

MOTION WAS MADE BY ALDERMAN JUSHKA, SECOND BY ALDERMAN BABCOCK TO ADJOURN AT 9:28 P.M. Motion was carried unanimously.

Table of Contents

TUESDAY, MAY 20, 2003

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present were: City Administrator, Mark Grams, City Attorney Eric Eberhardt, and City Engineer Rob Vanden Noven. City Planner Randy Tetzlaff was absent & excused. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meeting (May 6, 2003)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE MINUTES OF THE PREVIOUS MEETING. Motion carried unanimously.

Consider Original Operator’s License Applications-Jamie C. Hoeppner, Somers H. Endicott, Judith A. Love, David J. Dixon, Maria V. Delgado, Anastasia L. Ferreira, Jodi M. Gustafson and Kevin D. Schlei

Consider Combination "Class B" License Applications-NewPort Shores, Inc. (John W. Weinrich) 407 E. Jackson St., Port Washington Hotel, LLC (Cathy A. Wilger) Best Western Harborside Hotel.135 E. Grand Ave., and Randall J. Buser/Grand Avenue Saloon/550 W. Grand Ave.

Consider Combination "Class A" License Applications-T. P. Stores, Inc. (Robert Norskog) 1430 W. Grand Ave. and 117 W. Grand Ave., Ozaukee Enterprises, Ltd. (Harold Block) Port Apothecary/1011 N. Wisconsin St.

Consider Class "B" Fermented Malt Beverage License-PH GreenBay, LLC (Caroline Mitchell) Pizza Hut/1021 N. Wisconsin St.

Consider Class "A" Fermented Malt Beverage License-Quik Stop Shoppe (Charles E. Prendergast, Jr.) 1100 S. Spring St. and 1605 N. Wisconsin St.

Consider Temporary Class "B" Retailers License (Picnic)-Great Lakes Sport Fisherman/Ozaukee Chapter/July 4-6, 2003 (Fish Derby) and Port Washington Leatherneck Club/July 19, 2003 (Fish Day) Corner of Lake and Jackson

Consider Temporary Bartender’s License Applications-GLSF Club/Fish Derby/July 4-5-6, 2003 – Larry L. Trickel, Miche E. Priaulx, Robert J. Hammen, Ronald W. Ladwig, Paul JU. Pogrant, William R. Ladwig, Stuart W. Natale, Richard R. Donelson, Roger I. Faldet, James P. Boyd, and William C. Schroeder, Leatherneck Club/July 19, 2003/Fish Day – Jim Senger, James R. Noll, Kenneth H. Ramstack, Steven P. Volkmann, Kenneth J. Gilbertson, and Ron R. Hutt, Port Washington Lions Club/August 1-3, 2003/Fish Derby – Kurt A. Kleparski, Melvin L. Birkholz, Orville A. Froh, Howard H. Keller, Jeffrey J. Schmit and Patrick T. Poole, Port Washington Lions Club/July 19, 2003/Fish Day – David G. Mueller, Jeffrey J. Schmit, and Melvin L. Birkholz

Consider Renewal of Operator’s License Applications-List on file with original copy of minutes.

MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE LICENSE APPLICATIONS AS LISTED ABOVE EXCEPT THE ORIGINAL OPERATOR’S LICENSE FOR DAVID J. DIXON WAS DENIED. Motion carried unanimously.

MAYOR’S BUSINESS

A. Appointments to BID Board-MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE FOLLOWING APPOINTMENTS TO THE BUSINES IMPROVEMENT DISTRICT BOARD FOR A THREE-YEAR TERM, COMMENCING JUNE 2003: JIM BIEVER, BIEVER PORT-TO-PORT TRAVEL, TOM DIDIER, RE MAX REALTY, MONICA GOLDAMMER, SMITH BROS. RESTAURANT, JANE KARRELS, A.N. ANSAY & ASSOCIATES, MERTON LUEPTOW, LUEPTOW’S FURNITURE & APPLIANCE, MARK SCHOWALTER, PORT WASHINGTON STATE BANK AND ARMIN SCHWANZ, CITY COUNCIL REPRESENTATIVE. Motion carried unanimously.

OFFICER’S REPORTS

Review Draft of 2002 Annual Report-City Administrator Grams indicated that the format of the Annual Report is the same as in previous years and asked if there were any suggested changes.

Mid-Moraine Association Dinner Meeting-City Administrator Grams reported that the next Mid-Moraine Municipal Association Annual Business Meeting would be held on Wednesday, May 28^th at the Top of The Ridge, Cedar Ridge Campus in West Bend.

Meeting with Saukville Village Board, June 3^rd–The Administrator indicated that the Council will meet with the Saukville Village Board on June 3^rd to discuss the Schanen property and changing the sanitary sewer area for this property.

Update on Projects-Rob gave the Council an update on the Highway 32 project and the WE Energies Power Plant Project.

PUBLIC COMMENTS/APPEARANCES-Jim Purdy, 422 Hillcrest Ct.-Is opposed to narrowing the street, but would approve the compromise as recommended by the BPW of 35’.

COMMITTEES

Finance and License Committee

1. Ordinance 2003-11 (Amend Assessment Letter Fees) 1^st Reading – Staff recommendation is to raise the fee for Special Assessment Letters from $20 to $35.

2. Consider Bids for the Sidewalk Replacement Program-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE THE LOW BID OF JAMES CAPE & SONS COMPANY FOR THE 2003 SIDEWALK IMPROVEMENT PROJECT. Motion carried unanimously.

BOARDS/COMMITTEES

Board of Public Works

1. Consider Proposed Design Change to the Webster Street Reconstruction Project-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE PROPOSED DESIGN CHANGE TO THE WEBSTER STREET RECONSTRUCTION PROJECT AS RECOMMENDED BY THE BOARD OF PUBLIC WORKS OF NARROWING THE PARKWAYS TO 2.5’ WITH A 35’ ROAD AND 4’ SIDEWALK. Motion carried. 6 ayes, 1 nay (Alderman Babcock)

2. Consider Public Works Emergency Response Mutual Aid Agreement-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE THE PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT SUBJECT TO REVIEW BY THE CITY ATTORNEY. Motion carried unanimously.

Police and Fire Commission

3. Consider Fire Inspection Service Contract-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO APPROVE THE CONTRACT WITH FIRE INSPECTION SERVICE, INC. Motion carried unanimously.

Library Board

4. Resolution 2003-11 (Affirmation of Free Public Library Service)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE RESOLUTION 2003-11. Motion carried unanimously.

UNFINISHED BUSINESS

Review and Possible Action Regarding Lease Agreement for Water Park Concession Stand-Ms. Kuehmichel of Kuehmichel Enterprises told the Council that she is no longer interested in operating the Water Park concession stand this year. The Council agreed to rescind the lease agreement with Kuehmichel Enterprises immediately.

Ordinance 2003-10 (Reduce Speed Limit on a Portion of West Grand Avenue) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN HAACKE TO APPROVE ORDINANCE 2003-10. Motion carried unanimously.

Request to Replace Light at Waterpark Walkway with Ornamental Light-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO APPROVE REPLACING THE EXISTING LIGHTING AT THE WATERPARK WITH AN ORNAMENTAL LIGHT FIXTURE AT A COST OF $2,802. Motion carried. 6 ayes, 1 nay (Alderman Leicht)

NEW BUSINESS

Consider Memorandum of Understanding with Ozaukee County Health Department for Beach Testing-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE MEMORANDUM OF UNDERSTANDING WITH OZAUKEE COUNTY HEALTH DEPARTMENT FOR BEACH TESTING. Motion carried unanimously.

Consider Request for Street Closing for Graduation Party-MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE STREET CLOSING REQUESTED BY LOIS & RANDY LANSER, 863 CHISHOLM LANE ON JUNE 7^TH FROM 2:30 P.M. TO 8:00 P.M. FOR A GRADUATION PARTY. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO GO INTO CLOSED SESSION ACCORDING TO WISCONSIN STATE STATUTE 19.85 (1)(c)(e) to discuss labor negotiations and the purchase and/or sale of public properties whenever competitive or bargaining reasons require a closed session. ROLL CALL: Alderman Haacke-aye, Alderman Matthews-aye, Alderman Schwanz-aye, Alderman Babcock-aye, Alderman Hudson-aye, Alderman Jushka-aye and Alderman Leicht-aye. Motion carried unanimously.

Table of Contents

TUESDAY, MAY 6, 2003

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Scott Huebner in the Council Chambers at City Hall. Council members present: Aldermen Al Haacke, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present were: City Administrator, Mark Grams, City Attorney Eric Eberhardt, City Planner Randy Tetzlaff and City Engineer Rob Vanden Noven. The Pledge of Allegiance to the flag was recited.

CONSENT AGENDA

Approve Minutes of Previous Meetings (April 15, 2003 and April 23, 2003)

Consider Original Operator’s License – Lynda R. Ward, Nicole L. Strupp and Jennifer L. Woosley

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN LEICHT TO APPROVE THE MINUTES OF THE PREVIOUS MEETINGS WITH AN AMENDMENT TO THE APRIL 15^TH MINUTES NOTING THAT SCOTT HUEBNER WAS SWORN IN AS MAYOR. Motion carried unanimously.

MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE ORIGINAL OPERATOR’S LICENSE APPLICATIONS AS LISTED IN THE CONSENT AGENDA. Motion carried unanimously.

MAYOR’S BUSINESS

Appointment To Commission On Aging-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE THE MAYOR’S APPOINTMENT OF DAWN DE LUCIA TO THE COMMISSION ON AGING. Motion carried unanimously.

OFFICER’S REPORTS

A. Update On Projects-Highway 32 Project is on schedule; WE Energies Project-more demolition work being done on building; excavation of bluff work is 85% complete.

PUBLIC COMMENTS/APPEARANCES-Linda Nenn, 1859 Parknoll Ln.-City should reconsider that condo owners should not have to pay for their garbage pick-up. Regarding the Light Station, is concerned with the disposition of property. We should preserve land directly south of the Light Station.

COMMITTEES

Finance and License Committee

1. Resolution 2003-10 (Transfer Of Funds In Park & Rec Accounts)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE RESOLUTION 2003-10. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO AMEND THE RESOLUTION TO INCLUDE $5,500. Motion carried unanimously. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE AMENDED RESOLUTION. Motion carried unanimously.

2. Consider Proposal For Fourth Of July Fireworks-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO ENTER INTO AN AGREEMENT WITH MAD BOMBER FOR THE FOURTH OF JULY FIREWORKS SHOW. Motion carried unanimously.

3. Consider Bids For The Webster St. Reconstruction Project-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO APPROVE THE LOW BID OF PAYNE & DOLAN IN THE AMOUNT OF $845,798.36 FOR THE WEBSTER ST. RECONSTRUCTION PROJECT. Motion carried unanimously.

4. Consider Proposal To Update Billboard Appraisal-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE PROPOSAL OF JOHN STEELE APPRAISAL COMPANY, INC. TO UPDATE THE APPRAISAL OF THE BILLBOARD PROPERTY ON S. SPRING ST. Motion carried unanimously.

5. Approve Funding For New Sign Machine For Public Works Dept.-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE PURCHASE OF A TRAFFIC SIGN MARKING SYSTEM FROM TRAFF TECH, INC. OF PORT WASHINGTON. Motion carried unanimously.

6. Consider Bids To Purchase Street Trees-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE BID OF WAYSIDE NURSERY AND MC KAY NURSERY FOR THE PURCHASE OF STREET TREES. Motion carried unanimously.

Traffic Safety Committee

7. Ordinance 2003-10 (Reduce Speed Limit On A Portion Of W. Grand Ave.) 1^st Reading-City Administrator Grams indicated that this ordinance is a recommendation of the Traffic Safety Committee to improve pedestrian safety on W. Grand Avenue. The City Engineer proposes that before a speed limit is determined, the City ask the DOT to do a speed study to get optimal speed limits beyond Martin Drive east and west and then make a request for the speed limit.

BOARDS/COMMITTEES

Plan Commission

1. Public Hearing To Consider Amending The Conditional Use Grant For 257-299 Seven Hills Road (Convenience Store, Service Station, Restaurant)-Mayor Huebner declared the public hearing open. Mayor Huebner indicated he had a request to read a letter from Dennis and Dianne Budd, 314 Thomas Drive, which he read.

Fritz Prange, 379 Thomas Dr.-Shares concerns of senior citizens who live next door to this project. His opinion is leaning to not having the service station open 24 hours. We should seek information from our law enforcement officers regarding this request. Marc Korn, 372 Michael Ct.-Research should be done on what effect putting up a gas station would have on the neighborhood. David Mayer, 307 Michael Ct.-Go on record that he is opposed to having a gas station in this neighborhood. Is concerned with lighting, noise, litter and crime. Do not approve of the request for additional hours. Dianne Budd, 314 Thomas Dr.-If the request to have the gas pump sales open 24 hours does not work out, what would it take to change it back? Feels this is not the best use for this property. Scott Eucker, owner of Taco Bell-Addressed the comments made by the public. Feels that he has been more than cooperative with residents and the Council and wants to be a good community neighbor. Linda Nenn, 1859 Parknoll Ln.-Concerned about litter extending beyond perimeters of property. Will sidewalk extend around Sentry store? Captain Keller, PWPD-Indicated that complaints about gas stations in the City who offer 24-hour card service of gas pump is non-existent.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously. The Mayor and Aldermen gave their comments on the request to amend the conditional use grant.

2. Consider Amending Conditional Use Grant For 257-299 Seven Hills Road Winterhill Development Applicant-MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN SCHWANZ TO APPROVE AMENDING THE CUG TO PERMIT THE 24-HOUR SALE OF GASOLINE SUBJECT TO A REVIEW SIX (6) MONTHS AFTER OCCUPANCY OF THE CONVENIENCE STORE SUBJECT TO REVIEW OF THE CITY ATTORNEY. 4 ayes (Aldermen Haacke, Matthews, Schwanz, Jushka); 3 nays (Aldermen Leicht, Hudson and Babcock). Motion carried.

3. Consider Revised Site Plan For The Historic Light Station-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEIGHT TO APPROVE THE REVISED SITE PLAN FOR THE HISTORIC LIGHT STATION AS PRESENTED. Motion carried unanimously.

4. Consider Narrowing A Portion Of Maritime Drive-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO AUTHORIZE THE CITY ATTORNEY TO PREPARE A RESOLUTION TO NARROW THE RIGHT-OF-WAY ON MARITIME DRIVE. Motion carried unanimously.

UNFINISHED BUSINESS-None

NEW BUSINESS

Consider Installation Of Sidewalk/Bike Path On South Side Of W. Grand Ave.-The City Engineer reviewed construction of an asphalt path from Tower Dr. to Martin Dr. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE INSTALLATION OF SIDEWALK/BIKE PATH ON THE SOUTH SIDE OF W. GRAND AVE. Motion carried unanimously.

Consider Engineering Firm And State DOT Agreement For Highway 32 Project-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN LEIGHT TO APPROVE THE STATE DOT AGREEMENT FOR IMPROVEMENTS PROPOSED FOR THE HIGHWAY 32 PROJECT. Motion carried unanimously.

MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE EARTH TECH AS THE ENGINEERING FIRM FOR THE HIGHWAY 32 PROJECT. Motion carried. 6 ayes, 1 nay (Alderman Matthews)

PUBLIC COMMENTS/APPEARANCES-Linda Nenn, 1859 Parknoll Ln.-Regarding the bike path behind the Filtration Plant, she suggests the City put in posts at the entrance near New Port Shores because she has seen cars go on the bike path.

MOTION MADE BY ALDERMAN SCHWANZ, SECOND BY LEICHT TO ADJOURN AT 9:35 PM. Motion was carried unanimously.

Table of Contents

WEDNESDAY, APRIL 2, 2003

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka, and Karl Leicht. Absent, Ron Voigt. Also present: were City Administrator Mark Grams, City Attorney Eric Eberhardt, City Planner Randy Tetzlaff and City Engineer Rob Vanden Noven. The Pledge of Allegiance to the flag was recited.

3. CONSENT AGENDA

Approve Minutes of Previous Meetings.

Consider Original Operator’s License Applications-Lynda Ward

Consider Temporary Bartender’s License Applications-Michael J. Husting, Lawrence J. Nowakowski, Briane E. Boettcher, Richard F. Plier, Lloyd P. Morgan, Richard Webb, Gerald F. Bley, Steven K. Hansen, Lawrence R. Caro, Glenn G. Esselman, and Jeffrey Bley for Port Washington Fish Day, July 19, 3003. Consider Temporary Bartender License for P. W. Lions Club Fish Derby for Michael J. Husting, Brian E. Boettcher, Richard F. Plier, Gerald F. Bley, Steven K. Hansen, Merlin J. Mueller, Glenn G.Esselmann, Jeffrey J. Bley, and James D. Asplin.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE THE CONSENT AGENDA EXCEPT FOR LYNDA WARD. Motion carried unanimously.

4. MAYOR’S BUSINESS

Mayor Gottlieb wished to congratulate Mayor elect Scott Huebner and Alderman Al Haacke on their elections. Also to Alderman Hudson, Schwanz, and Leicht for their re-election as Aldermen. The Mayor also wished to thank the Council, Dept. Heads and City employees for their support and assistance during his six years in office. He is very proud of all that has been accomplished during his term especially the placement of defibrillators in police cars. The Mayor had received a thank you note from the wife of a citizen whose live was saved by one of these machines.

5. OFFICERS REPORT

Resolution 2003-6 (Spring General Election Results)

MOVED BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE RESULTS OF THE SPRING GENERAL ELECTION. Motion carried unanimously.

Consider Summer Student Administrative Internship

MOVED BY ALDERMAN TOM HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE POSITIONOF A SUMMER STUDENT ADMINISTRATIVE INTERSHIP. Motion carried unanimously.

Update On Projects –City Engineer Vanden Noven reported that the STH 32 project is well underway, sanitary sewer work is on schedule and they are almost halfway done. The road will be open for traffic. WE Energies has taken one stack down and the remaining one will be removed in 2004. Sixty percent of the bluff has been removed. Harbor study completed by Baird.

6. PUBLIC COMMENTS/APPEARANCES

Mr. Dan Pomeroy of Mequon, WI appeared to inform the Council that he is against the removal of billboard signs on S. Spring St. He is the owner of Channel Outdoor billboards.

7. COMMITTEES

Finance and License Committee

1. Resolution 2003-5 (Carryover of Funds) MOVED BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2003-5 CARRYOVER OF FUNDS. Motion carried unanimously.

2. Consider Agreement With Greater Milwaukee Foundation. MOVED BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE THE AGREEMENT WITH GREATER MILWAUKEE FOUNDATION. After further discussion the motion was amended to have authorization to use names of candidates from a City supplied list of candidates. MOTION WAS AMENDED BY ALDERMAN HUDSON, SECOND BY BABCOCK. Motion carried. (5-1, Matthews voting no.)

The Mayor moved to Item 9 B. Consider Use Of City Land For Eagle Scout Project.

City Attorney Eberhardt was requested at the last Council meeting to check into the liability issues for allowing the Boy Scouts and citizens to use the Schanen Farm to launch rockets for an Eagle Scout project. The City of Port Washington is immune from liability for injuries to persons engaged in launching model rockets on City property with permission. The City Attorney also informed the Council that the Boy Scouts of America have insurance coverage nationwide. MOVED BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO APPROVE TO ALLOW THE EAGLE SCOUTS AND CITIZENS TO USE THE SCHANEN FARM PROPERTY TO LAUNCH ROCKETS FOR AN EAGLE SCOUT PROJECT. The hours would be from 9:00 A.M. to 5:00 P.M. on weekends only starting in April and ending sometime in October. MOTION WAS AMENDED BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON THAT THE CITY IS TO APPROVE THE TIMES AND DATES OF OPERATION AND THAT THE ROCKET CLUB MEMBERS AND PARENTS MUST SIGN A RELEASE AND WAIVER OF CLAIMS FORM. Motion carried unanimously.

3. Consider Memorandum of Understanding With Youth Baseball To Operate Concession Stand At Softball Field. MOVED BY ALDERMAN HUDSON, SECOND BY MATTHEWS TO APPROVE THE OPERATIONOF A CONCESSION STAND AT THE SOFTBALL FIELD. Motion carried unanimously.

4. Lease of Building To House Park & Recreational Maintenance Operations-Park & Rec Director, Jay Jansen is recommending the lease of the former Journal/Sentinel building for park & recreational maintenance operations. MOVED BY HUDSON, SECOND BY JUSHKA TO APPROVE THE LEASE FOR THE JOURNAL/SENTINEL BUILDING WITH THE COST BEING $1500 PER MONTH PLUS UTILTIES FOR A 2-YEAR LEASE. Motion carried unanimously.

PLAN COMMISSION

5. Ordinance 2003-9 (Rezoning For Hidden Hills Subdivision, Bielinski Development On Highway 33) 1^st. Reading. Representatives from Bielinski appeared at the Council and gave a presentation of the subdivision.

6. Public Hearing to Amend The Official Floodplain Zoning Map MOVED BY ALDERMAN MATTHEWS, SECOND BY BABCOCK TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

7. Ordinance 2003-7 (Amendment To The Floodplain Zoning Map) 2^nd reading. MOVED BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2003-7 (AMENDMENT TO THE FLOODPLAIN ZONING MAP). Motion carried unanimously.

8. Public Hearing To Amend I-1 And I-2 Zoning Districts. MOVED BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

9. Ordinance 2003-6 (Amendment To The I-1 And I-2 Zoning Districts) 2^nd reading. MOVED BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2003-6 (AMENDMENT TO THE I-1 AND I-2 ZONING DISTRICTS.). Motion carried unanimously.

10. Consider Condominium Plat for Sauk Creek Condominiums, 426 W. Grand Avenue. MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON. Motion carried unanimously.

11. Consider Amendment To City Sanitary Sewer Service Area. MOVED BY ALDERMAN JUSHKA, SECOND BY ALDERMAN SCHWANZ TO APPROVE AMENDMENT TO CITY SANITARY SEWER SERVICE AREA. Motion carried unanimously.

UNFINISHED BUSINESS

Ordinance 2003-5 (Amendment To Chapter 9 Of The Municipal Code) 2^nd reading. MOVED BY ALDERMAN HUDSON, SECOND BY ALDLERMAN LEICHT TO APPROVE ORDINANCE 2003-5 AMENDMENT TO CHAPTER 9 OF THE MUNICIPAL CODE. Motion carried unanimously.

Eagle Scout Project (moved to beginning of meeting)

Discussion And Authorization Regarding Condemnation Proceedings For Removal of Billboards on S. Spring. MOVED BY ALDERMAN JUSHKA, SECOND BY ALDERMAN HUDSON TO PURSUE UPDATES ON APPRAISAL OF THE PROPERTY AND RECEIVE OUTSIDE LEGAL ASSISTANCE. Motion carried unanimously.

NEW BUSINESS

Hire Seasonal Employees at City Yard. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO APPROVE THE HIRING OF DAN PAULIN AND RALPH MILLER AS PART TIME SEASONAL EMPLOYEES TO MONITOR THE STREET DEPARTMENT YARD. Motion carried unanimously.

Resolution 2003-7 (Opposed Governor’s Budget Proposal To Shift Assessment of Industrial Property To Local Government Assessors) MOVED BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2003-7 (OPPOSE GOVERNOR’S BUDGET PROPOSAL TO SHIFT ASSESSMENT OF INDUSTRIAL PROPERTY TO LOCAL GOVERNMENT ASSESSORS). Motion carried unanimously.

MOVED BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN LEICHT TO GO INTO CLOSED SESSION ACCORDING TO WISCONSIN STATE STATUTE 1985 (1) C TO DISCUSS LABOR NEGOTIATIONS AND EMPLOYEE PERFORMANCE EVALUATION AT 9:45 P.M. RECONVENE IN OPEN SESSION AT 9:52 P.M. Motion carried unanimously.

Consider Salary Adjustment For Engineering Tech. MOVED BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO APPROVE THE SALARY ADJUSTMENT FOR THE ENGINEERING TECH TO $19.95/HOUR. Motion carried unanimously.

MOVED BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO ADJOURN AT 9:55 P.M.

Table of Contents

Tuesday, March 18, 2003

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: were City Administrator Mark Grams, City Attorney Eric Eberhardt, City Planner Randy Tetzlaff and City Engineer Rob Vanden Noven. The Boy Scout Troop led in the reciting of the Pledge of Allegiance to the Flag.

CONSENT AGENDA

Approve Minutes of the Previous Meetings-March 4^th and March 11^th, 2003

Consider Original Operator’s License Applications-Lisa M. Peterson, George A. Housman, Paul E. DeMerit and Tracy A. Shadley

Consider Combination "Class B" Tavern License-Robert W. Baumann/David W. Ferraino/Donna R. Jarolimek/Gopher One/605 W. Grand Ave./April 1, 2003 to June 30, 2003

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN VOIGT TO APPROVE THE CONSENT AGENDA EXCEPT THE OPERATOR’S LICENSE FOR GEORGE A. HOUSMAN. Motion carried unanimously.

MAYOR’S BUSINESS

OFFICERS REPORTS

Spring General Election-City Administrator Grams reported that the Spring General Election would be held on Tuesday, April 1^st; therefore, the next City Council Meeting will be on Wednesday, April 2^nd.

Mid-Moraine Association Dinner Meeting-The Mid-Moraine Association Dinner Meeting is scheduled for Wednesday, March 26^th and is being hosted by the City of Port Washington. It will be held at Smith Bros. Restaurant and the guest speaker is Joe Greco, Village President of Menomonee Falls.

Mayoral Debate-The Port Washington Chamber of Commerce and the League of Woman Voters of Ozaukee County will be hosting a Mayoral Forum on Tuesday, March 25, 2003 beginning at 7:00 p.m.

Update on Projects-City Administrator Grams reported that this Sunday at 7:00 a.m., WE Energies would be taking down one of the smoke stacks. Highway 32-City Engineer Rob Vanden Noven reported that the Highway 32 project is underway and a detour route is in place. Webster Street-Working on plans-will have it out for bids for the April 15 City Council Meeting. WE Energies-An informational meeting is being set for April 2^nd with the Port Washington Chamber of Commerce and local businesses.

City Attorney Eberhardt indicated that Alderman Matthews requested information on whether the City had the legal authority to enforce regulations to prohibit jogging in roads and/or require reflective clothing. The City Attorney researched the subject and distributed a copy of his findings to the Council. If the Council would like to pursue this matter, they should talk to the City Administrator and he would bring up the item at a Traffic Safety Committee.

PUBLIC COMMENTS/APPEARANCES

COMMITTEES

Finance and License Committee

1. Refinancing Of Bond Anticipation Note (Report From Mr. Ray Osness)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE REPORT BY RAY OSNESS ON REFUNDING THE 2000 BOND ANTICIPATION NOTE. Motion carried unanimously.

2. Consider Affiliation With Greater Milwaukee Foundation-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO HAVE CITY STAFF AND THE CITY ATTORNEY PURSUE FINALIZING LANGUAGE IN THE FOUNDATION AFFILIATION AGREEMENT WITH THE GREATER MILWAUKEE FOUNDATION AND BRING IT BACK TO THE NEXT MEETING FOR APPROVAL. Motion carried unanimously.

3. Lighting For Parking Lot At Water Park-Alderman Hudson reported that the Finance Committee made no recommendation on this item. City Administrator Grams indicated that by making no recommendation, the City Council is saying that it is the church’s responsibility to install the 2 lights and the City would pay for the power cost of the lights.

4. Ordinance 2003-5 (Amendment To Chapter 9 Of The Municipal Code) 1^st Reading-City Attorney Eberhardt indicated that this ordinance is a housekeeping measure to add consistency to the current ordinance regulating sexually oriented businesses.

BOARDS/COMMITTEE

Plan Commission

1. Ordinance 2003-6 (Amendments To The I-1 And I-2 Zoning District) 1^st Reading

2. Ordinance 2003-7 (Amendment To The Floodplain Zoning Map) 1^st Reading

Park & Recreation Board

3. Management Of Water Park Snack Bar-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN HUDSON TO APPROVE AN AGREEMENT WITH THE OWNER OF THE GENERAL STORE TO OPERATE THE SNACK BAR AT THE WATER PARK. Motion carried unanimously.

4. Extension of Park Hours For Lionsfest-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN JUSHKA TO APPROVE THE CLOSING HOURS FOR LIONSFEST ON AUGUST 1^ST AND 2^ND TO MIDNIGHT WITH MUSIC TO STOP AT 11:00 P.M. ON SATURDAY AND 11:30 P.M. ON FRIDAY AS RECOMMENDED BY THE PARK AND RECREATION BOARD. Motion carried unanimously.

Board of Public Works

5. Ordinance 2003-8 (No Truck Over 8,000 Pounds On Larabee St.) 1^st Reading-City Attorney Eberhardt stated that the reason for amending the City’s ordinance regulating truck traffic in this area is because the ordinance has some inconsistencies in it.

6. Approve Hiring Mr. Joel Alore To The Street Department-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE THE HIRING OF MR. JOE ALORE TO THE STREET DEPARTMENT AS RECOMMENDED BY THE BOARD OF PUBLIC WORKS. Motion carried unanimously.

7. Hire Contractor To Relocate Sanitary Sewer At Yacht Club-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO HIRE GREISCH PLUMBING TO RELOCATE THE SANITARY SEWER AT THE YACHT CLUB AND NEGOTIATE WITH THE YACHT CLUB TO DETERMINE THE RESPONSIBLE PARTY FOR THE REPAIR COSTS. Motion carried unanimously.

8. Resolution 2003-4 (Approve CMAR Report For Wastewater Utility)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2003-4. Motion carried unanimously.

UNFINISHED BUSINESS

NEW BUSINESS

A. Request To Use City Property (Former Schanen Property) For An Eagle Scout Project-Alex, member of a local Boy Scout Troop, stated he is requesting permission to utilize the former Schanen Property south of Highway 33 to launch rockets for an Eagle Scout project in late May. Alex indicated that boy scouts as well as citizens would be involved in this project and it would be supervised. The City Attorney indicated that from the City’s standpoint there are some risks to look at in our insurance to see if there is an exclusion for this type of activity. It was the consensus of the Council to table this item until the City Attorney has time to research the liability issues.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Babcock-Prayers go out to the families in Port Washington involved in the war. Alderman Hudson-Requested that a resolution be prepared opposing the transferring of certain assessment responsibilities.

PUBLIC COMMENTS/APPEARANCES

MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO GO INTO CLOSED SESSION ACCORDING TO WISCONSIN STATE STATURE 19.85 (1) (e) to deliberate on the purchase of property which requires a closed session for competitive and bargaining reasons. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously.

Table of Contents

Tuesday, March 11, 2003

Roll Call-Present Aldermen Voigt, Matthews, Schwanz, Hudson and Leicht. Absent and excused Mayor Gottlieb and Aldermen Jushka and Babcock. Also present City Administrator Mark Grams and City Attorney Eric Eberhardt.

Ordinance 2003-3 (Ordinance Relating To Sexually Oriented Businesses) 2^nd Reading-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE ORDINANCE 2003-3. Motion carried unanimously.

Ordinance 2003-4 (Prohibits Alcoholic Beverages In sexually Oriented Businesses) 2^nd Reading-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2003-4. Motion carried unanimously.

Ordinance 2003-5 (Amendment To Chapter 9 Of the Municipal Code) 1^st Reading-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN MATTHEWS TO TABLE. Motion carried unanimously.

MOTION BYALDERMAN HUDSON, SECOND BY ALDERMAN VOIGT TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 7:01 P.M. Motion carried unanimously.

Table of Contents

Tuesday, March 4, 2003

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Council President Armin Schwanz in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: were City Administrator Mark Grams, City Attorney Eric Eberhardt, City Planner Randy Tetzlaff and City Engineer Rob Vanden Noven. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-February 19, 2003

Consider Original Operator’s License Applications-Kerry G. Scherf, David W. Ferraino, Donna R. Jarolimek and Vinson V. Egle

Consider Temporary Class "B" Retailers License (Picnic)-St. Peter of Alcantara Congregation/1800 N. Wisconsin St./March 7^th, March 21^st, and April 4^th, 2003

Consider Temporary Bartender’s Licenses-Robert E. Dreier

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

MAYOR’S BUSINESS

Congratulations to the Port High Dance Team for winning the National Championship and to Dave Arendt for winning the State Wrestling Championship.

OFFICERS REPORTS

Update on Projects-City Engineer Rob Vanden Noven reported that construction of Highway 32 would begin next week. There is an informational meeting scheduled for tomorrow at 4:00 p.m. at City Hall with businesses along Highway 32 who will be affected by the project. WE Energies Report-demolition of the south stack liner is underway. A business association meeting with WE Power, the Port Washington Chamber of Commerce and downtown businesses is scheduled for April 2^ndto discuss the project.

PUBLIC COMMENTS/APPEARANCES

COMMITTEES

Finance and License Committee

1. Presentation By Greater Milwaukee Foundation To Establish City Foundation-Doug Jansson and Karen Rogers representing the Greater Milwaukee Foundation gave a slide presentation on how they would assist the City in establishing and operating a City Foundation. Councilmen then asked questions about the program. If the Council chooses to establish a City Foundation under the auspices of the Greater Milwaukee Foundation, then a draft affiliation agreement would be prepared for approval. City Administrator Grams indicated that this item would be back for the next Council Meeting.

2. (At this point, Mayor Gottlieb was present and presided over the meeting.) Resolution 2003-3 (Carryover of Funds)-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE RESOLUTION 2003-3 (Carryover of Funds-Fire Department Equipment). Motion carried unanimously.

3. Ordinance 2003-3 (Ordinance Relating To Sexually Oriented Businesses) 1^st Reading

4. Ordinance 2003-4 (Prohibits Alcoholic Beverages In Sexually Oriented Businesses) 1^st Reading

City Attorney Eberhardt summarized Ordinances 2003-3 and 2003-4 pointing out that these ordinances regulate the conduct that can occur on the premises as well as the layout of the premises. He stated further that these ordinances together prohibit the serving and consumption of alcoholic beverages in sexually oriented businesses. City Planner Tetzlaff talked about the location of sexually oriented businesses stating that the law gives communities the right to regulate these businesses through licensing and separation of use. He indicated that the distance regarding location of these businesses is within 500 feet and the proposed ordinance meets these requirements the way it is written. City Administrator Grams indicated that a special meeting of the City Council is scheduled for next Tuesday, March 11^th at 6:30 p.m. for the second reading of these ordinances. As a footnote, City Attorney Eberhardt said that we need to identify the zoning districts that these businesses could locate and possibly amend the zoning code. Also, we should take care of a few housekeeping items and amend the cabaret ordinance and alcoholic beverage licensing ordinance so that all ordinances will work more in a complimentary way.

5. Amendment To Conveyance Of Land Agreement Between The City And School District-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE AMENDMENT TO THE CONVEYANCE OF LAND AGREEMENT BETWEEN THE CITY AND SCHOOL DISTRICT. Motion carried unanimously.

BOARDS/COMMITTEE

Plan Commission

1. Public Hearing For A Conditional Use Grant For St. John’s Lutheran Church To Permit Church Private School And Day Care Use At 217 Freeman Drive-Mayor Gottlieb declared open the public hearing. Mr. Tom Miller of St. John’s Lutheran Church was present and showed illustrations of the proposed site plan for St. John’s Lutheran Church and School. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Consider Conditional Use Grant For St. John’s Lutheran Church At 217 Freeman Dr.-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO APPROVE THE CONDITIONAL USE GRANT FOR ST. JOHN’S LUTHERAN CHURCH AT 217 FREEMAN DRIVE SUBJECT TO THE FOLLOWING CONDITIONS: 1) A FINAL BUILDING AND SITE PLAN SHALL BE SUBMITTED FOR REVIEW AND APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT; 2) A SECONDARY INGRESS/EGRESS SHALL BE PROVIDED ALONG CTH LL AND THAT TIMETABLE FOR ITS CONSTRUCTION TO BE SUBMITTED WITH A FINAL SITE PLAN; 3) THE LAND THAT IS PART OF THIS PROPERTY CURRENTLY IN THE TOWN OF PORT WASHINGTON WILL BE ANNEXED TO THE CITY PRIOR TO OCCUPANCY AND 4) THESE CONDITIONS ARE SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY. Motion carried. 6 ayes; 1 abstain (Armin Schwanz)

UNFINISHED BUSINESS

NEW BUSINESS

Consider Closing A Portion Of Powers And Johnson Streets For The Port Washington Historical Society, June 15, 2003-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE REQUEST OF THE PORT WASHINGTON HISTORICAL SOCIETY TO CLOSE A PORTION OF POWERS AND JOHNSON STREETS ON JUNE 15, 2003 BETWEEN THE HOURS OF 1 P.M. AND 4 P.M. FOR THE GRAND OPENING TO CELEBRATE THE COMPLETION OF THE RESTORATION OF THE LIGHT STATION. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO GO INTO CLOSED SESSION ACCORDING TO WISCONSIN STATE STATURE 19.85 (1) (e) to deliberate on the purchase and/or sale of public property which requires a closed session for competitive and bargaining reasons. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously. Open meeting adjourned at 9:05 p.m.

Table of Contents

Tuesday, February 19, 2003

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Absent and Excused was Alderman RonVoigt. Also present: were City Administrator Mark Grams, City Attorney Eric Eberhardt, City Planner Randy Tetzlaff and City Engineer Rob Vanden Noven. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-February 4, 2003

Consider Original Operator’s License Applications-Tyler A. deBruijn, Vinson V. Egle and Nicole A. Petz

Consider Temporary Class "B" Retailers License (Picnic)-Port Washington Lions Club/July 19, 2003 (Fish Day), Port Washington Lions Club/August 1, 2003 to August 3, 2003 (Fish Derby)

Consider Temporary Bartender’s Licenses-Daniel P. Becker and Carl W. Wegner, III

Cabaret License-Port Washington Lions Club/August 1, 2003 to August 3, 2003 (Fish Derby)

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE CONSENT AGENDA AS PRESENTED EXCEPT THE ORIGINAL OPERATOR’S LICENSE APPLICATION FOR VINSON V. EGLE WAS DENIED. Motion carried unanimously.

MAYOR’S BUSINESS

OFFICERS REPORTS

Resolution 2003-2 (Local Election Results)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE RESOLUTION 2003-2. Motion carried unanimously.

PUBLIC COMMENTS/APPEARANCES

COMMITTEES

Finance and License Committee

1. Consider City-School District Conveyance Of Land Agreement-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE AGREEMENT BETWEEN THE CITY OF PORT WASHINGTON AND THE PORT WASHINGTON-SAUKVILLE SCHOOL DISTRICT TO CONVEY LANDS AND SHARE FACILITIES. Motion carried unanimously.

2. Consider Change Orders For City Hall Renovation Project-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN MATTHEWS TO APPROVE CHANGE ORDER #14. Motion carried unanimously.

BOARDS/COMMISSIONS

Plan Commission

1. Public Hearing On The Rezoning Of Property At 217 Freeman Drive From B-2 To RS-1-Mayor Gottlieb declared open the public hearing. There were no comments. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

2. Ordinance 2003-2 (Rezoning Or Property At 217 Freeman Drive From B-2 To RS-1) 2^nd Reading-MOTION BY ALDERMAN JUSHKA, SECOND BY ALDERMAN BABCOCK TO APPROVE ORDINANCE 2003-2. 5 ayes, 1 abstain (Alderman Schwanz) Motion carried.

Board of Public Works

3. Consider Changing Street Lighting At Intersection Of Franklin And Main Streets-MOTION BYALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO APPROVE PURCHASING TWO "DOUBLE LIGHT" FIXTURES FOR THE INTERSECTION OF MAIN AND FRANKLIN STREETS. Motion carried unanimously.

4. Consider Street Lighting Replacement On Webster St. From Grand Ave. To Jackson St.-MOTION BYALDERMAN MATTHEWS, SECOND BY ALDERMAN LEICHT TO APPROVE THE BOARD OF PUBLIC WORKS RECOMMENDATION OF OPTION 1 (200W SHOEBOX FIXTURES ON 30’ FIBERGLASS POLES, 10 UNITS; $20,816.49). MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO TABLE THIS ITEM AND REFER IT BACK TO THE BOARD. Second motion carried unanimously.

Park & Recreation Board

5. Consider Bids To Repair Rec Center Roof-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE LOW BID OF WENGER CONSTRUCTION FOR ROOF REPLACEMENT AT THE PARK & RECREATION CENTER. Motion carried unanimously.

UNFINISHED BUSINESS

NEW BUSINESS

Consider Contract For Staking Of Utilities On Highway 32-MOTION BY ALDERMAN SCHWANZ, SECOND BYALDERMAN BABCOCK TO APPROVE HIRING DAAR ENGINEERING AT A NOT TO EXCEED COST OF $11,424.16 FOR STAKING OF THE PROPOSED SEWER AND WATER IMPROVEMENTS IN CONJUNCTION WITH THE STH 32 PROJECT. Motion carried unanimously.

OTHER MATTERS AS ALLOWED BY LAW-Alderman Hudson-With all the talented art people, something should be done with the $3,000 credit that the City received for the original contract amount for the artwork that was not done with the elevator; heard in the news about the Village of Grafton adopting a new ordinance relating to sexually oriented businesses. Feels that we should review our ordinance and make sure things are covered for this sort of thing. City Attorney Eberhardt commented that this is a work in progress.

PUBLIC COMMENTS/APPEARANCES-Keith Klopp, 327 W. Main St.-commented about the agreement relating to changing the street lighting on Main St.

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1)(c)(e) to discuss employee compensation and performance evaluation and to deliberate on the purchase and/or sale of public properties which requires a closed session for competitive and bargaining reasons. ROLL CALL: Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously.

Table of Contents

Tuesday, February 4, 2003

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Mayor Gottlieb asked for a moment of silence to honor the astronauts who lost their life on space shuttle Columbia. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson, Pete Jushka and Karl Leicht. Also present: were City Administrator Mark Grams, City Attorney, City Planner Randy Tetzlaff and City Engineer Rob Vanden Noven. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-January 21, 2003

Consider Original Operator’s License Applications-Darcy M. Kitzman and Steve Winslow

Consider Temporary Class "B" Retailers License (Picnic)-Port Washington Catholic School/446 N. Johnson St./March 14^th, March 28^th, and April 11^th, 2003

Consider Temporary Bartender’s Licenses-Danielle M. Peterson and Gerald T. Lee

It should be duly noted that City Attorney Eberhardt was in attendance at the January 21, 2003 City Council Meeting. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE CONSENT AGENDA AS AMENDED. Motion carried unanimously.

MAYOR’S BUSINESS

OFFICERS REPORTS

Spring Primary Election February 18^th –City Administrator Grams reported that the next City Council Meeting would be held on Wednesday, February 19^th because of the Spring Primary Election on February 18^th.

Winter City Newsletter-The Winter City Newsletter is scheduled to be mailed out next week.

City Administrator Grams reported that the PSC is reviewing our re-hearing petition regarding litigation payments to the City. Paul Kent informed us that the PSC would be taking comments in regard to our re-hearing application through February 13^th. However, new information indicates that the PSC may be discussing this matter on Thursday.

City Engineer Rob Vanden Noven reported that the State DOT awarded Spring Street as the 2002 Concrete Paving Project of the year. Progress Report-WE Energies construction project-Two units were retired in January and demolition began on that building. Construction has begun on the access road. The exterior demolition of one smoke stack will begin in March. A meeting was held this past week with Baird and WEPCO to discuss the work Baird will do on the discharge of cooling water and the Harbor Study. A construction meeting with businesses is planned for March.

PUBLIC COMMENTS/APPEARANCES-John Kuchar, 1478 Noridge Tr.-Asked that the City begin re-negotiating process with WE Energies including the option of moving the power plant off the lakefront. Joe Dean, 261 Nautica Dr.-Agrees with many of WE Energies issues regarding sound, safety, emissions and tax losses, but disagrees with quote in the press that as public officials we have to look at how things are – not as we want them to be. Elected officials should look to the future with a vision. The excuse that it’s too late is unacceptable. We still have the opportunity to make changes. The Council should make a motion to re-consider the situation and begin negotiations with WE Energies for a fresh look without a power plant on our lakefront. Scott Huebner, 1771 Laura Ln.-Council should re-consider actions previously taken to allow the power plant to sit on the lakefront with noise, pollution and safety concerns. Consider whether lakefront should be used by citizens or by the power plant. Feels negotiations should be re-opened. Roger Nehrbass, 900 Noridge Tr.-Talked about his concerns with pipeline safety issues. Marcia Trotchie, 214 S. Garfield Ave.-This is a major commitment that we are making that will affect us for generations to come. City should slow down and look at all of the affects. Commented that there is no access to the beach without going around the sewer plant. City should re-consider moving power plant. Mike Woods, 1723 Laura Ln.-City should look at re-negotiating the WE Energies agreement, particularly moving the power plant away from the lakefront. Mark Lackovic, 1390 Niesen Rd.-Lived here all his life and agrees with all the reasons previously mentioned that the City should take a fresh look at the situation and begin re-negotiations with WE Energies to move the power plant off the lakefront. Bob Sepper, 1522 Noridge Tr.-Is in agreement with speaker who preceded him. Has concerns with safety. The City should re-examine their actions and re-open negotiations with WE Energies. Tom Paulus, 266 Brian Ct.-Asked Council to re-open negotiations with WE Energies. Tim Trier, 228 W. Main St.-The process of Power the Future has been going on for some time. Where was everybody when other meetings were taken place? This is the best place for the power plant. It is WE Energies land and there is no guarantee that they would sell it. Also included is beach access, which was a concern of one of the speakers.

COMMITTEES

Finance and License Committee

1. Consider Hiring Virchow Krause and Company for GASB 34 Implementation Of Planning Assistance-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE HIRING OF VIRCHOW KRAUSE AND COMPANY FOR THE ASSISTANCE TO IMPLEMENT GASB 34 WITH A COST NOT TO EXCEED $5,000 FOR THE GENERAL FUND AND $2,000 FOR THE UTILITIES. Motion carried unanimously.

2. Consider Agreement Between City and School District For The Conveyance of Land-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO TABLE. Motion carried unanimously.

BOARDS/COMMISSIONS

Plan Commission

1. Ordinance 2003-2 (Rezoning Of Former Freeman Chemical Building 217 Freeman Drive FromB-2 To RS-1) 1^st Reading

UNFINISHED BUSINESS

Ordinance 2003-1 (Amend Chapter 9 Fee Schedule For Fire Alarm) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE ORDINANCE 2003-1. Motion carried unanimously.

NEW BUSINESS

OTHER MATTERS AS ALLOWED BY LAW-Alderman Babcock-The Council welcomes citizens’ comments and involvement, but noted that there were very few people voicing their opinion at the public hearings that he attended regarding WE Energies conversion to a gas-fired plant.

PUBLIC COMMENTS/APPEARANCES-Joe Dean, 261 Nautica Dr.-Feels the reason more people didn’t speak out against WE Energies conversion to a gas-fired plant when Power the Future was first introduced was that they thought it was a done deal. However, when people saw new information come out on facts in the City’s lawsuit, they thought it was too important to let it slide by.

Mayor Gottlieb gave his comments on the lawsuit. He felt that we did not do a good job as a city in terms of the way the whole issue of the lawsuit was handled. He gave background information to clarify matters concerning this. He said a lot of time and effort was put into this project and was not something that the City went into irresponsibly or without a lot of consideration for the concerns that were spoken about tonight. The City discussed all of these concerns in negotiations with Wisconsin Energy and we feel they were addressed satisfactorily in a Conditional Use Grant.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1)(c)(e) to discuss labor negotiations and to deliberate on the purchase and/or sale of public properties, which requires a closed session for competitive and bargaining reasons. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye; and Leicht-aye. Motion carried unanimously.

Table of Contents

Tuesday, January 7, 2003

A duly convened meeting of the Common Council was called to order at 7:30 P.M. by Mayor Mark Gottlieb in the Council Chambers at City Hall. Council members present were Aldermen Ron Voigt, Harold Matthews, Armin Schwanz, Burt Babcock, Tom Hudson and Pete Jushka. Absent and excused was Alderman Karl Leicht. Also present: was City Administrator Mark Grams. The Pledge of Allegiance to the Flag was recited.

CONSENT AGENDA

Approve Minutes of the Previous Meeting-December 17, 2002

Consider Original Operator’s License Application-Steven C. Kruse

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

MAYOR’S BUSINESS

OFFICERS REPORTS

Nomination Papers Filed-City Administrator Grams reported that as of 5:00 p.m., January 7^th the following have filed nomination papers: Mayor-Jack Eckert, Rick Nelson, Scott Huebner and Burt Babcock; Alderman 1^st District-Allan B. Haacke; Alderman 3^rd District-Armin F. Schwanz; Alderman 5^th District-Thomas Hudson; and Alderman 7^th District-Karl Leicht. Since there is a race for Mayor we will have a Primary, which will be held on February 18^th. On Friday we will draw lots for placement of names on the ballot for Mayor.

Mid-Moraine Municipal Dinner Meeting-City Administrator Grams reported that the next Mid-Moraine Municipal Dinner Meeting would be on Wednesday, January 22^nd. It will be hosted by the City of Hartford and will be held at Schauer Arts and Activity Center.

Update On Petition For Judicial Review Regarding PSC Decision-City Administrator Grams introduced Mr. Paul Kent, lead Attorney in our proceedings with the PSC and WE Energies. Mr. Kent gave a presentation on the lawsuit against the Public Service Commission of Wisconsin drawing attention to three items: 1) Background, 2) Allegations in the Petition Regarding Air Emissions and 3) Future Proceedings. He stated that when the agreement was being drawn up between the City and WE Energies for the conversion of a coal-fired plant to a gas-fueled plant, the City was looking at the long term – what is best for our community? He indicated that the City was looking for ways to minimize the adverse impacts of this project such as noise, dust, traffic and other items, but no matter what kind of job we would do in minimizing these impacts, there are still going to be impacts. The City sought to address these impacts through a conditional use grant (CUG) and development agreement with WE Energies. The development agreement includes provisions granting land to the City to help offset the loss of tax revenue as well as a reduction in overall air emissions. While these provisions minimize adverse impacts, there are still residual impacts to the City. It is for this reason we obtained a provision in the development agreement with WE Energies to provide an annual mitigation payment of $500,000 that is over and above the current state shared revenue payment. Unfortunately, the PSC denied this annual payment from WE Energies to the City. The City believes that the denial of the $500,000 payment was wrong. As a result, we asked what we could do to protect the City’s interests. Legally we have two options. One is to file a Petition for Judicial Review with the Circuit Court to justify this payment and the other is to petition for a re-hearing or re-consideration with the PSC.

The presentation then ended with a question and answer period by the Mayor and Aldermen.

PUBLIC COMMENTS/APPEARANCES-None

COMMITTEES

BOARDS/COMMISSIONS

UNFINISHED BUSINESS

NEW BUSINESS

OTHER MATTERS AS ALLOWED BY LAW

PUBLIC COMMENTS/APPEARANCES-None

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HUDSON TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (c) to review employee performance evaluations and discuss salary compensation. ROLL CALL: Voigt-aye; Matthews-aye; Schwanz-aye; Babcock-aye; Hudson-aye; Jushka-aye. Motion carried unanimously. Open Meeting adjourned at 8:25 p.m.

Reconvene Into Open Session-The meeting was reconvened into Open Session.

Resolution 2003-1 (2003 Salary Resolution)-MOTION BY ALDERMAN VOIGT, SECOND BY ALDERMAN JUSHKA TO APPROVE RESOLUTION 2003-1 AS AMENDED. Motion carried unanimously.

MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 9:23 P.M. Motion carried unanimously.

Table of Contents