Approve Minutes of the Previous Meetings – November 29, 2004 and December 7, 2004

Approve Operator's License Applications – George A. Housman, Jr., Michael J. Johnson, Christina F. Mannino and Robert A. Valadez

Approve Class "B" Fermented Malt License and "Class C" Retailer’s Wine License-Luigi’s Italian Restaurant, LLC (Christina F. Mannino/201 W. Seven Hills Rd./January 1, 2005 – June 30, 2005

Ordinance 2004-31 (Amending Certain Sewer Service Charges) 2^nd Reading – MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN LEICHT TO APPROVE ORDINANCE 2004-31. Motion carried unanimously.

Ordinance 2004-30 (Amendment To Municipal Code Regarding Garbage Collection) 2^nd Reading – The City Attorney reported that he and the Director of Public Works met to review Ordinance 2004-30 relating to changes in the City’s existing Refuse and Recycling ordinances. Amendments to the Municipal Code regarding garbage collection were necessary to codify the City’s policy on solid waste collection. MOTION BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2004-30. Motion dies for lack of a second. MOTION BY ALDERMAN MATTHEWS, SECONDED BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2004-30. Following a discussion on the proposed amendments to the Municipal Code relating to garbage collection, a vote was taken. 3 Ayes-Aldermen Schwanz, Matthews and Hudson. 3 Nays-Aldermen Haacke, Jushka and Leicht. Mayor Huebner voted aye. Motion carried.

Approve Minutes of the Previous Meeting – November 16, 2004

Approve Operator's License Applications – Meghan R. Obershaw, Sandra K. Wolfgram, and Renita V. Meloy

Update On Taurean Study-Mayor Huebner reported on the Survey on Community Preference by Taurean. Over 500 surveys were done and 25% of the surveys have been written. Responses will be taken through the end of December. Mayor Huebner updated the Council on some of the high points of the survey response. One of the questions was, what do you enjoy doing downtown? Dining was No. 1 at 79.5% and Festivals & Farmer’s Market – 62%. Another question was, what could be done to make the downtown better? The answer was more greenery and flowers at 56%. More specialty shops and restaurants came in at 70%; the primary mean of getting downtown was by car at 94.7%. You can access the results on line under the City’s web site.

Resolution 2004-25 (Recognition of Past Board/Commission Members)-MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2004-25. Motion carried unanimously.

Nomination Papers-City Administrator Grams reminded the Council that the deadline for filing nomination papers in the Clerk’s Office is Tuesday, January 4, 2005 at 5:00 p.m.

Update on Projects

Approve Minutes of the Previous Meeting – November 3, 2004

Approve Operator's License Applications – James F. Schmidt, Rebecca J. Gasser, Valerie R. Arrowood, Brook A. Martyn-Dow and Jennifer L. Fredricks

Mayor Huebner publicly thanked City Administrator Mark Grams, Rose Rowe, Sue Didier and all the poll workers who helped on Election Day.

Resolution 2004-24 (Fall General Election Referendum Results)-MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2004-24. Motion carried unanimously.

2005 City Budget Public Hearing (November 29^th)-City Administrator Grams reminded the Council that the public hearing for the 2005 City Budget would be held on November 29^th at 7:00 p.m.

Nomination Papers-City Administrator Grams reported that the Aldermanic Districts up for election in spring are the 1^st, 3^rd, 5^th, and 7^th. The first day to circulate nomination papers is December 1, 2004 and the final day for filing nomination papers in the office of the City Clerk is 5:00 p.m., on Tuesday, January 4, 2005. The last day for incumbents not seeking re-election to file Notification of Noncandidacy is December 24^th.

Update on Projects

Approve 2004 BID Tax Rate-MOTION BY ALDERMAN LEICHT, SECONDED BY ALDERMAN BABCOCK TO APPROVE THE 2004 BID TAX RATE OF $1.6349 PER $1,000 OF ASSESSED VALUATION. Motion carried unanimously.

Ordinance 2004-25 (Amend Zoning Code Regarding The Method To Measure Building Heights) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2004-25. Motion carried unanimously.

Ordinance 2004-26 (OPD Zoning With A Base Zoning Of CCM For Mariners Point Neighborhood (Johnson & Powers Streets) 2^nd Reading-MOTION BY ALDERMAN BABCOCK, SECONDED BY ALDERMAN HAACKE TO APPROVE ORDINANCE 2004-26. Motion carried unanimously.

Ordinance 2004-27 (Annexation Of Weiss Property Along County Highway LL) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN HUDSON TO APPROVE ORDINANCE 2004-27. Motion carried unanimously.

Ordinance 2004-28 (No Parking On A Portion Of N. Holden St. Near High School) 2^nd Reading-MOTION BY ALDERMAN MATTHEWS, SECONDED BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2004-28. Motion carried unanimously.

Approve Minutes of the Previous Meeting – October 19, 2004

Approve Operator's License Applications – Anton Vaiana, III, Andrew L. Wegner and Michelle L. Welch

Grow Southeastern Wisconsin Initiative-Mayor Huebner updated the Council on Grow Southeastern Wisconsin Initiative. He indicated that it is a group of legislators and municipal executives that he is involved with who get together to share their ideas and concerns in southeastern Wisconsin with the goal of working together to become an economic engine.

Review Of BID 2005 Budget-Traci Mead, Executive Director of the Port Washington Business Improvement District, gave a presentation of the proposed 2005 Annual BID Budget. Following her presentation, Mayor Huebner invited comments from the audience. Scott Schweizer, owner of Anchor Men’s Wear and former Treasurer for BID, commented on the proposed 2005 mill rate. He is not in favor of the 20% increase in taxes for BID. He said it is being raised for no particular reason. Also, management fees have increased three years in a row. We should live within our means. Bob Holton, owner of 201 N. Franklin St. and currently on the BID Board. He looks at the 20% increase as an investment, not an increase in taxes. He feels the budget is small compared to what they’ve accomplished. He is encouraged to see what BID has done as a building owner. Angela Barbian, business owner of Art Design, Ltd., indicated that there is a level of concern among business owners about the status of downtown. Many business owners have a fear that the downtown area is collapsing. Does not agree with the 20% increase. Jim Vollmer, Port Harbor Center-addressed the question of public annual reports – Are they certified with an independent audit? It should be known that the people have a right to terminate BID. The BID District has to be accountable for its expenditures. Feels the BID District is a good thing, but should be taxed and billed to the community, not the 5 or 6-block area of the BID District. Also, a plan has to be developed and documented before a budget can be approved. Mayor Huebner commented that the purpose of the Business Improvement District is to improve the downtown area. Feels that what BID has been doing is encouraging. The BID Board meets every month and businesses and the public is invited. The public should voice complaints as they come up. BID is working hard and moving in the right direction.

MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN JUSHKA TO APPROVE THE PORT WASHINGTON BUSINESS IMPROVEMENT 2005 BUDGET AT $54,150. Motion carried unanimously. City Administrator Grams indicated that BID should come back for the next meeting to approve the tax rate.

Update On Projects

Fall General Election (Voter Turnout)-City Administrator Grams reported there were 7,837 total eligible voters in the City of Port Washington and out of that number 6,223 votes were cast for a percentage of 79.4%. The Harbor referendum totals are as follows: Yes - 4,473 (79%) and No - 1,203 (21%). Approval of a resolution for this referendum will be on the next Council Agenda.

Update On Robert Owens Case Vs. PSC-City Attorney Eberhardt reported that the case of Robert Owens Vs. the PSC was voluntarily dismissed by Mr. Owens and the decision of the PSC still stands as it relates to the Power Plant.

Approve Minutes of the Previous Meeting - October 5, 2004

Approve Operator's License Applications - Travis D. Tappa, Matthew K. Breitenstein, Molly R. Freemont, and Nancy L. Gollin

Alliance Of Cities Award Presentation to Representative Mark Gottlieb - Mr. Ed Huck presented Representative Gottlieb with the Alliance Of Cities Award. Representative Gottlieb thanked the Mr. Huck and the Council.

Update On Coal Dock Committee Meeting - Mayor Huebner informed the Council that the coal dock would be used as a staging area for construction. The coal dock would be turned over to the City in 2010. The Committee would be discussing the outflow pipe in the inner harbor. A site visit is planned for Saturday, October 23^rd. Please let the Mayor know who is attending.

Mid-Moraine Association Dinner Meeting - Mayor Huebner requested that the Alderman inform him as to who was attending.

Next Council Meeting, November 3^rd - Mayor Huebner reminded the Alderman that the next Council meeting would be on Wednesday, November 3^rd after the election.

Updates On Projects:

Ordinance 2004-23 (Eliminate 30 Minute Parking On North Milwaukee Street) 2^nd Reading - MOTION BY ALDERMAN SCHWANZ AND SECONDED BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2004-23. Motion carried unanimously.

Resolution 2004-20 (Final Resolution To Special Assess For Sidewalk Construction Along Highway 32) - MOTION BY ALDERMAN HUDSON AND SECONDED BY ALDERMAN JUSHKA TO APPROVE THE FINAL RESOLUTION TO SPECIAL ASSESS SIDEWALK CONSTRUCTION ALONG HIGHWAY 32 WITH THE ADJUSTMENT TO MR. GOEBEL'S PROPERTY. Motion carried unanimously.

Resolution 2004-21 (Final Resolution To Special Assess For North Spring Street Improvements) - MOTION BY ALDERMAN JUSHKA AND SECONDED BY ALDERMAN SCHWANZ TO APPROVE THE FINAL RESOLUTION TO SPECIAL ASSESS FOR NORTH SPRING STREET. Motion carried unanimously.

Approve Minutes of Previous Meeting-September 21, 2004

Consider Original Operator’s License Applications-Amy L. Carroll

Approve Temporary Class "B" Retail License (Picnic)-St. Mary Parish, 446 N. Johnson St./Cafeteria/October 17, 2004 (Parish Dinner)

Approve Temporary Bartender’s License Applications-Gerald T. Lee and Leroy J. Dahm

MOTION BY ALDERMAN SCHWANZ SECONDED BY ALDERMAN HAACKE TO APPROVE THE CONSENT AGENDA. Motion carried unanimously

Proclamation Honoring Former Fire Chief Marc Eernisse-Mayor Huebner read the proclamation. MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN BABCOCK TO APPROVE THE PROCLAMATION HONORING FORMER FIRE CHIEF MARC EERNISSE. Motion carried unanimously.

Appoint To Design Review Board-MOTION BY ALDERMAN JUSHKA, SECONDED BY ALDERMAN LEICHT TO APPROVE THE APPOINTMENT OF JULIE VOELLER TO THE DESIGN REVIEW BOARD. Motion carried unanimously.

Proclamation Honoring Eagle Scout-Mayor Huebner read the proclamation honoring Calvin D. Thomas for the attainment of the rank of Eagle Scout. MOTION BY ALDERMAN HAACKE, SECONDED BY ALDERMAN SCHWANZ TO APPROVE THE PROCLAMATION HONORING EAGLE SCOUT CALVIN D. THOMAS. Motion carried unanimously.

Update On WE Energies Right-Of-Way (Clearing of Brush)-Mayor Huebner reported that City staff met with American Transmission Company regarding complaints from citizens because of the clear-cutting of brush in the area of the bike trail. ATC said that the main reason for clearing of brush is to prevent power outages. They plan to continue cutting brush in the spring, but will also talk about replanting. Mayor Huebner said he has some brochures from ATC as to what can be planted in these areas.

Update On Projects:

Mid-Moraine Municipal Association Meeting-City Administrator Grams reported that the Village of Kewaskum would be hosting the next Mid-Moraine meeting and the guest speaker will be Representative Mark Gottlieb. Also, a reminder that the League of Wisconsin Municipalities Conference is being held in October.

Ordinance 2004-22 (Prohibiting Theft Of Cable Services And Tampering And Establishing Penalties) 2^nd Reading-MOTION BY ALDERMAN JUSHKA, SECONDED BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2004-22. Motion carried unanimously.

Ordinance 2004-23 (Eliminate 30 Minute Parking On N. Milwaukee St.) 1^st Reading

Approve Closing Of Street For Block Party

MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN HUDSON TO APPROVE THE CLOSING OF THE 900 BLOCK OF N. BENJAMIN ST. ON OCTOBER 23^RD FROM NOON TO 10 P.M. FOR A BLOCK PARTY. Motion carried unanimously.

Accept Annexation Petition For Weiss Property-MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN SCHWANZ TO ACCEPT THE ANNEXATION PETITION FOR THE WEISS PROPERTY. Motion carried unanimously.

Approve Minutes of Previous Meeting-September 7, 2004

Consider Original Operator’s License Applications-Ronald P. Keller, Jamie Lee Price, Gregory A. Butler, Wendy S. Robertson, Eric A. Eibs

Consider Combination Class "A" Liquor License Application-Shopko Stores, Inc. (Scott Grassel) Shopko Express/1011 N. Wisconsin St./October 2, 2004 to June 30, 2005

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

Homecoming Celebration At High School-Mayor Huebner gave an informational update on changes to the annual homecoming week. He indicated that there would be no bonfire this year. The bonfire would be replaced with a "Spirit Night".

Update On Police & Fire Commission Proceedings Regarding Police Chief-Mayor Huebner reported that the Police & Fire Commission held a special meeting on Monday and made three motions: (1) to hire a special counsel for the purposes of investigation, (2) to suspend Chief Rudolph effective immediately and (3) that all employees of the Port Washington Police Department cooperate with the inquiries and investigations.

City Administrator Grams reported that Alderman Matthews continues to improve. He is now out of intensive care and is starting rehab work.

Fall Primary Election Results-City Administrator Grams gave an update on the statistics of the Fall Primary Election. He reported that the turnout was 36%, which is high for a primary.

Approve October 31^st For Halloween Trick Or Treating-MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN BABCOCK TO APPROVE OCTOBER 31^ST FROM 4-7 P.M. FOR HALLOWEEN TRICK OR TREATING IN THE CITY OF PORT WASHINGTON. Motion carried unanimously.

Update On Projects:

Discuss SEWRPC Report Analyzing The Costs To Provide Sanitary Sewer Service To The Former Schanen Property-City Administrator Grams reported that staff has several questions of SEWRPC regarding how they analyzed the City’s cost to provide sanitary sewer service to the former Schanen property. City staff will be meeting with SEWRPC to discuss this and will give a report at the next Council Meeting.

Ordinance 2004-22 (Prohibiting Theft Of Cable Services And Tampering And Establishing Penalties) 1^st Reading

Approve Minutes of Previous Meetings-August 17, 2004, August 19, 2004 and June 30, 2004

Consider Original Operator’s License Applications-Sarah J. Bakewell, Michele S. Skrentny, Ilona Fulop, Jennifer J. Boudin, Darcy M. Kitzman, Dana C. Selley, and Brenda J. Lucas

Consider Temporary Class "B" Retailer’s License (Picnic)-Ozaukee Lodge #17, F & AM/504 W. Grand Ave./October 16, 2004

Consider Temporary Bartender’s License Applications-Gretchen C. Berthiaume, Carol N. Campbell, David E. Tainter, Ross C. Campbell, Robert J. Berthiaume

Approve The Following Street Closings For Block Parties:

MOTION BY ALDERMAN JUSHKA, SECONDED BY ALDERMAN HAACKE TO APPROVE THE CONSENT AGENDA. Motion carried unanimously

Appointment To Police & Fire Commission-MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN SCHWANZ TO APPROVE THE MAYOR’S APPOINTMENT OF MARK GOTTLIEB TO FINISH THE TERM OF DENNIS KRANZ ON THE POLICE & FIRE COMMISSION. Motion carried unanimously.

Fall Primary Election, September 14^th-City Administrator Grams reported that the Fall Primary Election is scheduled for Tuesday, September 14^th. The Fall General Election will be held on Tuesday, November 2^nd.

Update On Conservation Easement With Mike & Ruth Schmit-City Administrator Grams reported that an agreement was reached regarding the trees and is now contingent upon Mike and Ruth Schmit signing the agreement.

Update on Projects:

Retain Legal Counsel For Latest PSC Proceedings Regarding WE Energies Rate Case-MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN SCHWANZ TO HIRE DAVIS & KUELTHAU TO MONITOR THE LATEST PSC RATE CASE REGARDING WE ENERGIES AND TO INTERVENE IF NECESSARY AT A COST NOT TO EXCEED $10,000. Motion carried unanimously.

Harbor Commission

Public Hearing To Levy Special Assessments For The Improvements To Highway 32 And The Installation Of Sidewalk-Mayor Huebner declared the public hearing open. Bob Goebel, 2561 Hwy 32-Questioned part of his assessment pertaining to a vision triangle that is state owned. Should he be assessed for that portion? Also asked that upon annexation, would he be responsible for sidewalk on other portions of his property in the future? A discussion followed. It was agreed that this was a legal issue that would require further study. The City Attorney will render a legal opinion on the parcel in question on the east side. Ruth Lorge, 2598 Hwy 32-Indicated that it was a total surprise that she was going to be assessed for sidewalk. Questioned the dimensions for assessing her property. The City Engineer indicated that the property description conflicts with what he has in his records and he would further check on it. It was explained that the special assessment was a condition of her annexation to the City.

MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN HAACKE TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Resolution 2004-18 (Final Resolution Authorizing Public Improvements To Levying Special Assessments For Sidewalk Improvements To A Portion Of Webster St., W. Main St., W. Jackson St., N. Montgomery St. And Hillcrest Ct.)-MOTION BY ALDERMAN BABCOCK, SECONDED BY ALDERMAN LEICHT TO APPROVE RESOLUTION 2004-18. Motion carried unanimously.

Resolution 2004-19 (Final Resolution Levying Special Assessments For 2003 Sidewalk Improvements)-MOTION BY ALDERMAN LEICHT, SECONDED BY ALDERMAN HAACKE TO APPROVE RESOLUTION 2004-19. Motion carried unanimously.

Approve Minutes of Previous Meeting-August 3, 2004

Consider Original Operator’s License Applications-Andrea W. Lanza, Nicole M. Richter, Morgan R. Wester and Daniel W. Kopecky

Consider Cabaret License Application-Ozaukee County Trades & Labor/Veterans Memorial Park/September 6, 2004

Consider Closing The Following Streets For Block Parties:

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

Mid-Moraine Association Dinner Meeting-City Administrator Grams reminded the Council of the Mid-Moraine Association Dinner Meeting scheduled for Wednesday, August 25^th, hosted by the Village of Saukville

Update On Projects

1. Highway 33 and LL Intersection Project- (a) City Engineer Rob Vanden Noven introduced people invited to the meeting to participate in the presentation by the Wisconsin DOT and Ayres & Associates. Present were members of the Board of Public Works, the Police and Fire Chiefs, Bob Dreblow, Ozaukee County Highway Commissioner, Todd Becker, Project Manager of the DOT-District 2-Waukesha, Bill Schilling and Jan Zander, Ayres & Associates, Mark Johnson, DOT-District 1-Madison, Project Development Section and roundabout expert. The City Engineer indicated that this presentation is informational only. This item will be on the next Board of Public Works agenda, which will then make a recommendation to the City Council to provide the WDOT design engineers direction as to how to proceed with this intersection project.

Mark Johnson gave a power point presentation. He talked about the alternatives of a roundabout and a signalized intersection. He explained that a roundabout is a circular intersection with specific design criteria used to "control traffic". He gave illustrative examples of roundabouts in various areas. Why are they safer? – Lower speeds and shorter breaking distance, which processes traffic. He said when making a determination of whether to use a roundabout or signals, you must evaluate the alternatives: safety, ROW impacts, business access, circulation, traffic operations and cost. A good design is required for proper operations. A question and answer period followed. The Council heard comments by aldermen, members of the Board of Public Works, members of the Ozaukee County Traffic Safety Commission, Ozaukee County Supervisors, Ozaukee County Highway Commissioner and Police and Fire Chiefs. Robert Dreblow-Ozaukee County Highway Commission asked if the DOT had examples of constructing roundabouts on a 4-lane divided highway? Mr. Johnson said that there are not a lot of examples because it is relatively new. He asked if they considered the alternative of leaving the overpass in place? The concept is that the existing structure would come down as part of the project. Mr. Dreblow also asked if the highway commission would be part of the approval? The City Engineer indicated that this was not a 3-way party project. Chief Rudolph said that we should be looking at the big picture. He had concerns about pedestrian safety with all the development in that area. Fire Chief Mark Mitchell had concerns about getting large fire apparatus through the roundabout. Jack Eckert, 9^th District Supervisor was gravely concerned about the number of pedestrians, especially children. Mr. Johnson indicated that there are pedestrian enhancements that could be incorporated in the roundabout. Fred Kaul, Supervisor and Chairman of the Highway Commission feels the county should have some input into the final decision of this project. Alderman Hudson feels this area is a situation that really needs to be fixed. The wider you made a road, the faster people will travel. On the plus side, the roundabout should slow traffic if designed correctly. Mayor Huebner said that if a roundabout is considered, we should be sure to enhance pedestrian safety. Mayor Huebner thanked the Wis. DOT and Ayres & Associates for their presentation.

N. Spring St. Project-made a lot of progress. The next step is curb & gutter and storm sewer.

W. Grand Ave. Sidewalk Project-on the final leg of the project.

WE Energies-No report.

Re-Assessment of City Properties-The assessors sent out notices to residents informing them of the hours for "Open Book" and the date the Board of Review will meet to hear objections to their assessments.

Public Hearing Establishing Height Limitations Within The B-4 Business District-Mayor Huebner declared the public hearing open. Christine Culligan. 418 Johnson St.-She asked what was the purpose of the changes being proposed in the B-4 Business District? MOTION BY ALDERMAN MATTHEWS, SECONDED BY ALDERMAN JUSHKA TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Public Hearing To Redefine The Project Size Of Planned Development Overlay Districts-Mayor Huebner declared the public hearing open. MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN HUDSON TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Ordinance 2004-18 (Amend Section 20.21.020 Of Zoning Code To Redefine The Project Size Of Planned Development Overlay District) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2004-18. Motion carried unanimously.

Ordinance 2004-19 (Annexation Of Land On N. Moore Rd. (Kleen Test) 2^nd Reading-MOTION BY ALDERMAN MATTHEWS, SECONDED BY ALDERMAN HAACKE TO APPROVE ORDINANCE 2004-19. Motion carried unanimously.

Ordinance 2004-20 (Annexation Of Land On Sunset Rd. (B & N. Development) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN HAACKE TO APPROVE ORDINANCE 2004-20. Motion carried unanimously.

Public Hearing To Amend The Zoning Code Regarding Membership On The Design Review Board-Mayor Huebner declared the public hearing open. MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN MATTHEWS TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Ordinance 2004-14 (Revisions To The Design Review Board) 2^nd Reading-MOTION BY ALDERMAN HAACKE, SECONDED BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2004-14. Motion carried unanimously.

Resolution 2004-15 (Final Resolution For 2004 Sidewalk Improvement Program)-MOTION BY ALDERMAN BABCOCK, SECONDED BY ALDERMAN MATTHEWS TO APPROVE RESOLUTION 2004-15. Motion carried unanimously.

Resolution 2004-11 (Preliminary Resolution With Intent To Levy Special Assessments For Street Improvements On N. Spring St.)-MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN HAACKE TO APPROVE RESOLUTION 2004-11. Motion carried unanimously.

Public Hearing Regarding Special Assessments For The N. Spring St. Project, Between Mallinger Dr. And County Highway KK-Mayor Huebner declared the public hearing open. MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN LEICHT TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Resolution 2004-16 (Preliminary Resolution For Special Assessments Along STH 32-Sidewalk Construction Between E. Sauk Rd. And City Limits)-MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN SCHWANZ TO APPROVE RESOLUTION 2004-16. Motion carried unanimously.

Approve Minutes of Previous Meeting-July 20, 2004

Consider Original Operator’s License Applications-Herbert E. Fischer, Paula Ann Larsen and Nicole A. Petz

Consider Temporary Class "B" Retailer’s License (Picnic)-Ozaukee County Trades & Labor/Veterans Memorial Park, Band Shell/September 6, 2004

Consider Temporary Bartender’s License Applications-Danielle M. Peterson

Consider Cabaret License Application-Gopher One, Inc. (Donna R. Jarolimek) 605 W. Grand Ave., August 4, 2004 to June 30, 2005

MOTION BY ALDERMAN JUSHKA, SECONDED BY ALDERMAN HUDSON TO APPROVE THE CONSENT AGENDA AND TO TABLE THE OPERATOR’S LICENSE FOR DANIEL C. KOPECKY. Motion carried unanimously. MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN MATTHEWS TO AMEND THE MOTION THAT THE COUNCIL MINUTES OF THE PREVIOUS MEETING BE CORRECTED ON PAGE 3, BOARDS/COMMISSIONS, UNDER A. 5., THE MOTION SHOULD READ: MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN HAACKE TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE INCORPORATING THE CHANGES DISCUSSED BY THE COUNCIL WHICH ALLOWS A MAXIMUM PERMITTED BUILDING HEIGHT OF 35 FEET OR UP TO 61 FEET BY CONDITIONAL USE; THAT CHURCH SPIRES, BELL AND/OR CLOCK TOWERS AND STEEPLES OVER 61 FEET MAY BE ALLOWED BY CONDITIONAL USE; ALL CONDITIONAL USES MUST BE APPROVED WITH A SUPER MAJORITY VOTE (2/3). Motion carried unanimously.

Mayor Huebner extended Happy Birthday wishes to City Administrator Mark Grams.

Update On Projects

Consider Conservation Easement Agreement Between Michael & Ruth Schmit And The City-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO TABLE. Motion carried unanimously.

Ordinance 2004-11 (Revisions To Junked And Abandoned Vehicle Ordinance) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECONDED BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2004-11. Motion carried unanimously.

Ordinance 2004-15 (Revision To The Municipal Code Regarding Pellet Guns) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN MATHEWS TO APPROVE ORDINANCE 2004-15. Motion carried unanimously.

Ordinance 2004-16 (No Parking On A Portion Of W. Jackson St. Near High School) 2^nd Reading-MOTION BY ALDERMAN JUSHKA, SECONDED BY ALDERMAN LEICHT TO APPROVE ORDINANCE 2004-16. Motion carried unanimously.

Ordinance 2004-19 (Annexation Of Land On N. Moore Rd. (Kleen Test) 1^st Reading

Ordinance 2004-20 (Annexation Of Land On Sunset Rd. (B & N Development) 1^st Reading

Resolution 2004-13 (Adopting The Ozaukee County Flood Mitigation Plan)-MOTION BY ALDERMAN SCHWANZ, SECONDED BY ALDERMAN BABCOCK TO APPROVE RESOLUTION 2004-13. Motion carried unanimously.

Approve Minutes of Previous Meeting-July 6, 2004

Consider Original Operator’s License Applications-Ellen R. Bode, Caroline J. Fulop, Paul E. DeMerit and Sonia D. Stoll

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

Committee To Develop Plans For Coal Dock Area-Mayor Huebner reported that he put together a list of Coal Dock Committee Members that he selected and that he is planning on setting up some meetings as early as August to investigate possible options for the land now being used by WE Energies to store coal.

Update On Projects

Ordinance 2004-13 (Amend The Agenda Procedure And Order Of Business For, And Relating To Public Comments At Meetings Of The Common Council) 2^nd Reading-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2004-13. Motion carried unanimously.

Consider Conservation Easement Agreement Between Michael & Ruth Schmit And The City-Tabled

Ordinance 2004-11 (Revisions To Junked And Abandoned Vehicle Ordinance) 1^st Reading-City Attorney Eberhardt indicated that this ordinance would facilitate the Police Department in the way it handles the towing and disposition of junked and abandoned vehicles. The amendment would also recognize "special interest vehicles" for legitimate collectors. The next step would be to enter into an agreement with a private towing service to haul away the junked or abandoned vehicles on an "as-needed" basis. This process would be cost saving to the City, as well as bring our ordinance in line with state laws.

Ordinance 2004-14 (Revisions To The Design Review Board) 1^st Reading

Ordinance 2004-15 (Revision To Municipal Code Regarding Pellet Guns) 1^st Reading

Ordinance 2004-16 (No Parking On A Portion Of W. Jackson St. Near High School) 1^st Reading

Approve Minutes of Previous Meeting-June 15, 2004

Consider Original Operator’s License Applications-Gwendolynn Kay Jacoby, Scott Grob and Stephanie A. Carroll

Approve Renewal Operator’s License Applications-Jennie Dixon, Carmen L. Cossette, Scott P. Morgan, Christina Frank, Aaron A. Beckmann, Linda C. Cooper, Rustam Zulfakar, Yelena Feriyants, Nancy Flanders, Irving E. Carlson, Carol E. Panek and Amy L. Habertsetzer

Approve Temporary Class "B" Retailer’s License (Picnic) Application-Port Washington Kiwanis Club/Kiwanis Pavilion/July 17, 2004 (Fish Day) and Port Washington Rotary Club/NE Corner Lake & E. Jackson Streets/July 17, 2004 (Fish Day)

Approve Temporary Bartender’s License Applications-Port Washington Kiwanis Club-John H. Sigwart, Daniel A. Hargarten, Dennis A. Heiss, Paul M. Ehrlich, Port Washington Yacht Club-Franz H. Schubert, St. Mary’s & St. Peter’s-Kevin D. Shaver, Port Washington Rotary Club-James D. Asplin and Robert D. Helm

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

Mayor Huebner thanked WE Energies for hosting the last coal boat tour.

Second July City Council Meeting-City Administrator Grams reported that a second Council Meeting is necessary and is scheduled for July 20^th.

Update On Projects

Ordinance 2004-13 (Amending The Agenda Procedure And Order Of Business For, And Relating To Public Comments At Meetings Of The Common Council) 1^st Reading-This ordinance is based on the Attorney General’s Opinion as to how Council Agendas are worded in the future.

Consider Condominium Plat For New Port Vista Fiduciary Real Estate Development-MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN HUDSON TO APPROVE THE CONDOMINIUM PLAT FOR NEW PORT VISTA FIDUCIARY REAL ESTATE DEVELOPMENT. Motion carried unanimously.

Ordinance 2004-12 (Revise Zoning Ordinance To Classify Day Care Facility As A Conditional Use) 1^st Reading

Acceptance Of Annexation Petition From Kleen Test-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO ACCEPT THE ANNEXATION PETITION FROM KLEEN TEST. Motion carried unanimously.

Acceptance Of Annexation Petition From B & N Development-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN JUSHKA TO ACCEPT THE ANNEXATION PETITION FROM B & N DEVELOPMENT. Motion carried unanimously. City Attorney Eberhardt asked that, for the record, it be noted that the Petition for Direct Annexation for B & N Development was circulated and signed on June 6, 2004.

Discuss Proposed Boundary Agreements Between The Town Of Port Washington And The City-City Administrator Grams reported that a tentative boundary agreement between the Town of Port Washington and the City was reached and is currently being reviewed by the attorneys. The City Administrator reviewed some of the areas of the agreement that were negotiated. He complimented the staff, Mayor and Town’s representatives for working very hard on this agreement.

Approve Fish Day Banner-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE HANGING THE FISH DAY BANNER ON N. WISCONSIN ST. Motion carried unanimously.

Hiring Seasonal Employee At Wastewater Utility-MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN BABCOCK TO APPROVE THE HIRING OF MR. PETER PETERSON FOR THE WASTEWATER UTILITY SEASONAL EMPLOYEE POSITION. Motion carried unanimously.

BID District Requests

Approve Minutes of Previous Meeting-June 1, 2004

Consider Original Operator’s License Applications-Bonnie S. Grudzinski, Jennifer L. Schmitz and Sara L. Dewane

Approve Renewal Operator’s License Applications-See attached list

Approve Renewal Combination "Class B" License Applications-B & C Operating Co., LLC (William R. Goldammer, II) Smith Bros. Restaurant/100 N. Franklin St., Buchel’s Colonial House, Inc. (Joseph E. Buchel) 1000 S. Spring St., Lakeview Hospitality, Inc. (Ken Strupp) Critic’s Corner Pub/350 E. Seven Hills Rd., Beanie’s (Joan B. Nigrelli) 102 E. Grand Ave., JAZ Enterprises, Inc. (Joseph A. Zankl) Port Hotel/101 E. Main St., Gopher One, Inc. (Donna R. Jarolimek) 605 W. Grand Ave., Schooner Pub, Inc. (Mark R. Poull) 114 N. Franklin St., Pasquale C. Montalto/Sundance/551 N. Wisconsin St., Willie’s Lakefront Lanes, Inc. (Gayle Wilber) 119 E. Main St., Harbor Hills, Inc. (Robert C. Nisleit) 101 Freeman Dr., I & B, Inc. (Irving E. Carlson, II) The Wilson House/200 N. Franklin St., George King, Jr./King On The Hill/601 N. Wisconsin St.

Approve Class "B" Fermented Malt Beverage Applications-John’s Tavern & Pizzaria (John J. Crowley) 117 E. Main St., Flag Pizza, Inc. (James P. Fortunato) Jimmy & Michele’s Gourmet Pizzeria/477 W. Grand Ave.

Approve "Class C" Retailer’s Wine License Application-Flag Pizza, Inc. (James P. Fortunato) Jimmy & Michele’s Gourmet Pizzeria/477 W. Grand Ave.

Approve Class "A" Fermented Malt License Application-We Got Gas, LLC (Richard Fulop) 528 W. Grand Ave.

Approve Original Combination "Class A" License Application-Sanfilippo Bros., Inc. (Joseph J. Sanfilippo) Sentry Food Store, 101 W. Seven Hills Rd.

Approve Combination "Class A" License Application-Rustam Zulfakar/Liquor Store One/925A S. Spring St.

Approve Cabaret License Applications-Harbor Hills, Inc. (Robert C. Nisleit), Willie’s Lakefront Lanes, Inc. (Gayle Wilber) 119 E. Main St., Pasquale Montalto/Sundance/551 N. Wisconsin St., Schooner Pub, Inc. (Mark R. Poull) 114 N. Franklin St., Lakeview Hospitality, Inc. (Ken Strupp) Critic’s Corner Pub/350 E. Seven Hills Rd.

Approve Temporary Class "B" Retailer’s License (Picnic) Application-Port Washington Leatherneck Club/July 17, 2004 (Fish Day)

Approve Temporary Bartender’s License Applications-Port Washington Leatherneck Club-Michael Kultgen, Bernie P. LaForest, Gary W. Hannert, Russell E. Harding

Brewers License/Wholesale License-Harbor City Brewing Co., Inc./James R. Schueller/535 W. Grand Ave.

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE CONSENT AGENDA EXCLUDING THE RENEWAL COMBINATION "CLASS B" LICENSE AND CABARET LICENSE FOR ESKB, LLC (ERIK T. STRASESKE) COYOTES/219 N. FRANKLIN ST. Motion carried unanimously.

Mayor Huebner introduced the new Fire Chief Mark Mitchell.

Open Meeting Law Relating To The Council’s And A Committee Agenda Item-City Attorney Eberhardt commented on his memo to City Administrator Grams regarding the opinion of the Wisconsin Attorney General interpreting and applying the state Open Meeting Law as it relates to municipal government agenda items.

Update On Project-The City Engineer updated the Council on the N. Spring St. Project, the Sidewalk Reconstruction Program and the WE Energies Power Plant Project.

Ordinance 2004-10 (Amend Municipal Code To Establish New Subdivision Street Requirements (Concrete Streets) 2^nd Reading-City Engineer Rob Vanden Noven distributed his comments to the Council regarding amending the ordinance to establish new subdivision street requirements in the matter of asphalt vs. concrete. He indicated that he feels there is some benefit both from an equity standpoint and looking out for the City’s best interest that we do offer the flexibility of having an ordinance that would allow the developer to choose either 7" concrete over a 4" base course or a 5 ½" asphalt over a 12" base course, which is consistent with what we’re doing in the City and also consistent with our neighbor to the west, Saukville. A discussion among the Aldermen followed.

MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE ORDINANCE 2004-10 AND AMEND THE MUNICIPAL CODE TO ESTABLISH NEW SUBDIVISION STREET REQUIREMENTS OF 5 ½ " ASPHALT AND A 12" BASE COURSE.

MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN HUDSON TO AMEND THE MOTION TO INCLUDE A CHOICE OF 7" CONCRETE WITH A 4" BASE COURSE. A discussion followed. City Attorney Eberhardt indicated that because the comments discussed to amend the proposed ordinance may not be clear to everyone, that a better way to proceed would be to reject the ordinance as proposed and bring it back to the next meeting rewritten to reflect what the Aldermen want included in it. Vote on amended motion - 0 ayes, 5 nays. Motion failed. Vote on original motion - 0 ayes, 5 nays. Motion failed. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO TABLE. Motion carried unanimously.

Public Hearing To Rezone Property At 235 W. Grand Ave. (Jadair) From I-1 To B-4. Mayor Huebner declared open the public hearing. There were no comments. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN LEICHT TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Ordinance 2004-9 (Rezoning Of Jadair Property) 2^nd Reading-Tabled

Ordinance 2004-11 (Revisions To Junked And Abandoned Vehicle Ordinance) 1^st Reading-Tabled

Approve Closing A Portion Of Montgomery Street For A Block Party-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APPROVE CLOSING A PORTION OF THE 300 BLOCK OF N. MONTGOMERY ST. ON JULY 10^TH FROM 2:00 P.M. UNTIL MIDNIGHT FOR A BLOCK PARTY. Motion carried unanimously.

Approve Minutes of Previous Meeting-May 18, 2004

Consider Original Operator’s License Applications-Lena D. Hacker and Billie Jo Wetzel

Approve Original Combination "Class B" License Application-Pier 6, LLC (Al Uselding) 329 N. Franklin St. (Individual to Corporation)

Approve Renewal Combination "Class B" License Applications-Randall J. Buser/Grand Avenue Saloon/550 W. Grand Ave., New Port Shores, Inc. (John W. Weinrich) 407 E. Jackson St., Van Ells-Schanen American Legion Post #82 (Ray Wendt) 435 N. Lake St., Port Washington Hotel, LLC (Cathy A. Wilger) 135 E. Grand Ave., Herbert James/Sir James Pub/316 N. Franklin St.

Approve Combination "Class A" License Applications-Peter C. Beck Corp (Peter Stacy) 215 N. Franklin St., Ozaukee Enterprises, Ltd. (Harold Block) 1011 N. Wisconsin St., KB Foods, LLC (Kyle Holbrook) 201 N. Franklin St.

Approve Class "B" Fermented Malt Beverage License Applications-Port Washington Yacht Club (Jean E. Gruen) 430 N. Lake St. and Dockside Deli, Inc. (Mary Ann Voigt) 218 E. Main St.

Approve Temporary Class "B" Retailer’s License (Picnic) Applications-Port Washington Yacht Club/430 N. Lake St./July 17, 2004 (Fish Day), Port Washington/Saukville Jaycees/Lakefront Parking Lot/July 17, 2004 (Fish Day) and Great Lakes Sport Fishermen Club – Ozaukee Chapter/Kiwanis Pavilion/July 2, 3, and 4, 2004 (Fish Derby)

Approve Temporary Bartender’s License Applications-Port Washington Lions Club-Larry J. Nowakowski, Port Washington/Saukville Jaycees-Michael C. Gasper, Kristin A. Gasper, Lisa M. Pawling, Debra J. Pawling, Great Lakes Sport Fishermen Club/Ozaukee Chapter-Larry L. Trickel, Duane E. Nadolski, Patrick D. Ryan, Paul J. Pogrant, William C. Schroeder, Frederick W. Ladwig, Bill R. Ladwig, Richard R. Donelson, Robert J. Hammen

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

Appointment To Police & Fire Commission-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN LEICHT TO APPROVE THE APPOINTMENT OF TERRY L. TIETYEN TO THE POLICE & FIRE COMMISSION. Motion carried unanimously.

Appointment To Community Development Authority (CDA)-MOTION BY ALDERMAN HUDSON, SECONDBY ALDERMAN BABCOCK TO APPROVE THE APPOINTMENT OF DAVE SEIWERT TO THE COMMUNITY DEVELOPMENT AUTHORITY. Motion carried unanimously.

Appointment To Board of Review-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE APPOINTMENT OF JULIAN ROGERS TO THE BOARD OF REVIEW. Motion carried unanimously.

Appointment To Library Board-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE REAPPOINTMENT OF BARBARA MATERA AND MARIE ZIRBES TO THE LIBRARY BOARD. Motion carried unanimously.

Appointment To Zoning Board Of Appeals-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN JUSHKA TO APPROVE THE REAPPOINTMENT OF JOHN SIGWART, TERRY MORGAN AND JAMES L. WALSH (ALTERNATE) TO THE ZONING BOARD OF APPEALS. Motion carried unanimously.

Mayor Huebner received a letter from a resident who was paying bills at the front desk and he expressed his appreciation of the courtesy, professionalism and friendliness he received from the ladies. Also, our City crew helped Grafton under the mutual aid agreement during recent storms and the Mayor received a call and e-mail thanking the City of Port Washington for their help.

City Administrator Grams reported that the City of Port Washington documented record rainfall in the last few weeks, but we were very fortunate that no flooding occurred compared to other surrounding communities.

Update On Projects-WE Energies-Construction site tour is scheduled for June 27^th. Construction is 34% complete. Sidewalk Improvement Project-Delayed due to rain-target date is June 16^th. Highway 33-Second public informational meeting is being held next Thursday from 5:00 to 7:00 p.m. in Saukville. N. Spring St.-Bid opening this Thursday-start in early July. Walkway - W. Grand Ave.-Weather delays because of heavy rain-hopefully will be starting later this month.

Ordinance 2004-10 (Amend Municipal Code To Establish New Subdivision Street Requirements (Concrete Streets) 1^st Reading A discussion of concrete vs. asphalt was held by the Aldermen and staff.

Ordinance 2004-11 (Revisions To Junked And Abandoned Vehicles Ordinance) 1^st Reading City Attorney Eberhardt indicated that the ordinance was not in the Council packet, but attached was a summary of what the ordinance revisions would encompass.

Approve Hiring Summer Seasonal Employee For Wastewater Utility-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE HIRING OF ERIC RYER FOR THE WASTEWATER UTILITY SUMMER HELP POSITION. Motion carried unanimously.

Approve Minutes of Previous Meeting-May 4, 2004

Consider Original Operator’s License Applications-Andrea M. Watry

Approve Combination "Class B" License Applications-Pasta Shoppe, LLC (James Kiesow) 323 N. Franklin St., Wendy J. Corgiat/Chuck’s Engine Room/201 W. Grand Ave., and B & C Operating Co., LLC (William R. Goldammer, II) 100 N. Franklin St.

Approve Combination "Class A" License Applications-T. P. Stores, Inc. (Robert Norskog) 1430 W. Grand Ave

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

Approve Class "B" Fermented Malt Beverage License Applications-PH Green Bay, LLC (Caroline J. Mitchell) Pizza Hut/1021 N. Wisconsin St.

Approve Temporary Class "B" Retailer’s License (Picnic) Applications-St. Peter of Alcantara Congregation/Port Washington Marina/July 17, 2004 (Fish Day) and Ozaukee Lodge #17 F & AM/Port Harbor/July 17, 2004 (Fish Day)

Approve Cabaret License Application-B & C Operating Co., LLC (William R. Goldammer, II) 100 N. Franklin St./July 1, 2004 to June 30, 2005

Approve Temporary Bartender’s License Applications-VFW Post #7588-Robert W. Hackbarth, Wesley R. Blumenberg, William C. Bley, Earl R. Farmer, St. Peter’s-St. Mary’s Parish Festival-Richard F. Plier, Patrick A. Hans, Steven J. Deutsch, Lionsfest-Howard H. Keller, St. Peter’s Men’s Club-Robert E. Dreier, Beth Ann Lauters, William H. Adams, Randall A. Lanser, Lois K. Lanser, Russell R. Schreiner, Ozaukee Lodge #17 F & AM-Thomas J. Abbott, Frederick W. Stelter, Mark A. Flack, David E. Tainter, Erwin A. Wuehr

MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HAACKE TO APPROVE THE CONSENT AGENDA AS PRESENTED EXCEPT TO TABLE THE ORIGINAL OPERATOR’S LICENSE FOR ANDREA M. WATRY AND THE COMBINATION "CLASS B" LICENSE FOR B & C OPERATING CO., LLC (WILLIAM R. GOLDAMMER, II) 100 N. FRANKLIN ST. Motion carried unanimously.

Appointment to BID Board-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO APPROVE THE APPOINTMENTS OF MRS. REBECCA CONELL AND MR. ROBERT HOLTON TO SERVE AS BOARD MEMBERS OF THE BUSINESS IMPROVEMENT DISTRICT. Motion carried unanimously.

Resignation of Commissioner Geller-Mayor Huebner reported that he accepted the resignation of Scott Geller from the Police & Fire Commission.

Attached to Mark’s last newsletter was a list highlighting summer and fall events being sponsored by the BID District. Mayor Huebner publicly thanked Traci Mead, Executive Director of the BID District, for coordinating all these events in conjunction with the last coal boat coming into Port Washington.

Mid-Moraine Municipal Association Dinner Meeting-City Administrator Grams reported that the next Mid-Moraine Municipal Association Dinner Meeting would be held on Wednesday, May 26^th, hosted by the Village of Newburg at the Riveredge Nature Center.

Update on Projects-WE Energies-31% complete. Highway 33 Project-There will be a Public Information Meeting to view exhibits of the roadway plans held on Thursday, June 3^rd from 5:00 to 7:00 p.m. at the Village of Saukville Municipal Center. Sidewalk Improvement Project-Project to start early to mid-June by Cape & Sons, contractors.

WE Energies Rate Case-City Administrator Grams reviewed the WE Energies Rate Case, which was approved by the PSC for 2003 and 2004. Mitigation payments were approved as part of this rate case. WE Energies has submitted another rate case to the PSC for 2005 expenditures. Mitigation payments will in all likelihood be discussed as part of this rate case.

Consider Amendments To Concession Stand Agreement With Youth Baseball-MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE AMENDMENTS TO THE CONCESSION STAND AGREEMENT WITH YOUTH BASEBALL AS PER THE RECOMMENDATIONS OF THE CITY ATTORNEY. Motion carried unanimously.

Approve Closing Of Streets For BID District (Farmer’s Market)-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN BABCOCK TO APPROVE THE CLOSING OF A PORTION OF MAIN STREET FROM JULY 3^RD TO OCTOBER 30^TH FROM 6:30 A.M. TO NOON, EXCEPT FOR WEEKENDS WHERE THERE WILL BE SPECIAL PROMOTIONAL EVENTS. Motion carried unanimously.

Approve Minutes of Previous Meeting-April 20, 2004

Consider Original Operator’s License Applications-Christy J. Corrigan, Ian J. Young

Approve Original Class "B" Fermented Malt Beverage License Application-Flag Pizza, Inc. (James P. Fortunato) 477 W. Grand Ave./May 1, 2004 to June 30, 2004

Approve Original "Class C" Retailer’s Wine License Application-Flag Pizza, Inc. (James P. fortunate) 477 W. Grand Ave./May 1, 2004 to June 30, 2004

Approve Temporary Class "B" Retailer’s License (Picnic) Application-Port Washington Memorial VFW Post #7588

Proclamation Declaring May 15^th Peace Officers Memorial Day And May 9-15 National Police Week-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE THE PROCLAMATION AS PRESENTED BY THE MAYOR. Motion carried unanimously.

Update On Projects-WE Energies-29% complete. Sidewalk Improvement Project-Work is scheduled to begin in early June. N. Spring St.-Project going out to bid next week.

Ordinance 2004-6 (Create Temporary Deputy Fire Chief Position) 2^nd Reading-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HAACKE TO APPROVE ORDINANCE 2004-8. Motion carried unanimously.

Public Hearing For The Rezoning Of Land Along Highway 33 (Bielinski Development) From Agriculture To OPD With A Base Zoning Of RS-4, RS-5 And B-2-Mayor Huebner declared the public hearing open. There were no comments. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO CLOSE THE PUBLIC HEARING. Motion carried unanimously.

Ordinance 2004-5 (Rezoning Of Property In Hidden Hills Subdivision (Bielinski Development) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2004-5. Motion carried unanimously.

Approve Closing A Portion Of Niagara Lane For Graduation Party-MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO APPROVE CLOSING A PORTION OF NIAGARA LANE FOR A GRADUATION ON MAY 22^ND. Motion carried unanimously.

Approve Minutes of Previous Meeting-April 7, 2004

Consider Original Operator’s License Applications-Jaynee Ann Peterson, Nicole A. Petz, Sheri L. White and James P. Fortunato

Welcome From Mayor-Mayor Huebner congratulated the Aldermen who were re-elected and also welcomed Alderman Jushka back.

Consider Committee Appointments-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE MAYOR’S COMMITTEE APPOINTMENTS AS PER HIS MEMO. (Copy attached to official minutes) Motion carried unanimously.

Proclamation Celebrating April 30^th As Arbor Day In Port Washington-Mayor Huebner read a proclamation proclaiming April 30^th as Arbor Day in the City of Port Washington. MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HAACKE TO APPROVE THE PROCLAMATION FOR ARBOR DAY. Motion carried unanimously.

Election Of Council President-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN HAACKE TO CAST A UNANIMOUS BALLOT FOR ALDERMAN LEICHT. Motion carried unanimously.

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

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

Update On Projects-Sidewalk Program-Staff recommendation is to award sidewalk improvement project to James Cape and Sons. N. Spring St.-Working with Gremmer & Associates-should have an award in May to start construction in July or August. WE Energies-26.3% complete. N. Franklin St.-Made corrections to the streetlights.

Review New Robert Owen Petition For Judicial Review Against Public Service Commission-City Attorney Eberhardt reviewed the petition for judicial review of petitioner Robert H. Owen, Jr. against the Public Service Commission for not following state statutes in allowing the new power plant to be built. The City Attorney wanted the Council to be aware that the lawsuit is filed and to concur with the course of action recommended by our attorney for the power plant and that the Council authorize $8,500 in attorney fees and costs to fight the lawsuit that seeks to halt construction of the new downtown power plant. MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HUDSON TO AUTHORIZE OUTSIDE COUNSEL TO INTERVENE ON BEHALF OF THE CITY AND APPROVE EXPENDITURES OF UP TO $8,500 IN ATTORNEY FEES AND COSTS TO FIGHT THE LAWSUIT OF ROBERT OWEN. 6-ayes and 1 nay (Babcock) Motion carried.

City Newsletter-City Administrator Grams reported that the City Newsletter would go to print within the next day or two.

Consider Pre-Annexation Agreement With PASCO, LLC-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN JUSHKA TO APPROVE THE PRE-ANNEXATION AGREEMENT WITH PASCO, LLC ON CONDITION A SETTLEMENT IS REACHED OF SECTION 4.15. Motion carried unanimously.

Consider Pre-Annexation Agreement With Weiss, LLC And Blue Sky-MJI, LLC-Tabled

Ordinance 2004-3 (Annexation Of Jacque Land) 2^nd Reading MOTION BY ALDERMAN BABCOCK, SECOND BY ALDERMAN SCHWANZ TO APPROVE ORDINANCE 2004-3. Motion carried unanimously.

Ordinance 2004-4 (Annexation Of PASCO, LLC Land) 2^nd Reading MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2004-4. Motion carried unanimously.

Approve Minutes of Previous Meetings – March 16, 2004 and March 25, 2004

Consider Original Operator’s License Applications-Andrew L. Wegner, Karl R. Stuhmer, Jr., Rustam Zulfakar, Yelena Feriyants and Katie Sue Hawley

Consider Temporary Class "B" Retailer’s License (Picnic) Applications-St. Peter’s/St. Mary’s Catholic Churches, Annual Parish Festival, Veteran’s Park/Band Shell area, August 13 & 14, 2004

Consider Temporary Bartender’s License Applications-St. Peter’s/St. Mary’s Catholic Churches-Daniel P. Becker, Steven K. Hansen, Mark J. Goeden; Port Washington Lions Club/Fish Day-Daniel P. Becker, Glenn G. Esselman, Gerald F. Bley, Steven K. Hansen, Lawrence R. Caro, Brian E. Boettcher, Rich F. Plier, David G. Mueller; Port Washington Lions Club/Lions fest-Daniel P. Becker, Glenn G. Esselman, Lloyd P. Morgan, Paul A. Drews, Gerald F. Bley, Kurt A. Kleparski, James D. Asplin, Steven K. Hansen, David G. Mueller, Richard F. Plier, Brian E. Boettcher, Lawrence R. Caro

Consider Original Combination Class "A" Retail License Application-KB Foods, LLC (Kyle Holbrook) 201 N. Franklin St./June 1, 2004 to June 30, 2004

Consider Cabaret License Applications-St. Peter’s/St. Mary’s Catholic Church/Annual Parish Festival/Veteran’s Park/August 13 & 14, 2004 and Donna R. Jarolimek (Gopher One) 605 W. Grand Ave./April 17, 2004

Mayor Huebner reported that he would be putting together the boards, committees and commission assignments.

Resolution 2004-8 (Approve 2004 Spring General Election Results)-MOTION BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN BABCOCK TO APP0ROVE RESOLUTION 2004-8. Motion carried unanimously.

Update On Projects-STH 32-Franklin/Wisconsin Sts.-A public informational meeting for proposed improvements to Franklin and Wisconsin St. from Grand Ave. to I-43 is scheduled for Tuesday, April 13^th from 4:30 p.m. to 7:00 p.m. with a formal presentation at 6:00 p.m., which will be televised. N. Spring St.-A public informational meeting was help on April 1^st. Construction is tentatively scheduled for July or August. Sidewalk Improvement Project-Bids are due next week. The general project boundaries are Holden and Wisconsin Sts. On the west/east, and Van Buren and Grand on the north/south. Construction is currently scheduled for June and July. City Garage-Proposals have been received for the engineering and architectural design work for the expansion of the City garage. Proposals will be reviewed and a recommendation made to the Board of Public Works.

A reminder that the next City Council Meeting will be held on April 20^th. There will be no Finance and License Committee prior to the meeting.

Update On Lawsuit Regarding Power Plant Project-City Attorney Eberhardt updated the Council on the lawsuit regarding the power plant project. He will keep the Council posted.

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

Hiring Part-Time Seasonal Employees To Monitor Street Department Yard-MOTION WAS MADE BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE THE HIRING OF JAMES RADLOFF AND DUANE HALVERSON AT A RATE OF $7.50 PER HOUR FOR THE SEASONAL POSITION TO MONITOR THE STREET DEPARTMENT YARD. Motion was carried unanimously.

Consider Revolving Loan Fund Application By K. McDonald – Mr. John Meland of SEWRPC was present to review the revolving loan fund application submitted by Ms. Kathy McDonald. Ms. McDonald intends to operate a business on N. Franklin St. The business is a retail store, which will sell cheesecake and other bakery goods and also sell coffee to be consumed on sight. Mr. Meland reviewed her financial information submitted with her application. The Council then had several questions in regards to her loan application. Following discussion, MOTION WAS MADE BY ALDERMAN SCHWANZ, SECOND BY ALDERMAN HAACKE TO APPROVE THE REVOLVING LOAN FUND APPLICATION WITH THE CONTINGENCIES LISTED IN MR. MELAND’S LETTER AND ON CONDITION THAT THE APPLICATION IS APPROVED BY THE COMMUNITY DEVELOPMENT AUTHORITY AND AN ADDITIONAL CONTINGENCY THAT WOULD GRANT INTEREST ONLY PAYMENTS FOR THE FIRST 12 MONTHS. Motion was carried unanimously.

MOTION WAS MADE BY ALDERMAN LEICHT, SECOND BY ALDERMAN MATTHEWS TO GO INTO CLOSED SESSION According To Wisconsin State Statute 19.85 (1) (c) to discuss candidates for the Wastewater Treatment Plant Superintendent Position. ROLL CALL: Haacke-aye, Matthews-aye, Schwanz-aye, Babcock-aye, Hudson-aye and Leicht-aye. Motion carried unanimously.

Approve Minutes of Previous Meeting-March 2, 2004

Approve Original Operator’s License Applications-Jamie L. Youngthunder and Jeffrey A. Bolette

Proclamation Honoring Eagle Scouts-Mayor Huebner read proclamations honoring Alex Micheal Nicoud, Jordan Michael Quentin and Richard Taylor Schadt for attaining the rank of Eagle Scout.

Mayor Huebner reported that he would be attending a BID Meeting tomorrow to hear a presentation from The Taurean Group who does economic analysis and marketing studies to help cities reach their full potential. Their focus would be to help the City’s future development of the downtown area.

Mid-Moraine Association Dinner Meeting-City Administrator Grams reminded the Council of the next Mid-Moraine Dinner Meeting to be held next Wednesday, March 24^th, hosted by the Village of Germantown.

Update On Projects-A public information meeting will be held on April 13^th for the Hwy 32 Wisconsin/Franklin Street Project. A public information meeting is tentatively scheduled for April 1^st for improvements to North Spring Street.

Next Council Meeting, April 7^th-The next City Council Meeting will be held on Wednesday, April 7^th because of the Spring Election.

Ordinance 2004-2 (No Trucks Over 6,000 Pounds On Larabee Street) 2^nd Reading-MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN LEICHT TO APPROVE ORDINANCE 2004-2. Motion carried unanimously.

Acceptance Of Annexation Petition From PASCO, LLC-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN JUSHKA TO ACCEPT THE ANNEXATION PETITION FROM PASCO, LLC. Motion carried unanimously.

Approve Minutes of Previous Meetings-February 18 and 20, 2004

Approve Original Operator’s License Applications-Adam J. Ewald and Nichole P. Shilts

Approve Temporary Bartender’s License Application-Danielle Peterson

Proclamation Honoring Lutheran Schools Week-Mayor Huebner read the proclamation. MOTION BY ALDERMAN LEICHT, SECOND BY ALDERMAN HAACKE TO APPROVE THE PROCLAMATION HONORING LUTHERAN SCHOOLS WEEK AS MARCH 7 TO MARCH 13, 2004. Motion carried unanimously.

Update On Projects-WE Energies-Staff met with WE Energies to discuss the Draft Harbor Study by Baird. They indicated that City comments would be incorporated into the study before making the final report. Construction of the power plant is 17 ½% complete. City Engineer Vanden Noven affirmed that the City is planning on creating the pedestrian walkway from Tower Drive to the Bley Park Subdivision this summer.

City Administrator Grams reported that the next Mid-Moraine Dinner Meeting is scheduled for Wednesday, March 24^th, which is being hosted by the Village of Germantown.

Ordinance 2004-2 (No Trucks Over 8,000 Pounds On Larabee Street) 1^st Reading-City Attorney Eberhardt recommended that City staff should decide what other streets within the City should be designated as heavy traffic routes and add the names to the ordinance.

Acceptance Of Annexation Petition For Jacque Land-MOTION BY ALDERMAN MATTHEWS, SECOND BY ALDERMAN SCHWANZ TO APPROVE ACCEPTANCE OF THE ANNEXATION PETITION FOR THE JACQUE LAND. Motion carried unanimously.

Approve Minutes of Previous Meeting

Approve Original Operator’s License Applications

Approve Temporary Class "B" Picnic Beer License Applications

Consider Cabaret License Application

Discuss Police & Fire Commission’s Decision Regarding Port Hotel-Mayor Huebner indicated that there should be more discussion on the decision of the Police & Fire Commission regarding the Port Hotel because we owe it to the citizens and businesses of our City. The Mayor felt the lobbyist who appeared at the Police & Fire Commission Meeting reported facts that were misstated and were not entirely true. He agrees that sprinklers are needed in older buildings but feels that the following should be considered: 1) The applicants for remodeling buildings should be treated fairly and honorably, 2) The City has an ordinance on the books regarding the requirement of sprinkler systems but the process has mixed messages to the businesses in our community and 3) What is being expected of businesses when they refurbish these buildings? These items need to be addressed. There needs to be a definition of what is to be expected. A discussion followed. Alderman Babcock asked if the Police & Fire Commission has the power to make an exception to the rule? City Attorney Eberhardt stated that if the Fire Chief denies the applicant’s request, then they have the right to appeal to the Police & Fire Commission. City Planner Tetzlaff said financing was an issue with the Port Hotel and options were discussed such as applying for a revolving loan fund. Alderman Leicht said that if the sprinkler system can save one life, he is in favor of it. Alderman Haacke said that the immediate concern is to see if there is some way under the present code that we can work with the Port Hotel so the proposed renovation can be done. The long-term issue would be to revisit the entire code to see how it works and possibly make some modification to it so it is consistent. There are always exceptions to the law and the aging downtown area has to be made safe. Alderman Hudson said his first concern is

Update on BID Activities-Traci Mead, Executive Director of the Business Improvement District, addressed the Council to update them on BID activities in the downtown area. She said that the BID is focusing on promoting the downtown area. Since November there has never been more buildings being purchased and sold in downtown, which is changing the face of downtown Port Washington. She indicated that approximately 4,000 surveys were sent out and to date she has received 248 responses, which will be very helpful in marketing and attracting businesses. The results would be tabulated by the middle of next month.

She reported the following calendar events – a spring event is being held April 3^rd. The commencement of the Farmer’s Market will run July 3^rd every Saturday until October 30^th. This event benefits tourism and marina traffic. The Maritime Heritage Festival is July 23, 24 and 25 and this year there would be an appearance by a Great Lakes boat, the US brig Niagara, a reconstruction of an 1812 warship. The Dennis Sullivan will be visiting on May 23. Port Washington will be a part of a weekend long event sponsored by the Wisconsin Maritime Museum being held September 10, 11 and 12. The Port Washington Historical Society will also be conducting tours of the Light Station in connection with this event. Maxwell Street Days is August 7^th. Harvest Fest is October 30, which may include a Ghost Walk, and December 4^th is Christmas On The Corner.

Lights, Trees and Flowers – She indicated that Rob Vanden Noven attended a BID Meeting and had a lot of good ideas concerning an attempt to rectify the lighting situation downtown in a very smart manner. He has also offered assistance with planting flowers and possibly small ornamental tees along the Harbor Walk.

Update On Projects – City Planner Tetzlaff reported that WE Energies indicated that Baird completed a draft of the harbor study and a meeting would be held to discuss it. Construction of renovation of the power plant is 15.4% complete.

Next Council Meeting, February 18^th-A reminder that the next City Council Meeting would be held on Wednesday, February 18^th because of the Spring Primary Election.

Update on Projects-Power Plant-Work is moving along despite the weather. Project is 13.7% complete. Draft of Harbor Study was completed, which was given to the City to review. Highway 33-Surveyors will be on site over the next couple of weeks. An informational meeting regarding the project will be held on February 17^th from 5:00 p.m. to 7:00 p.m. in the lower level conference room.

There is a public hearing on the water rate increase scheduled for Monday, February 23, 2004, at 9:00 a.m. in the City Hall Council Chambers.

Ordinance 2004-1 (Residential Design Standards For One & Two Family Dwelling Units) 2^nd Reading-City Attorney Eberhardt reviewed some of the changes he made to the last draft of the ordinance. MOTION BY ALDERMAN HAACKE, SECOND BY ALDERMAN JUSHKA TO APPROVE ORDINANCE 2004-1 AS AMENDED. Motion carried unanimously. Alderman Haacke thanked the Plan Commission for all the time they spent working on this ordinance.

Consider Memorandum of Understanding for Joint Comprehensive Planning Between the City and Ozaukee County-City Planner Tetzlaff reviewed changes to the agreement and Multi-Jurisdictional Comprehensive Plan. MOTION BY ALDERMAN HUDSON, SECOND BY ALDERMAN BABCOCK TO APPROVE THE MEMORANDUM OF UNDERSTANDING FOR JOINT COMPREHENSIVE PLANNING BETWEEN THE CITY AND OZAUKEE COUNTY. Motion carried unanimously.

Mayor Huebner gave an update on the coal dock land. He is currently working on getting a committee together to come up with ideas for use of that land. He will be contacting Dennis Cherny, Harbormaster and Jay Jansen, Park & Recreation Director in the next couple of weeks as the Harbor Commission and Park & Recreation Board will play an important part in this project. The City would also have to find out from the DNR what parameters would have to be followed in planning for this land.

The Mayor, City Administrator and City Engineer met with Kevin Schaefer of MMSD to see what they are doing for storm water runoff. It was suggested that we get in touch with the City of Racine because they have an aggressive comprehensive plan for beaches as far as keeping them open.

Submission of Nomination Papers-City Administrator Grams reported that the deadline of submission of nomination paper was today at 5:00 p.m. The individuals who submitted nomination papers were 2^nd Aldermanic District-Harold K. Matthews and Scott A. Geller; 4^th Aldermanic District-Burt Babcock; and 6^th Aldermanic District-Peter J. Jushka

Mid-Moraine Municipal Association Dinner Meeting-City Administrator Grams reported that the next Mid-Moraine Municipal Association Dinner Meeting would be held on Wednesday, January 28^th at the Rose Harms American Legion Post #355 in Grafton. The guest speaker is Russ Darrow who is a candidate for the US Senate. Reservation deadline is noon of January 14^th.

City Engineer Vanden Noven reported that so far there were no complaints with the change in garbage collection. Residents should have their garbage out by 7:00 a.m.