 This is the 25th regular meeting of the 2010-2011 Common Council. And as is customary, our city clerk, Sue Richards, will read her chosen quote of the evening. Thank you, Mayor. Teamwork is the ability to work together toward a common vision, the ability to direct individual accomplishments towards organizational objectives. It is the fuel that allows common people to attain uncommon results. Thank you, Sue. Roll call, please. Warren. Here. Bowers. Excuse. Decker. Here. Hammond. Here. Hanna. Here. Heidemann. Here. Coth. Here. Kittleson. Here. Montemayor. Here. Rinfleisch. Excuse. Racler. Here. Sampson. Here. Vanderweel. Here. Versi. Here. And Wongamon. Here. 14 present. And to the republic for which it stands, one nation under God, indivisible with liberty and justice for all. Thank you, Marilyn. We are looking for approval of the minutes of the prior Common Council meeting. President Kittleson. Thank you, Mayor. I move to approve the minutes of the last Common Council meeting. Second. We have a motion and a second under discussion. If there is no discussion, all in favor say aye. Aye. Opposed? Motion carries. Public forum. No one's night. No public forum this evening. Okay. Under Mayor's announcements, I have a couple items here. Number one, we are through an election cycle and we will talk about that more next meeting, which will be the last Common Council meeting of this year. But what I would like to do this evening is to reach out to the general public of Sheboygan, the citizens of the city of Sheboygan, to gain some interest in people serving as citizens on our committee's commissions of the city. It's a citizen participation and having more citizens involved lets us know the interest of our citizens. We have a lot of citizens in the city that are very involved and have been involved for many years. And we always welcome new citizens in our city to become involved. So we have about a week before I want to finalize our committees. At which point, at which time, all of the alderman, I will be speaking with all of you in my office for your wishes of what committees. And if any citizens are interested, please email my office or call my office with your interests and a short biography of what committees of your background and what committees you'd like to serve on. We welcome to have new blood working in the city at all times. So with that, I do have a proclamation this evening. If I can call Ms. Jackie Weir up to the front please. Hello, Jackie. Hi. Okay. I get to do the reading here and then Jackie would like to say a few words. Jackie is with the American Heart Association. This is a proclamation from the office of the mayor of the city of Sheboygan. And as we all know, like I say every time, that's me. Whereas each year 1.25 million Americans suffer a new or recurrent coronary attack and cardiovascular disease is the nation's leading cause of death with direct and indirect costs estimated to be $503 billion in 2010. Whereas more physical activity can help improve these statistics and some adults may gain up to two hours of life expectancy for every hour of regular vigorous physical activity such as very brisk walking. And in addition to the possibility of increased life expectancy, regular walking has many proven benefits for individuals overall health. Brisk walking for 30 minutes a day can lower both bad cholesterol levels and high blood pressure. It may also prevent weight gain and reduce the risk of stroke. And the Centers for Disease Control and Prevention estimate that physically active people save $330 per year in direct medical expenditures. Take that times our 600 in place. That might be a good savings for us, too. No, I lost my place. I hate when that happens. Start from the top. Thanks, Mark. Thanks, Mark. And on National Start Walking Day, which is today April 6th, the American Heart Association's Start Initiative calls on all citizens of the city of Sheboygan to walk at least 30 minutes today, which seeing as it's already 7 p.m. we'll make that tomorrow. And the purpose behind National Start Walking Day is to get Americans to become more physically active by walking. Now, therefore, I, Bob Ryan, mayor of the city of Sheboygan in recognition of the importance of regular physical activity to hear by proclaim April 6th, 2011, as National Start Walking Day. Thank you. And this is Jackie. Well, thank you so much for having me here this evening. Again, my name is Jackie, and I work for the American Heart Association. I work with area schools for our Jump rope for Heart and Hoops for Heart programs. And I also work with businesses, health care organizations, and other organizations throughout Sheboygan County to help make employees more active and healthier. 33% of deaths, about 33% of deaths in Sheboygan County are due to heart disease and stroke. A lot of women also don't realize that heart disease is a risk factor for them. It's heart disease is the number one killer of men and women. So what we're just trying to do with the American Heart Association is really get awareness out there that things like walking, as you mentioned today is our National Start Walking Day. Different things that you can do for your body, like exercising and eating healthy, really will help you live a long life. So thank you so much for all of your support. We're really excited to be having a closer working relationship with all the organizations and everybody in Sheboygan. Our Heart Walk is coming up in October, on October 1st. So if you didn't get out for your 30 minutes today, we look forward to seeing you at the Walk October 1st. But thank you so much and enjoy the rest of your meeting. Thank you. Thank you, Jackie. Okay, moving on. We have hearings. And I will go through each of these. We have a total of six hearings this evening. I'll be dealing with the same general subject. Number one, a hearing regarding the water lateral replacement special assessments in Huron Avenue from North 10th Street to North 11th Street. Number two, regarding the water lateral replacement special assessments in Washington Court from North 5th to North 6th Street. Three, regarding the water lateral replacement special assessments in North 5th Street from Wisconsin Avenue to Washington Court. Four, regarding the water lateral replacement special assessments in Wisconsin Avenue from North 5th Street to North 6th Street. Five, regarding the water lateral replacement Special Assessments in North 13th Street from South of Huron Avenue to North of Huron Avenue and number six regarding the Water Lateral Replacement Special Assessments and North 6th Street from Pennsylvania Avenue to Center Avenue. These are the six hearings. Is there anybody that would like to be heard regarding these hearings? For the second time, is there anybody that would like to be heard this evening regarding any of these hearings? And for the third time, is there anybody that would like to be heard this evening? President Kittleson. Thank you, Mayor. I make a motion to close all six hearings. Second. We have a motion and a second to close the hearings. Under discussion, if there is none, all in favor say aye. Aye. Opposed? The hearings are closed. Consent agenda 25-1 through 25-42. President Kittleson. Thank you, Mayor. I move that all ROs be accepted and placed on file. All RCs be accepted and adopted and all resolutions and ordinances be passed. Second. We have a motion and a second under discussion. Alderperson Koth. Thank you, Mayor Ryan. I'd like to call document 25-36. Go on that separate. 25-36, you'd like that for a separate vote? Yes. Okay, we have a motion to, we will pull 25-36 for a separate vote. Any further discussion? Alderman Borum. Thank you, Mayor Ryan. If you notice when you got your documents, it said that this document is refers to the guidelines in granting a denial, granting or denial of liquor licenses by adding item 11 and recommends that the attached revised guidelines be approved. The attached guidelines are on your desk tonight. I talked to the Law and Licensing Chairman Alderman Rindfleisch earlier today and he wanted me to briefly go over this with you being that I'm past chairman of the Law and Licensing Committee for three years. Whenever an establishment comes before the Law and Licensing Committee for a Class B liquor license, these guidelines to be used in granting or denial of liquor license is a committee policy that's adopted at the beginning of the council year and then whenever any establishments come before the Law and Licensing Committee, these 17 criteria that are listed are criteria that the Law and Licensing Committee can consider in granting or denying a license and the one that's up for approval tonight is number 11 and this was done by the Law and Licensing Committee after the license that was approved tonight on the consent agenda regarding the Knights of Columbus. That license is going to be granted. However, we had a discussion on this, not only the Knights of Columbus but other non-profits that would come before the Law and Licensing Committee wanting a permanent Class B license and so number 11 reads for those people at home if you want to follow along, another one of the 17 that can be considered in the future is the economic impact of the business on the city including any increase or decrease in tax base and tax collections, the expense of providing government services to the new establishment and the willingness of the establishment to enter into a payment in lieu of taxes, a pilot agreement if applicable. So this merely becomes another one of the originally 16 now 17 for the Law and Licensing Committee for the Law and Licensing Committee to consider if this passes counsel tonight Alderman Rindflash and I worked on this with the Assistant Attorney, City Attorney Chuck Adams and this was approved I believe at the last Law and Licensing Meeting 4-1 and Alderman, Chairman Rindflash, the chairman of the committee does support this and I encourage you to support this. All of these pilot payments are strictly voluntary but at least it gives the committee a chance to ask for one if we have another non-profit that comes before us looking for a liquor license. Thank you. Thank you Alderman Boren. Under discussion we have Alderman Wagerman. Thank you Your Honor. I would just like everybody to remember take into consideration these are guidelines. They're not rules, they're guidelines and there certainly will become times when you'll have to go outside these guidelines or probably do something that doesn't fit within the guidelines but just bear in mind that they're guidelines just to give the committee members some guidance in making decisions. Thank you Alderman Wagerman. We're speaking now just on 2536 if we can back up a bit and if we can go ahead with the consent agenda which we have a motion and a second to pass 25-1 through 2535 and 2537 through 2542. Is there any discussion on any of those items besides 2536? If there is not can we have roll call on that please. Boren. Hi. Bulk. Hi. Dekker. Hi. Hammond. Hi. Hannah. Hi. Heidemann. Hi. Cuff. Hi. Kittleson. Hi. Montemayor. Hi. Raceler. Hi. Samson. Hi. Vanderweel. Hi. Versi. Hi. And Wagerman. Hi. Fortineyes. Motion carries getting back to 2536. Alderman Hannah. Yeah just some clarification in the particular situation with the Knights they purchased an entity that was non-tax paying. Just walk me through how that would work a little bit. They bought a building that doesn't pay taxes now so it's a wash. Alderman Boren. Thank you Mayor Ryan. I believe an attorney McLean can correct me on this if I'm wrong but that does not preclude the city upon sale of a building to a new owner to another non-profit to ask for a payment in lieu of taxes. Now whether we're going to get one or not that's another story but it doesn't preclude us from at least asking. Thank you. Answer your question? Yep. Thank you Alderman Boren. Alderman Hannah. Is there any further discussion? There is no further discussion. Roll call on the item please. I think I don't record anything as far as a motion to pass this specific one. Can we get one? Oh no we didn't have a motion. Can we have a motion? President Kittleson? Sure. Certainly. I move that the R.O. is reported committee. The reported committee accepted and adopted and put upon its passage. Second. Okay we have a motion and a second under discussion. There's no discussion. We'll call please. Boak. Hi. Decker. Hi. Hammond. No. Hannah. No. Heidemann. Hi. Coss. No. Kittleson. Hi. Montemayor. Hi. Racler. No. Samson. Hi. Vanderweel. Hi. Bursey. Hi. Longamon. Hi. And Boren. Hi. Ten eyes four nose. Motion carries. Moving on communications and petitions 2543 and 44 to be referred. Reports of officers to 2545 through 2557 to be referred. Resolutions introduced three 2558 lies over 2559 through 2563 to be referred. Item of committee six. 2564 by law and licensing recommending denying beverage operators license number 7081 based upon his failure to include all relevant convictions on his application and his failure to cooperate with the committee. All the person Vanderweel. Thank you. I make a motion to put the report committee or the to accept and adopt the report committee. Second. We have a motion and a second to accept and adopt and our discussion is Joseph Merton's here at all. Please continue. We denied his request for a beverage license due to the fact that we invited him to our committee twice and he did not appear either time. Very good. Is there any discussion on this item? There's no discussion roll call please. Decker. Hi. Hammond. Hi. Hannah. Hi. Heidemann. Hi. Kittleson. Hi. Montemayor. Hi. Racelor. Hi. Samson. Hi. Vanderwheel. Hi. Versi. Hi. Wongamang. Hi. Warren. Hi. And Bulk. Hi. 14 ayes. Motion carries. 2565 to be referred. Report of committee 7. 2566 to be referred. Ordinances introduced 10. 2567 lies over. 2568 to be referred. Matters laid over 11. 2456 RO number 4461011 by the redevelopment authority who discussed the final version of the ground lease between the redevelopment authority and Claremont New Frontier Resort LLC and the termination agreement between the redevelopment authority and the Great Lakes Company's Incorporated Blue Harbor Resort Sheboygan LLC and Blue Harbor Resort Condominium LLC. Recommends approval of the final ground lease including section 38 of revision number 11 and the final version of the termination agreement and operating lease. Alderman Hammond. Thank you Mr. Mayor. I move that the report of the authority be accepted and adopted. Second. We have a motion to accept and file. Correct. Accept and file. Sorry. Any second? Sounder discussion? If there is no discussion all in favor say aye. Aye. Opposed? Motion carries. 2433 resolution number 2381011 by Alderperson Montemayor approving a project plan amendment for tax incremental district number 14 city of Sheboygan Alderperson Montemayor. Thank you Mr. Mayor. I move that the resolution be put upon its passage. Second. We have a motion and a second to put the resolution upon its passage under discussion. If there is no discussion roll call please. Hammond. Aye. Hanna. Aye. Heidemann. Aye. Cot. Aye. Kittleson. Aye. Montemayor. Aye. Racler. Aye. Samson. Aye. Vanderwheel. Aye. Bursi. Aye. Wongerman. Aye. Warren. Aye. Bauch. Aye. And Decker. Aye. 14 Ayes. Motion carries 2435 resolution number 2401011 by Alderperson's Hammond, Bauch, Boren and Racler authorizing a transfer of appropriations in the 2011 budget establishing estimated revenue and appropriation for UW Whitewater to perform a two phase analysis for the city. Alderman Hammond. Thank you Mr. Mayor. I move that the resolution be put upon its passage. Second. We have a motion and two seconds to put the resolution upon its passage under discussion. If there is no discussion roll call please. Hanna. Aye. Heidemann. No. Cot. Aye. Kittleson. Aye. Montemayor. Aye. Racler. Aye. Samson. Aye. Vanderwheel. Aye. Bursi. Aye. Wongerman. No. Boren. Aye. Bauch. Aye. Decker. Aye. And Hammond. Aye. 12 ayes, two noes. Motion carries 2447 general ordinance number 541011 by Alderperson Kittleson creating subsection 2-112A4 of the municipal code to times of council meetings. So as to set the time for the April 19th 2011 organizational meeting at 530 p.m. President Kittleson. Thank you Mayor. I would make a motion to file this ordinance creating the change in time. Second. We have a motion and a second to change the time of the meeting under discussion. To file it. To file the document. Oh, it's to file it and not change it. It's to file and not to change the time back to 7 o'clock. Okay. Unless the council would prefer to keep the meeting at 530. We made, we wouldn't have to change this. We can go back to 7 o'clock. So I've moved to file the document. Okay. We have a motion and a second to file the document under discussion. Do we have any Alderperson Montemire? Did you? No, that was an old light up here. Okay. There is no discussion. All in favor of filing this document say aye. Opposed? Motion carries. 248 resolution number 2371011 by Alderman Hammond confirming the exercise of police power and making an assessment for benefited properties against which assessments are proposed for the water main installation project in South Business Drive from Whedon Creek Road to 225 feet south of Riverdale Avenue. Alderman Hammond. Thank you, Mr. Mayor. Just to open discussion, I'm going to move that the resolution be put upon its passage. Second. We have a motion and a second to put the resolution upon its passage under discussion. Alderman Hammond. Probably I'm not going to support this. Again, it's probably a little technical, but that water main runs along South Business. It's needed for the new roundabout that's going in. The idea of the residents along that corridor getting a benefit from it when their water main and laterals come from a different direction. I have, I guess, a fundamentally hard time with that. So, you know, I'm going to vote no. Thank you. Alderman Hammond, under further discussion. Can we just enlighten everybody again so maybe chat or someone could come and explain what exactly is going on, where the main is coming from? This would be Joe Trueblood from the water utility. Okay. Joe. Mayor Ryan, President Kittleson, and council members. I guess on February 7th, the council passed preliminary resolution directing and authorizing the water utility to prepare the preliminary assessments for the installation of this water main. The longstanding practice has been when a new water main is installed, ordinance directs the water utility how to prepare those assessments. And I'll just cite a little bit of that, that section 122-98, and basically says the first water main, whether it is along the long side or short side of the lot, shall be assessed at $25 per foot for the entire side. It goes on to say when the second side of a corner lot receives a water main, the second side shall be charged only for the water main in excess of 120 feet. So, I know a gentleman spoke at the public hearing questioning the corner lot issue, and that is what directs the water utility in how to prepare those estimates based on ordinance for a corner lot. Basically saying you have to assess some value of that infrastructure even at corner lots because there's so many corner lots throughout the city, and that's been the longstanding practice of addressing those corner lots. So, the water utility prepared those as directed and presented those. It is a new water main. When a water main is replaced, there is no assessment. So, in older parts of the city where a water main is being replaced, the only cost assessed to the homeowner is their private service lateral off the main. And those were the hearings that we heard earlier tonight. Thank you, Joe. If you can remain up here under discussion, Alderman Hannah. Thanks. Hi, Joe. How are you? Good. Good. Could you just clarify the residents of this water mains going past? How are they going to benefit from this? Well, any water distribution system is a network of pipes that that tie together. Whenever you have a stronger network, you've got a stronger distribution system. That's a general benefit of any sewer or water system is that networking. Fire hydrants are being installed. Those are benefiting feature more water flow, more fire hydrants available to fight fires. The end of this main will have a fire hydrant attached to it as well as some additional hydrants. And then redundancy, if there are water main breaks in the area, if you don't have a good network, you essentially have to shut down potentially hundreds of customers just to address a water main break. So you're trying to network these pipes, install valves and have a good robust water system. And that's why we don't leave areas of streets without water mains installed in them. Thank you. Thank you, Joe and Alderman Hannah. Any further discussion? Alderman Raceler. Thanks. And Joe, we don't fund this project through the taxpayer or through this fee. How much is it? Are we looking at for the project? Well, the entire construction contract, it's one contract, we're going throughout the traffic circle into the north as well. It's about a $250,000 contract. You know, if council were to not pass on this item, then essentially the whole corner lot credit and the assessment issue has to be kind of readdressed because it's a long standing practice. The water utilities, you know, we have to go forward. We're committed to this project, but that issue is going to would have to be resolved and it's complicated. It's your question. Alderman Samson. I'm sorry, can you go over again? How the corner lots are assessed? I understand the front part of the house, but the side of the house again, can you can you go over that again? Yeah, there there is what's called the corner lot credit and state statutes tell municipalities whenever you have a corner lot come up with a reasonable way to address the corner lot assessment. And what the city of Sheboygan has done is to say allow a credit of 120 feet on the second side of that lot. So the front side of the lot on a corner is fully assessed. If it's 100 foot wide, it's 100 feet times, in the case of water, $25 a foot. Now, if the second side of the lot is 120 feet or less, then the credit means there's no assessment. If it's 240 feet long, for example, then it would be 240 feet minus 120 feet. So the assessment for the second side would be 120 feet times 25 feet. So in this case here, are we talking 225 feet total? I mean, with this scenario or how much is being actually, you talk about Mr. Lake's assessment and how much is how many feet he's being assessed for? Right. Mr. Lake's lot along South Business Drive is 238 feet. So he's being assessed for 238 feet minus 120 times 25. And that's about 2,950. Okay, it's your question. Thank you. Thank you, Alderman Samson. Attorney McLean has a word to say. Yeah, just to clarify, though, this resolution deals with all the special assessments for this project, not just the one parcel. Thank you, Steve. Alderman Hamant. Thank you, Mr. Mayor. I'm not arguing necessarily the corner lot assessment issue. I understand how that works. What I'm arguing is the benefit issue. And part of the assessment is that there has to be a benefit. And that particular individual and that particular subdivision is about 10 years old, maybe a little bit longer than that, they've already paid for their laterals and their water mains, if you will, their water lines coming in. So essentially, those individuals along South Business Drive are paying for two water lines. They're paying twice. And I have a problem with that. So I'm not arguing the corner lot issue, I'm arguing the benefit issue. This particular gentleman and everybody there already gets their water, they already paid for their first lateral. I don't think they should have to pay twice. Thank you, Alderman Hamant. Is there any further discussion? Alderman Boak. Thank you, Mr. Mayor. Just I'd like, Joe, how you doing? If you could expound upon what the Chairman Hamant is saying, who is at the end of this and who benefits at the end? Well, I'm a little confused because I think it is the only people I think as Alderman Hamant is referring to paying double are the corner lots. And the mechanism there to reduce that in a reasonable way is the corner lot credit. So they didn't pay for their first, when they put the first lateral went in when they built their houses? Well, they did pay for the other street, yes, on the main on Riverdale. So the water that is servicing their house now, they paid for already and they're going to be now asked to pay for a lateral that doesn't even service the subdivision. Well, on a corner lot, some of those parties are receiving a corner lot assessment. But is that lateral going to be? Are they going to get any water out of that lateral? Yes, it's going to be tied into the the mains going into Riverdale. It's not going to, you know, it's not going to be a pipe that just bypasses them. It's going to tie into their subdivision. Okay. Directly. Okay. Alderman Raceler? Just to follow up on it. Like he said, they're doing the switches in the case the water main breaks on one side of Riverdale, you'd be able to shut it off and come from from this lateral as well. Plus the fire hydrants were correct. Yes. Thank you, Alderman Raceler. Thank you. Director Trueblood. Is there any further discussion? I'm out of lights up here. If there is none, roll call please. Thank you, Joe. Hi, DeMond. I'm sorry. Con. Hi. I'm sorry. Kittleson. I'm on to me or I raceler. Hi, Samson. Hi, Bander wheel. Hi, Versey. Hi, Longamon. No. Boren. Hi. Boke. Hi, Decker. No, Hammond. No, Hannah. No. Nine eyes, five nose. Motion carries. 2434 resolution number 2391011 by Alderperson Montemire approving a project plan for a tax incremental district describing the boundaries thereof and creating tax incremental district number 15, City of Sheboygan, Alderperson Montemire. Thank you, Mr. Mayor. I move that the resolution be put upon its passage. Second. We have a motion and a second to put the resolution upon its passage under discussion. There is no discussion. Roll call please. Kittleson. Hi, Montemire. Hi, raceler. Hi, Samson. Hi, Bander wheel. Hi, Versey. Hi, Longamon. Hi, Boren. Hi, Boke. Hi, Decker. Hi, Hammond. Hi, Hannah. Hi, Heidemann. Hi, Ncott. Hi, 14 eyes. Motion carries. Other matters authorized by law 2569 will be referred to public protection and safety. 2570 will be referred to finance. Additional other matters, attorney McLean. 2571 is an aro by the city clerk submitting various license applications for the period ending June 30, 2011 and June 30, 2012. Will be referred to law and licensing. 2572 is an aro by the city clerk submitting a communication from Buttson Contracting Inc. regarding an issue with building permit applications. To public protection and safety. 2573 is an ordinance repealing section 26-3770 to sub B, sub five of the municipal code, so as to update a section number in the international property maintenance code. Also referred to PPNS. 2574 is a communication from Gail and Robert Ternes, who live next to Calumet Gardens Apartments on North 25th Street, wandering along with their neighbors. What's the future for the seemingly abandoned smoke damage departments? Public protection and safety. And that's looks like about all for this week. Do we have a motion to adjourn? Motion in a second. All in favor say aye. Most we are adjourned.