 Call to order. This is the 17th regular meeting of the 2009-2010 Common Council as is customary our city clerk Sue Richards will read the quote of the evening. Thank you mayor Each choice we make causes a ripple effect in our lives when things happen to us It is the reaction we choose that can create the difference between the sorrows of our past and the joy in our future Thank You Sue roll call, please Born Bulk Bowers Decker Gisha excused Hannah excused Heidemann excused Kat Kittlesen Clowness excused Montemay or Rinfleshe Suric Vanderweal excused and Wongamon 11 present. We have a quorum Alderman bulk will lead us in the Pledge of Allegiance this evening. I pledge allegiance to the flag of America and to the Republic for which it stands one nation under God Indivisible with liberty and justice for all Thank You Corey King for approval of the minutes of the prior Common Council meeting Alderman Bourne Thank You Mayor Ryan. I make a motion to approve the minutes from the last meeting We have a motion in a second under discussion No discussion all in favor say aye. Aye opposed motion carries Mayor's appointments attorney McLean My appointment to follow us to retain as much seniority and experience as possible while confining the state law and respectfully submitted That lies over Mayor If I could. Alderman Bourne. Thank You Mayor Ryan. I Notice when I was going through this that under Ward 8 it caught my eye because it's in my district That's still listed as West Westley United Methodist Church at 823 Union And that's been seen Andrews Lutheran for a couple years. So just probably a type just a typo Thank you Jim. Thank you That lies over if I may Or no, this is yeah, these are still lies over Anna Shane and Don Silvis are both part of the people-to-people group Which is in charge of the Essling and exchange program and they showed they've shown an interest to be on the international committee So it's probably a good move Confirmation of Mayor's appointments Oh, there are none typo public forum No public forum this evening Mayor's announcements we have none this evening We have a hearing Pursuant to a notice published by the city clerk There will be a hearing this evening regarding modifications to the one million eight hundred thousand dollar Variable rate demand industrial development revenue bonds for Sheboygan paint company Is there anybody that wishes to be heard at the hearing anybody that wishes to be heard for a third time? Alderman Bowers Could you someone just explain what this is? I know it's a some type of bond, but are we backing this bond or is this something that? That they get a lower rate Steve I can't tell you all the specifics alderman bowers But this is an existing industrial development revenue bond for Sheboygan paint and they're They're making some changes as far as the banks And the letter of credit I believe there are representatives from roundies here that Excuse me, that's a different one. There may be We have a gentleman from the bond company here As far as obligation of the city no an industrial revenue bond is not a Obligation of the city of Sheboygan here. We have a motion and a second to open up the floor So can I have your name, please? Michael Stragg Michael Stragg STR EGE STR EGE and you're with bank first national. Okay, what's happening is The bank with the letter of credit backing the bonds We are replacing the bank that was backing the bonds and we are replacing the letter of credit that is in place the bank that was backing was downgraded and The cost of the company increased we're replacing the letter of credit out there Wrapping it with a federal home loan bank letter and reducing the cost of the company So didn't you answer your question all men bowers? Thank you, sir We have a motion to close the hearing. Thank you, ma'am. I moved to close the hearing Motion to second to close the hearing All eyes all in favor say aye aye opposed hearing is now closed Consent agenda All in remboring. Thank you, ma'am I make a motion to accept and file all our oaths pass all resolutions and ordinances Accept and adopt all our seas Have a motion and a second under discussion No discussion roll call, please Born aye bauke bowers Decker Cough Kittleson Montemay or Rindflash Sirk Voo and Wongamon 11 eyes motion carries communications and petitions 1724 and 25 to be referred reports of officers to 17-26 by the city clerk submitting a communication from alderman bauke Regarding the change in the flag code that now allows active-duty military and veterans and civilian clothing to render a military salute Instead of placing their hand over their heart during the national anthem and recitation of the pledge of allegiance Alderman bow. Thank you, mr. Mayor. I would move the arrow be accepted and placed on file Have a motion in a second under discussion. Thank you, mr. Mayor I just wanted to point this out to our folks here in the hall, but also out in TV land it's a change to the US code and that permitted members veterans of all sorts to To salute the flag when normally you would have in uniform when you were in the military it opened that up to veterans There's something very very Special about being able to salute the flag instead of just putting your hand over your heart and so Congress passed an amendment to Section 9 of title for the US code to allow for that But because big bureaucratic governments can never keep track of themselves They forgot that the flag is mentioned in two other sections of the US code So senator James in Hoff of Oklahoma put through an amendment in the Defense Reauthorization Act of 2009 Which permitted it to be done when you when you recite the pledge of allegiance and also during the national anthem So now when the if you're a US veteran when the flag passes you when the flag is raised or lowered When you say the pledge of allegiance or when you say the national anthem if you choose to you may render the hand salute that you rendered When you were when you were wearing uniform in the military and for the mayor I found two different references to Marines that say that it's okay for Marines to do that too, so I Welcome you to that group as well, and I thank you alderman bulk You know I was still working off of old school when I was taught you never salute uncovered and you'd never remain covered Indoor leather neck comm you can't do better than that So I'll have to check with my former superiors and see what we can do about that. Thank you, sir, ma'am Okay, all in favor say aye. I oppose motion carries 1727 through 36 to be referred except for 1733 which we are going to hold for 1754 Resolution introduced three 1737 by Alderman Gisha authorizing Execution of the first supplemental indenture of trust in First Amendment to loan agreement relating to variable rate demand industrial development revenue bonds series 2000 vortex liquid color incorporated sheboygan paint company projects Thank you, ma'am. I move that the resolution be put upon its passage Motion in a second under discussion No discussion roll call, please bulk Bowers Decker Cough Kittleson Montemayor Rindflash sir, I Voo Wongamon and born I 11 eyes motion carries 17-38 by Alderpersons Cough and Gisha authorizing retaining outside legal counsel to represent sent the city in the matter of USA a casualty insurance company et al against the city and a let a G Holloway et al against the city and authorizing payment for said services Alderperson Cough Thank You, Mayor Ryan. I move to suspend the rules Motion on suspension of the rules any opposition Rules are suspended Alderperson Cough, yeah city attorney McLean give this to you Yes, this is a Personal injury action Going back about three years officer Williams was involved in an auto accident with the Holloway Vehicle There's This went through risk management a while back The council authorized settling with USA a casualty on their subrogation claim for damage to the vehicle a check was prepared to pay that and we never got a release signed by Us a and the Holloway family, so the check was never Presented and executed Subsequently USA is now filed an action for the property damage to the vehicle basically in the same amount as We had agreed to pay previously In the meantime We received a notice of claim and claim well We'd received a notice of claim quite some time ago and that preserved their right to file a claim but a Couple of months ago. We received a claim from Canada and Dunphy for the personal injury aspect of the case And I don't know if the council each got a copy of the documents there but the Canada and Dunphy had put together about a Five-inch thick packet of materials dealing with all their medical bills and everything like that So They got two pending actions stemming from the same incident and We're requesting to get outside counsel on that It's covered under the CIDMIC insurance policy and we've used Jim Conway of Olson quote Gundersen Conway on a number of these cases very successfully Thank You Steve. We have a Motion to put the resolution upon this passage Thank You Mary Ryan and move to put the resolution upon its passage I have a motion in the second under discussion Alderman Bowers Thank You Mary Would that include Attorney costs with the insurance policy we have or we on the hook for the Your self-insured I believe for the first hundred thousand dollars on the CIDMIC policy now Although this goes back three years. It's either seventy five or a hundred thousand dollars that we're self-insured meaning Whether it's damage claims or legal fees those Add up towards the seventy five thousand dollar retention We're city pays up to seventy five. Thank you Thank You Alderman Bowers any further discussion No further discussion roll call, please Bowers Decker Cough I kiddleson Montemay or Rindflash Suric Voo Wongamon Warren and bulk 11 eyes motion carries 1739 through 41 to be referred report of committee 5 1742 to be referred report of committee 6 1743 Was due to be referred. However, all the person can't thank you mayor I'd like to move could I could we go with 1745 as well? Can we take both those documents together 43 and 45? Yes, we can Thank you Because we've taken care of that the business already. There's no need to refer them Yeah, either one of these documents to the committee of the whole at the present time So I would make a motion to file Motion to file in a second under discussion No discussion All in favor say aye opposed motion carries report of committees eight Seven rather report a committee seven 1744 to be referred 1745 has been filed Ordinance is introduced 10 1746 through 1748 to be referred matters laid over 11 16-54 resolution number 122-09-10 by other persons Gisha born Clayunas Montemay or and Heidemann Authorizing a transfer of appropriations in the 2009 budget establishing appropriation for a filing system and building inspection department All the room boring. Thank You. May Ryan. I move that the resolution be put upon its passage We have a motion and a second to put the resolution upon its passage Under discussion Roll call, please Decker Kittleson Montemay or Rinflesh sir Wongamon Boran bulk and Bowers 11 eyes motion carries 17 Or 1650 rather it's down here. I believe it's 1656. That's a Should be 1650 General ordinance number 29-09-10 by all the person's Hannah Rinflesh Bowers sir Can Wongamon repealing and recreating section 50-9 496 of the Sheboygan Municipal Code so as to require comprehensive annual reports and delete certain obsolete provisions Ultimate rent flesh. Thank you, Your Honor. I move the general ordinance be put upon its passage Have a motion in the second under discussion No discussion roll call, please Kittleson Montemay or Rinflesh sir Wongamon Boran bulk Bowers Decker 11 eyes motion carries Other matters authorized by law 17 dash 49 will be referred to public protection and safety and public works 1750 will be referred to public works 1751 will be referred to public works 1752 a resolution by older person skis a client is boron Montemay or an item in Authorizing the appropriate city officials to enter an agreement with diversified benefit services to administer the flexible benefit plan for the period 1-1-20-10 through 12-3-1-20-10 Alderman board. Thank you, Mayor Ryan. I ask for suspension of the rules on this one We have a motion to second not suspending the rules Is there any opposition or discussion on suspending the rules? There is none motion carries And then I would make a motion to put the resolution upon its passage We have a motion in a second put the resolution upon its passage under discussion I may just clarify for everybody out there in TV land That this is a setting up our new benefit services plan for the upcoming year of our insurance Package, we're going with diversified benefit services for this coming year No discussion roll call, please Kittleson Montemay or win flesh sir who Longamon Lauren hi bulk Bowers Decker and cut 11 eyes motion carries 17 dash 53 Resolution by all the person skis a client is born Montemay or an item in authorizing the appropriate city officials to enter into an Agreement with diversified benefit services to administer the health reimbursement arrangement or HRA for the period 110 through 12 31 2010 Thank you. Thank you, Mayor Ryan also needs suspension on this one Motion the second on suspending the rules is anybody opposed motion carries Then I would make a motion to put the resolution upon its passage Motion a second putting the resolution upon its passage What this is is the HRA that we're setting up so individuals can contribute money to their HRA We have tentatively plan that everybody is buying into the Portion of the deductible for our upcoming insurance package. So that's what this is establishing this No discussion roll call, please Montemay or win flesh sir Vue Longamon One hi bulk Bowers Decker cough and Kittleson 11 eyes motion carries 17 dash 54 a resolution by Alder Mingisha approving the terms and conditions of the ground lease between the redevelopment authority and Harbor Point miniature golf LLC on the board Thank You. Mayor Ryan also needs suspension on this one Motion the second on suspending the rules any opposition or discussion motion carries I'll make a motion that the resolution be put upon its passage Motion the second putting the resolution upon its passage under discussion under discussion mayor Ryan I'm just wondering whether there's been an opportunity for this This company that wants to put the miniature golf an LLC down down at the At the lakefront Whether they've had an opportunity to purchase this land. I mean this is one of these 85 year leases again And I'm just wondering where the city is with possibly offering this this concern the the ability of purchase Right the redevelopment authority is presently working up some formulas for pricing properties So we will be able to sell the dirt down on south pier and also on the riverfront and The the entities involved here will be if they so desire to purchase the property in the future They will have the opportunity to do so But right now in order to get the get the ball rolling because we're not we are not we don't have the proper numbers on selling the Property yet we're going to sign the lease and then they can always opt out the lease by the property It's something for the future that we're looking to do. We're not very good landlords as we know Alderman Bowers Thank You very much even though they're leasing this property. They will be responsible for the taxes correct Yes, the property taxes just as if they owned it as if they owned it. Thank you Paulette, would you like to speak? Yeah, Paulette Enders our director of development. I Just wanted to clarify also that as we're as we as staff have been moving through discussions about South Pier property We do bring up the fact that the redevelopment authority is considering the sale They actually did make a motion at one of their meetings to do that And so the molar family was offered that option, but at the present time I think they were even told by the redevelopment authority if you're looking to purchase you could you know Make us an offer, but at this time they're looking at a ground lease But as the mayor has said that could change in the future, but they were offered that option Thanks, Paulette Any further discussion None roll call, please excuse me mayor Alderman Warren could I have you make a motion to accept and file the arrow that went with that arrow with that With that one that we pulled The arrow that would be number 1733. Yep Motion was second on filing the arrow also any further discussion. There is none roll call, please win flesh sir Vue Wongamon Born hi bulk powers Decker Koth Kittleson and Montemay or 11 eyes motion carries 17-55 a resolution by Alderman Gisha expressing intent to exercise the police powers in levying a special assessment for the 2009 cost of operating and maintaining the off-street parking facilities within the parking assessment district number one Alderman Boren, thank you, Mayor Ryan. I move that the resolution be put upon its passage Motion in a second under discussion No discussion Okay, we have we have here 1755 56 57 and 58 which are all regarding the different parking assessment districts. We have a District one two four and five Those to take all of those together Motion in a second. I'm putting them all upon their passage any discussion on that There is none roll call. Well, we have some discussion Alderman boot I just don't understand what the pocket assessment for these areas So I just need someone to explain it to those to me parking your assessment district, Steve would you like to And Mechanism for the city to operate and maintain parking in that area while the snow Do the maintenance and then annually charge those costs back to the benefit of property owners that are within that benefit from that part It's resolution expressing its attempt to levy the special assessment Okay, thank you Yeah, basically, it's just a mechanism to build out the property owners business owners for the for the parking Any further discussion There is no roll call, please sir. I rule Mwangamon Born I bulk Bowers Decker Koff Kiddleston Montemay or and Rindflash 11 eyes motion carries 1759 an RC by the Marina and Harbor Committee recommending filing various documents Marina and Harbor who would like it? Alderman bulk Move the RC be accepted and adopted your motion in a second under discussion No discussion roll call, please. We can do an all we can do all eyes all in favor say aye. All right opposed motion carries 17-60 will be referred to public works other matters authorized by law attorney McLean 1761 is a petition from various neighbors stating that they're okay with proposed handicapped parking stall to be placed on Front of 21 22 South 11th Street that will go to PPNS 1762 is communication from American Family Insurance Group on behalf of their insured Roger and Sandra Rupel regarding alleged damages to their 1994 GMC Sierra while at the Sporegan recycling Center when mulch machines were turned on that will go to risk management 1763 is a claim from Jeffrey Bemis for alleged damages to his vehicle when a city bucket truck passed too close to his parked car and scraped and dented the side of His vehicle that will go to risk management 1764 is communication from Vang Zhang requesting a waiver from the sex offender residency restrictions We'll go to Alderman Hannah and public protection and safety 1765 is communication from Terry Blevins requesting a waiver from the sex offender residency restrictions That will also go to Alderman Hannah and public protection and safety 1766 is An all by the city clerk submitting various license applications for the period ending June 30 2010 and June 30 2011 That will go to law and licensing 1767 is a committee report by the committee the whole Discussing that at its October 27 2009 meeting Recommended that the government structure committee be established that will lie over 1768 is an ordinance amending portions of chapter 26 of the municipal code relating to establishment of new fees for licenses and permits issued by the building inspection division of the city of Shabuigan that will be referred to finance and public protection and safety 1769 is an ordinance establishing article 11 of chapter 26 in the Shabuigan municipal code creating a residential rental Inspection program that will be referred to finance and public protection and safety 1770 is an ordinance amending portions of chapter 138-12 of the municipal code relating to establishment of new fees for weighing or measuring device license issued by the building inspection division of the city of Shabuigan that also will go to finance and public protection and safety 1771 is an ordinance amending the text of the city of Shabuigan official zoning ordinance in section 15.702 So as to increase the permit fee for a driveway permit from 35 to $50 that will go to finance and ppns 1772 is an ordinance restricting parking so as to change the parking limits on the north side of New York Avenue from North Fifth Street West That will go to ppns 1773 is an ordinance relating to 30 minute limits so as to change the parking limits on the west side of South 11th Street from Union Avenue to 144 feet South That will also be referred to public protection and safety 1774 is an application from Paul Gottsecker and Tom Schaefer to rezone property at 2021 North Avenue from UI urban industrial to UC urban commercial classification. That will be referred to city planning 1775 is a resolution directing a public hearing to be held in connection with change of the city's official zoning map for property located at 2021 North Avenue that lies over 1776 is an ordinance amending the city of Shabuigan official zoning map of the Shabuigan zoning ordinance to change the use district classification of property located at 2021 North Avenue from class UI urban industrial to class UC urban commercial classification. And that will be referred to city planning Motion to adjourn in a second all in favor. All right opposed. We are adjourned