 Call to order. This is the 22nd meeting of the 2011-2012 Common Council. Welcome, everybody. We have no quote of the evening this evening, so we will go right into roll call. Here. Boran. Here. Carlson. Here. Decker. Excuse. Common. Here. Hammond. Excuse. Heidemann. Here. Coth. Here. Kittleson. Here. 12 presents. We have a quorum. Now, if we can all join Alderman Carlson in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you, Darrell. Looking for approval of the minutes of the prior Common Council meeting, Alderman Boran. Thank you, Mayor. I make a motion to approve the minutes from the last meeting. Second. We have a motion and a second to approve the minutes under discussion. If there's no discussion, all in favor say aye. Aye. Opposed? Motion carries. Public forum? Yes. This evening, for people with public forum, we just want to remind you we're in the election cycle, so we can't have any campaigning up at the podium. All right. This evening, I have Delcey Johnson. And, Delcey, can I have your home address, please? 1306 North Third Street, Sheboygan. You'll have five minutes. Thank you. Mayor Ryan, City Clerk Richards, City Attorney McLean, Alderman and Citizens. Twenty years ago, the issue of building an eleven and a half million dollar marina was being discussed here in Sheboygan. It was pitched as a development that would grow the downtown and bring hundreds of new people to Sheboygan. We were told that someone would pay the city a million dollars to operate the marina. And that in a short time, it would be necessary to build more slips to accommodate the demand. What happened? One nautical-themed business did open on 8th Street, but closed after a couple years. The city has always paid Skipper Bud to operate the marina. The 281 original slips have never all been leased, and so the additional slips have never been built. The downtown did not grow, and the facility has cost the taxpayers hundreds of thousands of dollars which continues to this day. Some years later, the South Pier was established, and Blue Harbor with its water park was touted as the project that would bring hundreds of new people to Sheboygan and revitalize the downtown. Taxpayers spent 20 million dollars for infrastructure and a conference center and restaurant. Investors eagerly bought the condos to rent out to all those families coming to enjoy the water park. What happened? Blue Harbor struggled to survive and was recently sold for a fraction of its original assessed value. The redevelopment authority struggles to develop the land along the river. The investors who bought the condos struggled to sell their buildings for thousands less than what they paid for them, and the downtown has not been revitalized. But now Mayor Ryan is touting a casino which he says will be a game changer for the city. I have no objections to casinos per se, but the remarks of one of the speakers at the last public forum got my attention. Reverend Schaffenberg relocated to Sheboygan about three months ago from Mississippi. He said that had he known about the proposed casino, he may not have moved here. Evidently, he lived in a place that had a casino. He talked about the increase of socioeconomic needs that arise in communities that have casinos and the strain it puts on various agencies to help some folks who frequent casinos and how discretionary income goes to the casinos. Of course, people from Sheboygan travel to casinos in Milwaukee and Green Bay, and those who want to spend their time and money in that manner will do so. But for those who are addicted to gaming, having a facility at South Pier would only make it easier to waste away their financial resources to the point of where they might not be able to take care of their basic needs. It seems that those who can least afford it are often the most vulnerable. Local businessmen question whether people would spend money on surrounding businesses or just at the casino and wonder about the resulting impact on existing businesses. I do not know the requirements for initiating an environmental impact study, but wouldn't it be wise to do the study before the city agrees to sell the land? It is my understanding that land for off-reservation casinos is acquired in trust by the Department of the Interior over which an Indian tribe exercises governmental powers. What does that mean? If Indian tribes have governmental powers, what are the powers of the city or the county or the state? Does the city police or county sheriff have powers to intervene at the casino? I had heard that a casino operated by the Mole Lake tribe had been closed, so I went online and read that in 1997 auditors at the Mole Lake Casino were feeling harassed and later the casino was closed for 23 days because of questions about a monitoring system of slot machines. There are numerous stories online about casinos refusing to pay jackpots for various reasons. I also read several stories about the feds closing tribal casinos for various reasons. In 2003, 2004, 2007, 2010, 2011, 2012, in Iowa, Mississippi, California, Kansas, Alabama and Oklahoma. The stories were unspecific about the length of time the casinos were closed. You may say that's not our problem, but if the feds closed the South Pier Casino, will Shiboygan be stuck with a huge building over which the city would have no control because it's owned by the Sokagon tribe? Does land acquired by an Indian nation remain under their control in perpetuity? Most disturbing, however, is a synopsis of a July 2010 report by a Native American task force that finds gang and drug problems as well as money laundering at 21 Wisconsin tribal casinos. An article noted, and I quote, that the Mole Lake, Ho-Chunk and Potawatomi reservations are not included in the report because they do not have their own police force relying instead on state or county drug enforcement. Excuse me, Delcy, would you like your extra minute, please? Motion to grant the extra minute. We know, of course, that Shiboygan already has drug and gang problems. Would the presence of a casino make the problem worse? Would a casino help or hurt local businesses? Would a casino enhance the quality of life of our community? What are the facts about the legal action by Wells Fargo Bank claiming default of a $19 million loan to the Sokagon Chippewa community? What do you know about the Sokagon tribe, their financial situation, and how they operate their casinos? There are lots of issues that the council needs to consider before agreeing to sell the land on South Pier for a casino. You will proceed with caution and listen to the concerns of citizens, the business community, and social services agencies, and that you will get all the answers before you enter into negotiations. Thank you. Thank you, Delcy. Thank you, Delcy. That's it. That's all for Public Forum. We will go right into the Consent Agenda. Consent Agenda 2-1 through 2-15, Alderman Boran. Thank you, Mayor. I make a motion to accept and file all our rows, accept and adopt all our Cs, pass all ordinance, and substitute ordinances. Thank you, Alderman Boran. Alderman Versey, did you have input? Yes, I'd like to pull 2-9 for a separate vote, please. Okay, we will pull 2-9 for a separate vote. So we will first cover 2-1 through 2-8 and through 2-10 through 2-15. Is there any discussion on those items? There is no discussion. Roll call, please. Belt. Aye. Boran. Aye. Carlson. Aye. Hammond. Aye. Kiedemann. Aye. Cot. Aye. Kittelsen. Aye. Manachek. Aye. Racler. Aye. Van Akron. Aye. Vanderweel. Aye. And Versey. Aye. 12 ayes. Motion carries. Okay. Carlson. Aye. Hammond. Aye. Kiedemann. Aye. Cot. Aye. Kittelsen. Aye. Manachek. Aye. Racler. Aye. Van Akron. Aye. Vanderweel. Aye. Versey. Abstain. And Belt. Aye. 11 ayes, one abstention. Motion carries. Reports of officers 3-1 through 3-6 to be referred. Resolution 4-2, a resolution authorizing the city attorney to engage the services of special outside legal counsel to represent the Law and Licensing Committee and Common Council with regard to a quasi-judicial hearing regarding the suspension revocation of alcohol beverage license number 2704. Algalau Giro, Efron Martinez agent and authorizing payment for said services. Alderperson Vanderweel. Law and Licensing. Please. I ask for suspension of the rules. Second. We have a motion and a second to suspend the rules. Is there anybody that requires an explanation or as opposed to the rules being suspended? The rules are suspended. Please continue. I move that the resolution be put upon its passage. 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. Carlson. Aye. Hammond. Aye. Heidemann. Aye. Kot. Aye. Kittleson. Aye. Maticek. Aye. Racler. Aye. Van Akron. Aye. Vanderweel. Aye. Bursey. Aye. Belt. Aye. And Boran. Aye. We have a motion on licensing committee and Common Council with regard to quasi-judicial hearings regarding the suspension revocation of class B alcohol beverage license number 2275, empty wine glass, the grotto. Class B alcohol beverage license number 2740, Manning's Irish pub. And class B alcohol beverage license number 1411 Tommy's bar and authorizing payment for said services. Alderperson Vanderweel. Thank you. I ask for suspension of the rules. Second. We have a motion and a second to suspend the rules. Is there anybody that requires explanation or as opposed to the rules being suspended? The rules are suspended. Please continue. I move that the resolution be put upon its passage. Second. We have a motion and a second to put the rule, put the motion upon its passage under discussion. Alderman Boran. Thank you, Mayor. I just had a question on Manning's Irish pub, Thomas A. Manning agent. Isn't, I believe Thomas Manning is deceased. His son. His son? Okay. Thank you. Very good. Any further discussion? If there is no further discussion, roll call please. Common. Aye. Heidemann. Aye. Coss. Aye. Kittleson. Aye. Madochek. Aye. Hersey. Aye. Belt. Aye. Boran. Aye. Carlson. Aye. 12 ayes. Motion carries. 4-4. Resolution lifting the hiring freeze in order to hire temporary help schedule X employees in the city clerk's office up until the November election. Alderman Raisler. Thank you, Mr. Mayor. I move to put the resolution 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. Heidemann. Aye. Coss. Aye. Kittleson. Aye. Madochek. Aye. Raisler. Aye. Van Ackren. Aye. Vanderweel. Aye. Bersey. Aye. Belt. Aye. Boran. Aye. Carlson. Aye. And Hammond. Aye. 12 ayes. Motion carries. Alderman Raisler. Thank you, Mr. Mayor. I move we put the resolution to 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. Heidemann. Aye. Coss. Aye. Kittleson. Aye. Madochek. Aye. Raisler. Aye. Van Ackren. Aye. Vanderweel. Aye. Bersey. Aye. Van Ackren. Aye. Vanderweel. Aye. Bersey. Abstain. Excuse me. Abstain. Belt. Aye. Boran. Aye. Carlson. Aye. And Hammond. Aye. 11 ayes. One abstention. Motion carries. Four six. A resolution establishing the salary for the positions of building grounds and motor vehicle superintendent and superintendent parks and forestry. Alderman Raisler. Thank you, Mr. Mayor. I believe 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. Coss. Aye. Kittleson. Aye. Madochek. Aye. Raisler. Aye. Van Ackren. Aye. Vanderweel. Aye. Bersey. Aye. Belt. Aye. Boran. Aye. Carlson. First meeting of one year lease for the agricultural property in the William A. Heisen industrial park will be referred to public works. Excuse me. 4.8 will be referred to finance. 4.9 will be referred to finance. And 410 will be referred to the city plan commission. Reports of committees. 5-1. In RC submitting license applications for the period ending June 30th, 2012 and June 30th, 2013. 13 recommends that taxi cab operators license number 9 4 2 5 be denied upon her failure to accurately reveal all relevant convictions on her application and her record of violations related to the licensed activity all the person van der weel I move the RC be accepted and adopted second we have a motion and a second to accept and adopt under discussion is Bonnie Bowman here she is not here please continue the committee denied her license with a vote of five to zero she has a lot of recent violations and we'd like to see a little bit more time passed before she apply again thank you all the person van der weel any further discussion there is no further discussion roll call please kiddleson I man check I raceler I van Akron I van der weel I versi I belt I boran I Carlson I common I item in I and cop I 12 lives motion carries 5 2 in RC submitting a communication from excuse me that is referred to finance 5 3 in RC is re establishing the salary schedule for the office of mayor recommends that the subs substitutions of substitutions of general ordinance number 4 dash 40 dash 1 1 dash 12 be passed alder men raceler move that the report of committee be accepted adopted and move that the ordinance second we have a motion and a second to accept and adopt and put the resolution upon its passage alderman boran I think this is probably be the time to do this I'd like to make a motion to amend that to salary of $50,000 and increasing the health insurance premiums to 18% 18% of the health insurance premiums to more closely reflect the private sector second I'm sorry who's second okay we have a motion and a second under discussion alderman raceler I'm sorry alder person alderman matter check beeped in first excuse me I move to hold this till after the election we may have a new mayor we may may not we don't know the direction that the city could be going or perhaps get a better offer by the mayor's office till after the election second okay we have a motion and a second to hold this until after tomorrow's election under discussion on holding the document alderman raceler thank you mr. Mayor I guess just to clarify this is for the mayor in 2013 elect so it really doesn't matter what the election has to hold the election again no offense to anyone really won't have anything to do with the salary of what's going to happen in 2013 so I guess we've been kind of bouncing it back and forth and I'll hold my other comments until we get through this part of it okay we have a motion to second to hold at this time we'll cover that first any further comment on holding Alderman Carlson thank you mayor I understand and everybody in this room understands it's for the the next election cycle however there's people out there that don't seem to understand that there there seems to be because some confusion and since there is a recall election going on tomorrow this has been brought up in campaigning and I just think it's important to go through with this tonight I don't see a problem with holding this until the next meeting because we've already started the process we've met the statutory statutory guidelines I don't see the point of voting on this tonight there's really no need thank you Alderman Carlson we are on the subject of holding now any other comment on holding the document Alderman borne thank you mayor I guess I would agree with the Alderman that made the comments that this doesn't affect has it does has no effect on the outcome of the election tomorrow it doesn't go into effect until 2013 so I won't I won't vote to support the delay it we've been working on this at the committee of the whole at least once I think a couple times that salary and grievance and I think it's time to move forward on this thank you mayor Alderman borne any further discussion on holding the document we will take a roll call vote on the motion to hold and I vote would be to hold Maddachak I excuse me I thank you raceler no Vanny Akron no Vanderweel no first see no belt no boran no Carlson I Haman no Heidemann cut no I'm sorry no you kind of echoed a little and kittleson no three eyes nine nose okay motion fails to hold we have a motion by Alderman borne to to set the salary at $50,000 and set the benefits at 18% under discussion on that issue Alderman raceler thank you Mr. Mayor after much debate and sorry the grievance and also in the committee of the whole I think the consensus was 60,000 with the increases and keeping the health insurance line with everyone else whether it's elected official whether it's the city attorney the city clerk or the mayor I think we need to at least keep it in line with what some of the others are and I think the discussion we had is that up until this point that the city attorney and all the elected officials have actually met the increases that the exempt employees met as well and trying to keep everything fair so I think I would support the original motion that was passed at 60,000 and keeping the insurance and such consistent with the other city employees or at least the thank you Alderman raceler Alderman Carlson thank you mayor I agree with some of things he just said I support keeping the benefits in line with the city employees I don't think that we need to have three different structures or even more more so with all the other contracts that we have I'm gonna vote against the 50 and 60 thank you Alderman Carlson Alderman board thank you mayor the reason why I can't support $60,000 is because way back with the committee that we had that's that worked on the city administrator I believe Alderman Vanderwillie and Alderman Heidemann served on that committee was for that committee's decision was to go to a city administrator and now we have a chief administrative officer and we're in a later document we're going to be voting on that also a seven percent increase in salary and I believe that committee originally recommended going to a city administrator pay that city administrator what the market would bear at that time to get a qualified city administrator and also make the mayor's position a part-time position with it when that would entail a drastic reduction in salary I brought in a resolution along with a couple alderman to change the mayor's position to half time that did not pass at either the committee of the whole or I believe at the council so if we're going to stay with a full-time mayor I believe a fifty fifty thousand dollar salary is more than reasonable for the reduced duties that the future mayors are going to have in the community you know they're not they're not supervising any department heads anymore and that was a just a was a great part of the of the original salary so I'm going to have difficulty supporting the increase for mr. Mr. Amortio when we get to that and I'm going to have even more trouble supporting that if the salary for the mayor is not reduced to fifty thousand dollars thank you thank you alderman boran any further comment what we are dealing with right now is the amendment to the original resolution to reduce the salary to fifty thousand dollars and have 18% pay in on health insurance any further comment on that if there is no further comment on the amendment we will take a roll call and I vote would be to amend raceler no van Akron I excuse me I van der Wiel excuse me van der Wiel no versey aye belt aye boran aye Carlson no Haman no Hideman aye cut no Kittleson no Manichek no five eyes seven nose motion fails we're back to the original resolution as written Alderman boran thank you I will make a motion another motion then to amend it to fifty five thousand dollars with eighteen thousand dollars for health insurance benefits eighteen thousand I'm sorry eighteen percent second we have a motion and a second to amend again to fifty five thousand dollars and eighteen percent of health insurance we have a motion in a second under discussion there is no discussion roll call please on the amendment hold on just a second van Akron aye van der Wiel no versey aye belt aye boran aye Carlson no Haman no Hideman aye cut no Kittleson no Manichek no raceler no five eyes seven nose motion fails we're again back to the original resolution on amended any comment on the original resolution there is no discussion we will take a roll call on the original resolution okay this is actually a subs of a substitute ordinance as written the subs to the substitute ordinance the substitute to the substitute ordinance under discussion Alderman boran thank you mayor I just want the council members to be aware what they're voting on with a sixty thousand dollar salary it is not only the sixty thousand dollar salary it's twelve percent of the health insurance I'm sorry the the mayor is going to pay eighty eight percent I'm sorry the mayor is going to pay twelve percent the taxpayers are going to pay eighty eight percent that amounts to eighteen thousand two hundred eighty three dollars and fifty eight cents the taxpayers are also going to be paying six point six six point six five percent of the Wisconsin retirement fund of three thousand nine hundred ninety dollars for a grand total of eighty two thousand two hundred and seventy three dollars and fifty eight cents so we're not just taking into consideration the salary you've also got to take into consideration the benefit package and again the sixty thousand dollars I can't begin to support that but this benefit package for essentially a job that has much much reduced responsibilities it's ridiculous to be paying a total package of eighty two thousand thank you thank you Alderman boran any further comment Alderman raceler thank you mr. mayor again I go back to the other managers we have the other elected officials I think it's only fair that the mayor be treated just like everyone else the same as true with their salaries and benefits as well so I don't think it's anything that we don't really know thank you Alderman raceler any further comment there is no further discussion roll call please van der wheel I versey no belt no boran no Carlson no Haman I Heidemann no cut I Kittleson I Madochek no raceler I and van Akron I well this is a little difficult we have a tie I can legally vote on this seeing as it does not affect the present mayor's position chair votes no motion fails ordinance is introduced six one in ordinance repealing and recreating sections 1064 and 1012 of the municipal code relating to closing times at licensed we have to have a salary set for the mayor so we need to go back and try to address it again if we could the different motion okay we have Alderman boran beeped in first thank you mayor I would ask for reconsideration of the vote and going back to the fifty five thousand dollars and I will leave it at that just the fifty five thousand dollar salary and leaving the benefit structure the same as to a health and health and dental insurance benefits to mirror the citywide non-represented employees maybe that'll help to get passage the tie vote was on the sixty does that need to be reconsidered yes yes you'd have to reconsider the vote for the motion sixty thousand dollars alright I'll move that we reconsider the vote you have to have been on the opposite side to reconsider the sixty then we can amend we can yeah I'll move I'll move I'll move to reconsider the sixty second we have a motion and a second to reconsider the vote on the sixty thousand under discussion on reconsideration of the sixty thousand for me to make the motion and Steve now or do we have to need to vote on the reconsideration do we have to vote on the reconsideration itself yes okay all in favor of reconsidering say aye opposed okay let's do a roll call vote on the reconsideration right now we have okay we will do a roll call vote and I vote would be to have the right to reconsider the vote and vote again on the sixty roll call please versey aye belt aye Warren aye Carlson aye Haman aye Heidemann aye Coth aye Kittleson no Manachuk no Racler aye Van Akron aye Vanderweel aye ten eyes two and I'm sorry ten eyes two nose okay motion carries for reconsideration on the sixty under discussion on voting again on the sixty thousand dollars Alderman Bourne I have no discussion on that except I want to make my motion when it's appropriate I believe it's appropriate now Steve yes thank you I'll make a motion to set the mayor's salary starting in April of 13 at fifty five thousand dollars and leave the benefit package as recommended in the resolution health and dental benefit insurance benefits to mere citywide non-represent employee benefits so we have a motion now at fifty five thousand and to allow the benefit package to remain in line with the rest of city employees under discussion on that Steve clarify Alderman Bourne are you your motion to set it at fifty five thousand for each year of the four-year term or is it to sort of the existing one two and a half percent increases two and a half yeah thank you attorney McLean that would be that would include the 2.5 percent increase for 1415 and 16 under discussion there's no discussion roll call please okay belt I borne I Carlson no common no height of it no no no no no no no no no matter check nope raceler I van Akron I Vanderweel I Percy I once again we have a tie chair votes no motion fails where are we at now Steve I think the other person cast did you have a comment he's gonna have to look at it discuss it in committee again and we're missing three Alderman is there a possibility we can hold this until the next council meeting no this could be held till the next council meeting because it does not have to be voted upon until we could hold the original 60 you can hold the your hold the original document until the next council meeting that was Alderman Mata checks motion to at the beginning that motion was just to amend the document in that field so you didn't vote on the motion as a meant or the document as amended so okay so he could refer the document back to committee yeah I'm gonna make a motion to hold it until the next council meeting the original 60 that we voted to bring back up we have a motion in a second to hold the document under discussion on holding if there is no discussion all in favor say aye opposed document is held moving on ordinance is introduced 6.1 in ordinance repealing and recreating sections 1064 and 1012 of the municipal code relating to closing times and licensed establishments so as to align city closing hours with the provisions of state law all the person Vanderwill thank you mr. Mayor I asked what the rules be suspended second we have a motion in a second to suspend the rules under discussion on suspension is there anybody opposed to suspending or requires an explanation rules are suspended please continue with the resident or the report committee be accepted and adopted and the ordinance be put upon his passage we have a motion in a second to accept and adopt and put the ordinance upon its passage under discussion there is no discussion we'll call please belt I borne I Carlson I Haman I Kattleson I matter check I racer I van Akron I Vanderwheel I and her seat I 12 eyes motion carries 6.2 lies over 63 will be referred to public protection and safety 64 will be referred to public protection and safety number 7 matters laid over 7.1 a resolution authorizing executing a one-year lease for the agricultural property in the town of Wilson formerly owned by John Poth jr. Alderman born thank you mayor I make a motion to pass the resolution second motion a second to put the resolution upon its passage under discussion there's no discussion we'll call please I Carlson I Haman I Highteman I Kattleson I matter check I racer I van Akron I Vanderwheel I verse II and belt I 12 eyes motion carries 7.2 an ordinance establishing the salary for the chief administrative officer Alderman raceler I move that the ordinance be put upon its passage second we have a motion a second to put the ordinance upon its passage under discussion if there is no discussion roll call please Carlson I Haman no car no Kilsen no matter check no racer I van Akron no Vanderwheel no verse II no belt no and boring no two eyes 10 no motion fails other matters authorized by law attorney McLean label this resolution number 150-11-12 authorizing the appropriate city officials to enter into an agreement with unison solutions in Iowa for the purchase of a capstone turbine factory protection plan and user agreement for the wastewater treatment plan this will be referred I take it to public to public works public works that's all okay we need to have a motion to go into closed session we will be going into closed session and will not be returning to television so we will take a we need a motion and a vote to go into closed session and then we will be taking a five-minute break to get our televisions off and clear the council chambers have a motion in a second all in favor of closed session vote I oh I'm sorry we need a roll call for that excuse me everybody hold your horses we need a roll call belt I Warren Carlson all right common hi hi to me hi kittleson hi manachuk hi racer hi van Akron I Vanderwheel I and Percy I 12 eyes we are in closed session everybody who does not belong please clear the council chambers we will take five