We'll call the 26 regular meeting of the Common Council to order Pat would you call the roll, please? Bowman D. Bird Eber Doyle Manny Moody Perez Ports Schultz Stefan D. Van Akron T. Van Akron Vanderwill Wongamon Warner Weninger 16 present forms present all of them in Van Erken Thank you, Your Honor. I would move that we approve the minutes of the previous meeting as entered on the record Move to the second at the minutes of the previous meeting be approved under discussion Hearing none all in favor opposed motion carry Alderman Weninger, would you lead us in a pledge, please? Would you grab Pat's microphone, please? I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge I pledge English manor bed and breakfast and where I reside Thank you for allowing me this opportunity to dress the council this evening I have concerns with the Great Lakes South Pier project and I wish to express them to the council Before a vote to approve an agreement between the tweet between the city of Sheboygan and Great Lakes is taken I first became aware of the project plan by Great Lakes at a meeting the Sheboygan lodging owners and Our managers were invited to last October The meeting was held at the Sheboygan County Chamber of Commerce With members of the chamber staff the mayor and Other city officials and the Sheboygan Development Corporation and Intendants if I've forgotten anybody. I'm sorry The Sheboygan Development Corporation shared the plans for the South Pier project that at the time were unfinished Allowed us to ask questions and then those told those of us in lodging that the Information shared regarding the project were to be kept com to confidential This is where I first became concerned. I could not believe that the city of Sheboygan would consider not involved in Forming the Alterman Alter women. I know recent statements have been made that the number of individuals involved Had to be kept at a minimum But in my opinion who is more important than the Alterman Elected by and representing the people who live in Sheboygan To begin with the number who were involved in this project already were all the city officials the Sheboygan redevelopment Authority the Sheboygan Development Corporation and the friends of Sheboygan quite a number of individuals Other concerns I have regarding the project The city claims that Great Lakes is the only Or I stated I'm sorry is the only development developer interested in developing the South Pier Yet they agreed to an exclusionary agreement with Great Lakes at the beginning thus preventing others who may have been interested The Mount of Money I wasn't feeling well today and I literally came out of a sick bed to attend. So I'm sorry I'm on to money That the city of Sheboygan is committing to this project Great Lakes has built 16 other Projects and only needed city funds for other For one other project and that was the Kansas City project a city that is at least ten times the size of Sheboygan and Required only one third the money requested for the South Pier project in my opinion This is not a fair comparison Occupancy figures no lodging representative from Sheboygan was ever consulted to see if what is projected is realistic Great Lakes has said that they need financial help because Sheboygan is not a known tourist destination This I feel is true, but I blame But I feel the blame belongs at the city of Sheboygan who has severely affected the promotion of Sheboygan by the By the chamber CVB to the tune of minus sixty two point eight percent less dollars for marketing in two thousand two Then in nineteen ninety nine these figures are supplied by the chamber Room tax collection has increased every year yet the CVB has minus sixty two point eight percent for marketing in four years Shame on the city officials who have been involved with this happening the room tax collected by myself and the other 516 rooms in Sheboygan is to promote Sheboygan Not a slush fund for who knows what? The incentives offered Great Lakes in the contract regarding their collection of room tax dollars and how they use these dollars on an intern and Excuse me an attorney retained by myself and they few mansion Has served the city with papers today stating that the way the contract is strut is structured is in an illegal use of room tax dollars Do you really want to vote on a contract that is illegal according to the state statute regarding room tax use? Our attorney worked through the weekend to have this information ready to serve the city after I form I informed him I had conversations last week with a few city officials who stated that any Information regarding this project was important for the altar people to have before the vote The papers are served on the city today for this reason only to help you the altar people to make an informed decision with all the facts Now regarding the papers served in the city today Thank you very much Renee sushi I'm Renee sushi on my home address is 303 St. Clair Avenue, and that is in the city of Sheboygan I am the owner of Lakeview Mansion bed and breakfast. It is Sheboygan's only lodging facility right now overlooking Lake, Michigan On the nights when Blue Harbor resort is oversold their overflow customers will expect upscale Accommodations overlooking the lake, and I would expect to get a lot of referrals from this establishment My dad is a mason who would love to help construct this project in order to avoid being laid off this winter He's been building a school in southern Illinois So as you can see my family has a lot to gain from this project going through However, I was born and raised here, and I was taught to do the right thing And that's why I'm one of the parties that serve papers today to the city and it might jeopardize this project The reason the papers were served is because the city has not been complying with the room tax statute for the past several years For example in 2002 the city kept 50% of the room tax money when according to the statute They were only entitled to keep 17% So that is according to the numbers that Susan quoted 62% reduction for the amount of money that was going to the convention and visitors bureau to promote the city You're going to build a convention center. You need to have the money available to promote it in June of 2002 the Sheboygan lodging group was formed Nine out of the 11 lodging facilities that were collecting room tax came to the city to say could you please create a commission? Those establishments included the Holiday Inn Express Harbor Winds Baymont Super 8 Romada Inn Fountain Park Brownstone in English Manor in Lakeview mansion When we requested that a room tax commission be for be formed as outlined in the statute the city set up a room tax Advisory committee it turned out. That's all it was was an advisory committee We were hoping it would evolve into the commission and that didn't happen The commission would have the power to disperse the room tax according to the statute in October I addressed the council and I gave everybody a copy of the statute and it probably is no surprise that I'm back here again today Also in September the lodging group sent a letter to everybody on the council here and asked that the commission be formed by November 1st And this is when things started getting kind of strange We never heard back from any of you before the November 1st deadline But we did get invited to meetings with the SDC the chamber the friends of Sheboygan and We decided after we didn't hear back whether you're going to do a commission or not that it was time to get our attorney involved And I'd like to mention that our attorney helped write the room tax statute So he's very familiar with what you can and cannot do with room tax money After our attorney met with the city attorney We were informed that a commission would still not be established now after reviewing the proposed contract between the city and Great Lakes It's obvious that you plan to continue to violate the statute The statute clearly states that a commission shall use the room tax revenue that it receives from a municipality To promote and develop tourism including the support of a convention center It does not say anywhere in the statute that the city may spend the money directly on the support of a convention center If you set up the commission you will be in compliance with the law. I'm not here just to complain I do have a few suggestions for the council First of all, obviously you need to set up a room tax commission Secondly, I would suggest that you do not approve the contract with Great Lakes in its current state Recently in the headlines in the paper said the city does not have enough money to keep the library open For its current hours an alderman recently told me you might not turn the fountain on this year because the city cannot pay the $20,000 water bill and if the city can't pay its bill I don't see how you can afford to give a twelve and a half million dollar Interest-free loan to Great Lakes One possibility would be to start charging Great Lakes some rent for their use of the convention center rather than only charging them $1 a year Third, I would suggest that you listen to other developers if you have any questions I'd be happy to supply a list of names and phone numbers of other developers that are interested in coming to Sheboygan On an important development like this It probably would have been wise to get some public input via a referendum to know which direction to go My last suggestion for this council is to stop letting the wealthy business people pull the strings behind the scenes I'm disgusted with the intimidation tactics tactics and threats that were used against me by some of these folks I can only imagine the peer pressure that the alderman received from these people when important issues are on the line in Summary I have more to personally gain from this project going through then if it doesn't however I cannot sit here and allow tax dollars to be spent illegally and irresponsibly Bob Gimther Bob Gimther my business address is 1104, Wisconsin Avenue. Honorable mayor all the person's guest I just want to reinstate the benefits to the city of Sheboygan and the citizens who live here The blue water resort and conference center will create employment opportunities After its completion as many as 300 jobs will exist Not to mention the hundreds of jobs that will be created during construction You'll add 52 million dollars of property evaluation to the city tax rolls If it is not built the cost to purchase the property and already Completed improvements will have to be paid for through increased property taxes The blue water resort and conference center will be the catalyst for further development to occur Creating more jobs and additional property assessments and requiring more construction workers to build them The benefits would greatly outweigh the perceived shortfalls of the vocal fuel In regard to the pending lawsuit Because I am not an attorney. I can only question the timing It seems the suit has questionable merit If there was any doubt at all of the use of the room tax to pay back the loan Why were there no questions raised earlier? I believe this is last-minute effort to quash the development of this great opportunity before us as was mentioned It's available. This information was available as of last October. I urge all the other persons to trust in illegal advice of your city attorney and the attorneys hired to negotiate this contract a Yes, vote will help ensure Sheboygan continues to move forward until the next hundred and fifty years Are there any questions the other persons may have? I'll invent accurate. Yeah, I guess Bob quick and you're giving me part of your five minutes do you feel comfortable that the Developer will try to use local labor I Spoke with Tom Kramer of Kramer brothers construction and I trust him at his word to use local contractors Mr. Kramer knows the importance of keeping his word as a reputable honest contractor. I Personally believe through my 25 years experience as a carpenter and supervisor that you'll get a better-built product using local craftsmen They're gonna have more pride in this they're gonna be going by every day their family their friends their neighbors are gonna see this building I believe there's a cost saving on mr. Kramer can pass on to the developers by not having his people Travel across the state and pay room and board There's also benefit to the citizens of our community and where we put more people interested in the trades into apprenticeship programs So I do believe mr. Kramer will keep his word I see he sees the same benefits to using local employees and contractors that I do Are there any other questions I can answer Thank you Hi, my name is D. Olson, I'm the executive director for the Sheboygan County Chamber of Commerce Good evening mayor Shram members of the council and interested citizens Tonight will likely be a remarkable time in Sheboygan's history So much has been invested in this project so far and its future now lies in your hands The Chamber of Commerce supports this project as do most of our 650 chamber members tourism is a 264 million dollar industry in Sheboygan County an Opportunity like this may only come our way once. This is a unique opportunity Sheboygan has become the envy of many communities across the state because we are on the threshold of such a project as Was recently expressed by tourism secretary Kevin Shibilsky while attending the sesquicentennial Founders Day Commencement We recognize that there are many many varied issues that have come into play as this project has moved along There have been many obstacles to slay in the process and there will continue to be related issues to be addressed by the common council and The related city committees I'll note tonight that the chamber work to negotiate a room tax agreement based on the recent room tax increase That increase facilitates the development of funds for the convention center But it will also elevate tourism promotion dollars available to the chamber and its convention visitors Bureau The room the new room tax agreement and the 2% increase recently passed Will take the CVB to a new level. I know that Figures were reported tonight of 38 percent our records have always reflected the minimum amount that we've ever received Was 48 percent at any given point Just wanted to clarify that Although we were conservative in our spending for 2002 in part because we did not have as much money But also because it was post 9-eleven And the national travel industry was predicting a downturn in travel In reality, we have had a better than expected year Allowing us carry over dollars from 2002 to 2003 In 2002 the CVB room tax dollars were approximately $150,000 the related room tax dollars budgeted for 2003 total 339 307 dollars We anticipate at least a five to ten percent increase in room tax dollar generation for 2004 Because of the increase and because of two major events coming to the Sheboygan area the Wisconsin Men's Bowling Tournament and the PGA Championship both being held in 2004 We have come out strong in 2003 with a good marketing plan We have already participated in four shows since January with yet one more slated for fall We have increased our visibility in advertising and national publications and the results have been gratifying Last year. We had over 15,000 visitor inquiries for the entire year The first quarter of this year the Chamber and CVB has responded to more than 15,000 inquiries in Just the first quarter Just 300 inquiries less than we had for the entire year of 2002 To emphasize the magnitude of the room tax dollars generated by the Blue Harbor resort Which will underwrite the Convention Center? Please note that the projections are for 700,000 in 2005 That's what that project will generate in room tax dollars in 2010 It is 2,000 and in 2015 it is $1,015,000 The Chamber and our board of directors has entered into a contract with the city of Sheboygan to serve as the tourism promotion entity for the city We believe we have a good contract with the city and the tourism promotion interests of the city are best served with that new contract a Few of the chambers lodging members would like to see a different approach to overseeing the collection and disbursement of the room tax dollars The Chamber's contract has a release of claims clause Engaging our full support of the contract as a result. We do not and will not support anything but the current contract D Time's up We appreciate your vote tonight Gary Dalmas I'm Gary Dalmas President Sheboygan Development Corp Honorable mayor all of them and all the ladies Again, I'm standing here to speak to you about a document that will be presented to you tonight for your approval As you know and I've already heard tonight It comes packed with emotion Before I go on a couple things. I'd like to address some comments that were made When we called a meeting With the lodging group. Yes, the SDC was present and yes, I represented the SDC and yes I asked that they'd be in confidentiality Any time you are negotiating a deal of this magnitude Things need to be confidential. It wasn't confidential to hide it from any older people But it was more to keep it out of the newspapers and to screw up any type of negotiations There was a comment made about Occupancy The Sheboygan Development Corporation also hired us realty. We predate paid approximately $20,000 to do a market study in Sheboygan to see whether a water park convention center would fly It came back and said this is economically and financially feasible Occupancy rates are being averaged out for great lakes at approximately 73 percent. These are not made up numbers As you see, there's a lot of representation by the SDC Friends of Sheboygan and the business community sitting in these council chambers this evening These individuals have committed our time and resources to bring to you and the citizens of Sheboygan that are watching tonight What we believe to be one of the most exciting projects to happen in a hundred and fifty years a 50 plus million dollar project for the South Pier This will be a great No, I think it'll be an awesome attraction for Sheboygan I think it'll also provide a long-needed convention center This document that you have in front of you is a good one. It's been worked on extensively By people you hired you hired coils and Brady one of the finest law firms You had a bond council that worked with your mayor and your city attorney and your finance director rich Gephard And they worked hard You had a planning department that worked it yet city engineering We believe that this document is a good one and we believe in it One that your former mayor Richard Snyder and the Sheboygan press endorsed Extensively giving it a ringing endorsement And we want you to believe in it also and accept it this evening It is unfortunate that we have just heard from two business people that would take this opportunity to start a lawsuit against the city and Virtually try and stop this fantastic project One that I reiterate is supported by the business community look at your account at your audience It is supported by the business community wholeheartedly I'm convinced that you will see beyond this move that was just Executed today and move forward with a positive vote It would be a loss to Sheboygan If we react out of fear because of this latest threat I Also spoke with their attorney and When I spoke with their attorney there was no mention that they were used to the money said for the room tax was illegal So I question when someone stands up here and says to you this is illegal Without giving you time to look at it. Let's not react out of fear because of a threat Mark Vicaro sits right there. Tom Sather sits right next to him These are good people who will be good corporate neighbors for the city. Sheboygan And we'll be proud to have them here But time is of essence. We are at the altar right now. It's time to make the commitment And we need to pass something to make sheboygan even a better place to live and work You have this type of opportunity sometimes only once in a lifetime Let's not let this one slip away from us. I Know that you will do what is best for the city sheboygan and its citizens And I believe that is to pass this document tonight and move this project forward Thank you for allowing me to diverse this audience All German Ben Ekron Thank you, your honor at this time. I would ask to pull forward 2654 It's committee report from the committee of the whole which is referring resolution 33 old 203 from Alderman Berg Approving the development agreement for the city and the redevelopment authority for the Great Lakes Company for development of the portion of South Pure District and rep recommending that this resolution be put upon its passage And I would move that the committee report be accepted and adopted Move to second a committee report be accepted and adopted under discussion Your honor go ahead You're on first of all I need to I need to amend the Resolution after the last be it further resolved We will add I guess be it further further resolved The wording of subject to further Changes to accommodate issues that may be raised by developers proposed lenders which such future changes other than minor or non Substantial shall require improvement of the redevelopment and the Common Council. I would move that that be put them on its passage Move in second. I'll be put upon its passage all of them in vernacular your honor what we're doing here is Great Lakes is going to have to go out to their lenders now And if something happens that they come back with a different their lenders request something that isn't in this Agreement they would have to come back to the council and redevelopment authority and Make you aware and you would have to approve any changes of this and that's what we're doing by adding that language Okay, is there any other discussion? All in order Thank you, your honor. I did try to shorten this up a little bit. So hopefully it won't take me too long Although I have a lot to say just an amendment. This is on the amendment Just on the amendment. Well, I support the amendment All right, all in favor of the amendment Opposed motion carried. All right. No, could I have a copy of that amendment when you're all done? No, you were supposed to write that I got it right that fast Thank you now Now I will move to put the resolution as amended put upon its passage Move to second a resolution be put upon its passage as amended as our discussion now under discussion You know we your honor we heard this evening In our public forum some questions about the legality of the room tax, so I guess I'd like Excuse me Oh, I'm sorry. You're right. I Missed one. There's another amendment. I was supposed to add to that amendment. I missed it on the first page There's a the second third whereas It says that the city will pay for an own a 20,000 square foot convention center 7,000 square foot That should read 29,000 Correct correct. I would move that that be changed Moved in second that the numbers be changed on the convention center under discussion Hearing none all in favor Opposed motion carry. I would move that the amendment has amendment be put upon its passage It's moved in second that the amendment has amended the resolution as amended be put upon its passage Under discussion hearing hearing none Alderman for us. This is on the actual vote here on amendment. No We're still on amendments Alderman Warner on amendment. I support the amendment Okay all in favor of the amendment I Post motion carried now again. I would move that the resolution be put upon its passage as amended I'll do it one more move this second at the resolution be put upon its passage as amended now under discussion Correct. Now we're back to we heard things tonight about the legality of whether we can use Room taxes for the purposes that we've been using in the past and in the future And I guess I would like to comment from the city attorney on whether or not He feels comfortable that What we're doing is correct in my opinion What the city is It's us the the way we've been using the room tax is is legal the the language that the Bed and breakfast people pick up on is One of the things that they they've used And by the way, they haven't filed a lawsuit yet what they filed with the city clerk today was a notice of circumstances of claim and claim which is a Precursor to a lawsuit and it's required under the statutes that if you sue a municipality have to provide a notice of claim first We've got a hundred and twenty days in which to act on that claim one way or another Prior to them being able to file a lawsuit But they point the language in the statute that says Any amount of room tax collected must be spent on tourism promotion and develop that must be spent on tourism promotion and development Shall either be spent directly by the municipality on tourism promotion and development Or should be forwarded to the commission for its municipality if the municipality has created a commission The statute does not require a single municipality to create a room tax commission My view the the main purpose of a room tax commission and where it makes sense to use one is And it's provided in the statute if you have a zone where you've got city of Sheboygan town of Sheboygan town of Wilson village of Kohler city of or village of Elkhart Lake all pooling their resources for a regional for regional tourism promotion It makes sense to create a commission because then you've got multiple jurisdictions Dealing with the same dollars and you're able to pool the dollars and you've got a body then that has representation from each of the entities a Commission to me for a single municipality is redundant. It's it's another layer The city council in effect acts as the commission when you've got a single municipality Collecting and dealing with room tanks The the language they point to is shall Be spent directly by the municipality on tourism promotion and development They're arguing that that means that the city has to actually buy all the billboards and buy the radio advertising and buy TV Advertising that that that's how you directly spend money You can't contract with another entity such as the chamber to spend the money and I would frankly just disagree with that Interpretation, I think the language in the statute is shall either be spent Directly by the municipality on tourism promotion development or should be forwarded to the commission in other words It shall either be spent directly by the city or indirectly by the commission and I Don't see that there's any requirement that if the city Contracts with another party to assist in tourism promotion and efforts that it has to create a commission Another issue that's been brought up is What the definition of tourism promotion and development is under the statute As the alderman recall this this issue has been brought up before In that some of the things that the council has authorized in other words Council has chosen to do is provide some of the room tax dollars to the Chamber of Commerce and retain some of the Room tax dollars, but because the city has retained those room tax dollars doesn't mean we've put all those monies into the General fund. That's not what for for any purpose. That's not what we've done We have categories in the city budget that That we expend directly for tourism promotion and development and that's That's money that the council annually Appropriates and budgets for tourism promotion Every year the amount that we have set aside for just Going into the general fund out of the room tax collections have been 10% and that's what I think We have to do statutorily and that's we've been doing that for years. We've been contracting with the Chamber of Commerce for years for Tourism promotion and development. I think what we're doing is fine using using room tax from the Great Lakes project for Purchase basically for building a city-owned convention center. I think is Classically tourism promotion and development Going back to the creation of the Harbor Center master plan a number of years ago It's been one of the goals of the city to to have a convention center without having room tax dollars to do that that frankly don't see that it's going to happen and Certainly not going to happen without Just building a freestanding convention center by the city You're going to need room tax dollars to to pay for that and that's that's what the Proposal is here is that yes, we're putting money into The Great Lakes project part of that and a good share of that is towards the city-owned convention center which will be the money from the room tax Will come back to the city to pay off the debt for the borrowing that relates to the convention center so In in short, I think what the city has been doing with the room tax dollars is appropriate and legal and It will be also under this proposed development agreement with Great Lakes Hold your thought and hang on Terry all my friends. Did you want to go on that ask a question about? Okay, thanks Steve I Don't want to spend a whole lot of time on this room tax thing because you know I to him suspect of timing that this is brought for forth on three o'clock on the afternoon of that We're going to do this. We actually were talking about this back as Admitted by the people that talk today back in October August September We did set up a committee that talked to them And we explained these things over and over. I'm sure they may not like the answers They're getting but they were given the answers now. It's their right to to pursue if they want But I hope that this council Doesn't allow this to people to override what 16 of us were elected to do here tonight Based on the city attorneys. I trust that he'll have to handle the legal end of this That's why we have him and we hire Radiant corals or whoever was to do those things for to do those things for us. I'm sorry Lawyers and lawyers, you know They handle the law for us and if they feel comfortable about what we've been doing for all these years We've been in these contracts for many years with the Chamber of Commerce To do these things I feel confident in that in what we're doing and it becomes their problem to handle this site It's our problem now to look at what we have to do tonight and let's not let two people Stand in the way what we were elected to do Okay Alderman all right Alderman prayers. Thank you your honor. I Suppose a day finally got here that everybody was anxiously waiting for I'd like to read because I think Pat I believe you're in charge of putting these little captions on the agenda It's a very very appropriate caption here, and I'm going to read it because council has the opportunity to see it doesn't The quotation says the best decision makers or those who are willing to suffer the most over their decisions But still retain their ability to be decisive Now that is important because every time I speak on this project. I'm called a critic and type business and type here And I've even been accused of Trying to clog the system and I can guarantee you and neither one of those is true Does this property need to be developed? Absolutely. Do I support it? Absolutely. Is this community better because of all this development has occurred and will continue to occur Absolutely, this community was founded by people and women of vision We are people of vision too. So there's nothing wrong about with the project Before I get into my little my little spill here. Where is a copy of this site of this notice of claim? Why were the council members given a copy? It comes to the council of our name So the clerk just got it at three o'clock right fine, and is that the procedure? Yes. Good. I'm glad we're following it this time I do have a copy here Alderman Perez if you'd like one well I I don't know that I could take 15 minutes to read that but I know but I know that there's been other instances Where those of claim have been filed and we are provided a copy, right? There's only it is only proper and I wish that someone would have done that and the reason I'm saying is It's because the issue here hasn't been is this a good project the issue has been One process we haven't been following the process. We have a process and we don't follow it We try to circumvent it we circumvented the province of this council We went around we backstroke try to cover our bases, and we still miss one important committee The room tax advisory committee they were never consulted about this project And that has been an issue all along every time I voice my opinion One your anti your anti business your anti peer the other issue was input By the people of this community and by the city council now this may sound rhetorical But we are elected to conduct business on behalf of the public not on our behalf We have to take that job serious We have to give the public and ourselves enough time For input and not time to scrutinize the facts And come back with an answer of yes or no Here we're gonna vote on this thing here Contract agreement. We don't even know what the site what the pleadings are in this lawsuit is pending We don't know how it impacts this this contract This has been a little frustrating for me because every time I turn around as questions nobody wants to give me answers Wait, it's coming around. We're making some changes pages more pages are being added The other issue was the injection of the amount of money that we're putting into this project when we have with the taxpayers again Now if the mayor feels comfortable with that rich feels comfortable with that SBC feels comfortable with that the friends everybody involves you was comfortable with that great Some of us don't and the other thing that I don't appreciate and have an appreciated sense is that the council should have never been put in a position in an unfair position where We're running out of time we tend to focus more and more on a deadline than we do in the details because we're out of time. We gotta act We've already spent too much money on it. We should back out We didn't put ourselves in that position somebody did somehow we find ourselves up against the wall Okay, not we got no place to go And if we act the other way we're in trouble Those are some of the things that have bothered me from the very very beginning I've looked at the risk. There are risks. There's more risks that were than the were itemized the last time, but that's okay Am I willing to go in the limb? I Think I'm gonna do it But I'm gonna ask the mayor if he supports this with his heart and mind and soul because if this thing goes belly up If that lawsuit prevails and we're counting all our jelly beans on room tax revenue, and they prevail Where's the money gonna come from? I support a hundred percent the project. It's a good project for our community and citizens of this community I do rich You've looked at the numbers I'd like to address sure you've looked at the numbers carefully back and forth one time you said you were scared Are you still scared? You're still scared Okay, all of my ports. Thank you, honor question for the city attorney First of all the room tax also, I don't think the commission that they're talking about makes much difference But do we need an amendment to protect ourselves in case they're successful in some way? We made amendments today that there would be changes the developers Finance institution wants need something Don't we need something to protect us just in case through the room tax? And also, I know the city of Milwaukee has I think it's called a local exposition tax It's really kind of like a sales tax on bar and food in an area, and I think that's for a convention center So I do think there's another way to Finance this if the room tax would go. I don't know if that has to be in place Before it's not or not, but I guess I Feel more comfortable if there was some kind of protective amendment in there regarding this room taxes if something would come of this Do you have opinion on that? Well, I guess my opinion is that it's proper to spend room tax dollars for a convention center And that's what we're doing in the Great Lakes project Okay That's not an issue of whether or not police overtime is properly tourism promotion development. I don't think anyone would have an argument that that development of a convention center city-owned with room tax dollars is It's not appropriate because I think it's it is appropriate and it's legal Well, I think it's appropriate too, but that I guess that's not You know, there's somebody saying it's not appropriate and hopefully they're wrong I Guess what protection do we have if somehow they succeed in doing what they're trying to do? And do we need an amendment to protect ourselves in that case in essence that we? load on this contract today Depending on 25 million dollars or room tax and then find out we don't have the room tax But where are we going from there? I Well, we're gonna collect the room tax Regardless if the project goes I mean You fill up a room you collect room tax right what what the what the agreement provides is a guaranteed room tax There are guaranteed payment That the developer gets credit for the room tax received Regardless will receive room tax assuming the project Successful and fills up rooms The issue is I guess you're raising is whether or not you could use that room tax that you collect to pay the debt for the convention center that you built and I believe you can I don't see Any basis to argue that you couldn't use that room tax that you collect on that project for the For the convention center. Well, I don't I don't either Questioning, you know, if we find out a month from now that we can't where do we stand? well, you wouldn't you wouldn't find out a month from now first of all because we've got a hundred and twenty days in which to respond to this notice and take Say you take three months to respond to the notice You wouldn't file the lawsuit for at least three months and you wouldn't get a decision probably for another year after that So well that I understand but I would and I assume you've had a little some time to look at this But I I would think council will be very interested in knowing if two weeks from now years have a different opinion on this Of course, I won't be here. So it's not my problem, but You know, I Guess that's my concern whether there should be some contingent amendment in here just to protect us in case two weeks From now you have a different opinion I'm not sure if you're asking all the reports just a short-term thing before the project actually Proceeded or are you saying that well once once they start digging the hole in Bill in the Bill and it's too late and I would certainly hope that your office are Corals and Brady or whatever is going to have an opinion that we're okay before that starts You know that we're confident that if the this lawsuit does come to petition that We will win Well, I can tell you right now and I'll tell you in two weeks and I'll tell you in a month that on that aspect of it I think we're solid Could a judge say that use of room tax to pay police over time for the 4th of July parade 4th of July is you know Stretching the bounds could be and you you know, that's that's a possibility that I could conceive I don't think that that's the case because I think a judge would say that that's a legislative decision But that's a possibility and you'd be out You know for the future tax years, maybe $12,000 or something you'd have to use other sources of funds but for this project for use of room tax for the convention center I Don't think that's an issue You know where they're going to be a decision or could there be a decision rendered in the next Several weeks or a month Then I guess What you're suggesting might not be a bad idea to have some contingency that It would be contingent on the successful outcome of some lawsuit But the problem with that is you're not going to have a decision like that for Probably a year one or no, I realize knocking out a decision, but I would assume that your opinion today is that it's not a problem My concern is after you start looking at this two weeks from now your opinion is that maybe it is a problem. Well, I Can tell you I've been looking at this since the issue was raised a year ago Maybe longer and my opinion hasn't changed I'm still confident that the city's use of the room tax dollars is legal and appropriate. Okay Could I change in a couple weeks? I suppose anything can happen, but I don't anticipate it Okay, you don't feel that there's any need for any kind of amendment to the contract for that not that would Not that would be prior to Construction no You know anything that would be Insurance would be later on down the road after the project is up and running. Yeah Okay, thank you. Okay All of them in order Thank you, Your Honor, and I guess I do trust even that because first place Steve is an expert in municipal and state code That's what his job is. He's our city attorney. So he is looking after our interests and second Steve's elected And the lat because I've ordered for him I've ordered for him because I trusted him and I trust in his judgment And so I believe I believe what he says is correct and he is correct also that this was discussed at least a year ago I know I asked him that last summer Same question regarding the room tax if it was legal use it for a convention center when we at one time had to solve peer advisory group But so beyond that no, I'm ready to say what I came to say Mayor fellow council members We have debated every aspect of this project We must at times make difficult decisions Decisions that will have an impact for years and in fact decades into the future That is why we have spent so much time reviewing this agreement discussing its implications and debating its merits Many times I hear someone in an elected position say We have to do what the people want well in my district. This is what the people want Well often it is true that we have to do what the people want Yet, I would argue that it is not always so Sometimes we have more information than our constituents and often we must make decisions that are Based on the information we have or are not popular This is what we are elected to do in a representative form of government make the tough decisions Public opinion can be swayed by what is printed by what is broadcast or By fads and misinformation We were elected to wade through all the pertinent information Review and question it amend and change it and then to recommend and vote for or against an issue We are now at the final step in this process in Any issue it is easy to bring out the negatives We see it in political campaigns. We see it when special interests are involved in issues such as this We see the negatives brought into play by those with selfish interests Be the personal political or philosophical I Believe it is always more difficult to move forward than it is to maintain the status quo or to black progress It is much harder to bring the positives and the benefits to the forefront when fear and angst are used as weapons to divide We are not talking about dumping a truckload of bricks on the 8th Street Calling it a plaza a day late in a dollar short 10 years beyond its time This is real bricks and mortar expansion of our tax base an Expansion within our boundaries our land we own And we control the destiny of We must look forward. We must look to the future as well as we can I Am convinced this project the Blue Harbor resort and Convention Center will be the catalyst that propels Sheboygan forward for decades providing jobs positive economic impact and a bright future To all those involved mere SRAM the SDC the Friends Great Lakes and our city staff. I Thank you for your vision and hard work to my colleagues. I Challenge you to take a step forward for Sheboygan for your city's future. Let's support this project 100% and Pass the unanimous ballot of approval. Thank you Thank you, your honor before I vote. Yes, I think I'd like to engage a little more buyer remorse for this project In an ideal world a developer would come to us and say I want to build you a 50 million dollar Convention Center and hotel pay $50,000 an acre for a 99 year land meet lease so hire three 300 people and I prefer to do it outside of a TIF district So you can profit to a half a million dollars worth of tax immediately next year's well, it's not an ideal world It's a real world and we compete with every other municipality up and down the lakefront Do you think that matter to walk which has just lost 800 jobs? Wouldn't like to develop some of their lakefront property that they wouldn't be able to put together a very similar project and proposal And I think that we need to look at that fact and the fact that even though this is a project I'm going to vote for there are a number of things that come together Which suggests that now is the time to vote this is not a linear issue that deals with only a hotel or a convention center It deals with a confluence of issues Several of them being we have about a year and a half left to go in that TIF We've already invested a substantial amount in property taxes and infrastructure if we look at We have no major other Candidates for development of that particular project or that particular area and believe me shanties that sell refrigerator Magnus and Fudge are not likely to drive a lot of jobs or tax base I would submit that the genie is out of the bottle so far that at this stage There's very little we can do to put it back in without irreparable harm if there is buyers remorse It comes in a number of areas we are within I believe two thousands of our debt limit and if my Addition is right. That's we've got about ten thousand ten thousand dollar cushion in our debt limit We better recap the tires on our vehicles. That's all I've got to say Unfortunately that impacts on other areas and other Service that we dearly need the promises we made to those who still suffer in terms of stormwater tax We need to look at how we fund that we need to Realize that we are now likely going to forestall our stormwater project unless Future councils have the ability to prohibit rain in the city of Sheboygan, which if they do I think we're on to something There is no current re-opener clause in this particular Document that invites a dialogue with regard to structuring Restructuring our debt in the event that the room tax revenue 15 years out does not meet its projections And I guess of some concern also is right now my two oldest grandchildren Amel excuse me Natalie and Joshua are in middle school by the time this debt is realized They will be in their late 30s Notwithstanding all of that I think that this is arguably one of the biggest events that has ever if you would Take a place in our history Since James Farnsworth decided to build a training post in Sheboygan And my guess is if James Farnsworth came back now He'd say you know that trading post that I decided to put in Sheboygan It was down well worth the risk and I submit that this is also. Thank you Thank you your honor Every metropolitan area in the United States is faced with a major issue of what we do with blighted areas Brown fields and and those kinds of things I think Sheboygan has an exemplary record at dealing with this when you look back at what's been accomplished in approximately Last ten years the Marina project water street our way Northgate Washington Square and so on This is sort of the capstone project. I think we have to go ahead Question for attorney we got another development agreement tonight. Was there any significant changes in this agreement that we should know about? I think there are Alderman vernacran and if you want to spend the time I think we should should talk about those Well, there's a lot of changes I think there's there's a few that are significant and concept that Don't don't change things You know totally in concept, but but they're Now in the document that that are different than they they were before if you look specifically at the last sections of the agreement there's some new paragraphs page pages 70 through 72 the These paragraphs weren't there before the resort lender foreclosure and the condominium lender foreclosure I Guess I would ask and Comer who's with Quarles and Brady I Would ask if she could come to the podium and perhaps aid in the explanation of those Those paragraphs for the for the council. I think we'd need to open the floor to your honor your honor Even though she's hired by the city. She's not a city department head in our rule So I would move to open the floor Blued in second to open the floor in the discussion Hearing none all in favor opposed motion carried and the lender for the developer asked for the changes that are reflected in paragraphs 42 and 43 of the document The lender wanted us to make it clear that in the event that the there was a foreclosure involving that the lenders loan that The transfer of the project subject to a foreclosure or acceptance by the lender of a deed in lieu of foreclosure Would be permitted by the city and a transfer from that lender to a purchaser would also be permitted by the city and The transfer either the lender nor the transfer would have to meet the transfer Limitations that were otherwise set forth in this agreement in the event of a voluntary transfer That's one change. The other change is in the event of a foreclosure or the acceptance of a deed in lieu of foreclosure The lender if it takes the project over is not going to be liable personally liable for the payments under the Reimbursement agreement that is the payments of amounts that are due under that reimbursement agreement neither will the first transferee from the Lender be responsible for those payments in that case the developer will stay liable for them making of those payments under the Under the reimbursement agreement. I think those are the significant changes reflected in paragraphs 42 and 43 Thank you. I thought you said voluntary transfer with them this year. Or did you mean involuntary transfer? There are I may have misspoke, but there there are restrictions in the agreement that the developers allowed to transfer the project under certain circumstances in a voluntary setting in an Involuntary setting where there's a foreclosure deed in lieu of foreclosure. Those are the and that's what's discussed in paragraphs 42 and 43 Okay, so if they found their transfer to somebody else then they have to meet certain tests. Yes. Okay. Thank you There there's also a change and it was discussed at the Committee of the Whole on page 5. I'm sorry. Yeah, that's It's in The definition of convention center project. It was changed from a minimum 600 capacity Convention Center to minimum 1,000 person capacity classroom style seating Convention Center again that Was consistent with what was discussed at the Committee of the Whole by by the developer And off the top of your head. Can you think of? This is a long document and there's Just bear with me one minute One item there's new reference to And it's in several places of the agreement to an intercreditor agreement to be entered into between the city and the The lender for the developer And that will be subject to approval by both the redevelopment authority and the council under the this document, but that intercreditor agreement will again be a contract between us and the lender and address issues on priority and Notice of by one party to the other if there's a default in the project an opportunity to cure by the other party Various other Provisions that are sort of typical and intercreditor agreement but intercreditor means an agreement between two creditors that are providing in this case Our lending money to the developer for the project So there's reference to that intercreditor agreement in here Alderman Schultz. Did you have a question friend? Oh There's some changes in the damage destruction paragraph which is paragraph 15 from the last draft that you saw and and that's After the It's part of the first first sentence There's a semicolon after The condition it was immediately prior to the casualty and then added is provided However, if a default has occurred and is continuing under this agreement or any of the sub-agreements Then subject to the rights of the resort lender the city or the authority may elect not to permit the resort LLC to rebuild repair replace the resort project and a similar provision After the immediately prior to casualty in the next sentence and at the end of that paragraph 15 You see a new sentence That's added in there That reads if the resort project or the convention center project is not rebuilt repaired and or replaced Following fire damage or other casualty that that shall not operate to release resort LLC from its liabilities and obligations And the reimbursement agreement for the payment of all amounts due and owing under the reimbursement agreement I can't remember if it was in the the version that you received last Monday or not But on the water park operation That's paragraph 23 There's language that reads It's the second sentence subject to the restrictions imposed in good faith by the resort LLC from time Should be from time to time concerning capacity at the water park for reasons of life safety or the quality of the experience of the water park guests that's new language and I think that was from the a Change from the language I had before and also the Two sentences further down. There's a new sentence that reads the resort LLC shall not be required to make advanced sales of admissions to the water park There are some changes in the indemnification section section 28 added to that would be G in the first paragraph Where it reads any damage? This is the This first paragraph is the developers Indemnifications to the city and the authority where they'll hold us harmless and G says any damage to or breached by the resort Or the developer resort LLC or condominium LLC their contractor subcontractors agents employees invitees or condominium transferees of the engineer barrier as described in the Remedial action plan and or this is the addition and or any wrongful or intentional or negligent actor omission on the part of developer Resort LLC or condominium LLC or their contractor subcontractors agents employees invitees or condominium transferees which would cause the city not to be in compliance with the remedial action plan the The last sentence of that first paragraph There was reference to It reads in addition the developer etc. Shall not be liable for any release During the course of construction of any hazardous substances substance located on the resort site or the other sites Now it reads on the date that resort LLC or condominium LLC or developer commenced any work on Any of the resort site condominium site or the convention center site in various drafts previously We had gone from the date of this agreement that that that would first get triggered then we went to the date of Entry into the leases at the closing and This this is in between in the event there were to be a situation where We allowed the developer on site to start doing some site work before actually closing This language would would say from that point on the The developer wouldn't be liable for any release during the course of construction But not Not prior to that time similar language that In the next paragraph that resort LLC or condominium LLC or developer commenced any work Or any of the reason on any of the resort site or the condominium site of the convention center site And that is the city and the redevelopment authorities indemnification to the developer that In subsection D. There any release by the city or the authority Of petroleum products or hazardous materials or hazardous substances on upon or into the resort project Which products or materials or substances were not present at under or under? at under or on the resort site condominium site convention center site on the date again that the resort LLC or condominium LLC or developer commenced any work on the project rather than of the date of this agreement and then the The last there's an additional last sentence of that second paragraph Says notwithstanding the foregoing near that the city nor the authority should be liable for any claims liabilities or demands arising from any acts or omissions on the part of the developer Resort LLC condominium LLC their contract or subcontractors etc There's a definition of the term hazardous substance to mean any flammable explosives or radioactive materials etc Then there's a new sentence also that a new paragraph the last paragraph of section 28 that you currently got in your clean version says The city shall have the right to inspect the resort site the resort project the other the rest of the site not less than once each year in order to assure that the Sites are in compliance with the remedial action plan as required by the plan and Making these inspections the city will use its best efforts not to unreasonably interfere with the operation of the project and Resort LLC at its cost and expense would be responsible for maintenance and repair of the engineered barrier within the resort site And the condominium site in the convention center site under The remedial action plan one part of that is that there's a soil soil maintenance plan that we're responsible for and This is another reason why the DNR is happy that we're leasing the site as opposed to selling it is that We're responsible for annually inspecting the south pier The rice property to make sure that the engineered barrier that's in place is still intact and This allows us to get on the site to check those things and to the extent for instance part of the engineered barrier is the parking lots Where there's a parking lot that constitutes the engineered barrier so we do an inspection and find that There's cracks in the engineered barrier in the concrete or asphalt whatever it is that Would expose part of the soils underneath that that would have to be repaired So that we maintain the integrity of the engineered barrier We're putting this engineered barrier on all the if you will that the non-building sites and The buildings and parking lots and so forth in the streets act as the engineered barrier on a balance of the site Go for a couple questions. Are you guys sure? That's fine. I think that's Most of the changes all of them shows Thank you your honor. I feel some need for some reason to Come to your defense Earlier this year I had some critical remarks to say to you And still I found your office open and available available to me this year For Alderman Perez to stand up and say that or to criticize you and say that he's uninformed and that he's vice president of the council I think if he chose to be informed if he contacted you came to your office I think your office would be open to him and willing to talk with him the city attorney's office is open and city attorney is very Welcome to talk with people to meet with you one-on-one No one should stand up and say that they're uninformed if they are they have to accept some of that blame themselves I think to to criticize you and your office and Your team working on this on this issue Because we didn't get a copy of the claim that was filed at three o'clock this afternoon It's playing into the hands of the people that filed that claim They had a reason for bringing it in at three o'clock this afternoon. They knew it was late So I I don't I think that's unfair criticism. I don't think it's it's warranted I'm gonna make some comments later this evening Being that this is my last meeting on this council and in my remarks. I'm gonna I mentioned About people Contacting department heads and others if you've got a question Call somebody everybody's willing to work with you. I found everybody Cooperative 100% anytime I ask any questions or had any problem. So I think the criticism is is somewhat Unfounded on in this case. Thank you. Thank you All of them in Vander wheel Thank you, your honor I just want to one make one thing perfectly clear the only people that ever influenced me on the decision I'm gonna make tonight is the people of shabuigan the citizens of shabuigan. I was not influenced by business owners at all I just want to make that clear and Also, I am Confident that this will not be a sore thumb to the people of shabuigan like the marina has become I think the south pier is gonna be a good project and I look forward to bringing my children there on opening day Thank you. Thank you All over for us Thank you, honor and no one I don't respond to your comments Steve question for you. We're talking about you your of the opinion that the use of the room tax is appropriate in the construction of the convention center Are there any is there any money going to the construction of the Condo Not room tax money. No Not for the Resort or condos. No, you're better. No, we've been we've been very meticulous in Maintaining and segregating out those funds that are used for the convention center versus and parking lot versus Resort and the condominiums very good. Thank you All of important. Thank you, honor We were just talking about in democations for the land Thought that occurred to me Since we're leasing them the land and lawyers like to name everybody involved if somebody drowns in that pool Because we're leasing the land will we be named in those lawsuits? And if so is there any kind of indemification for a city for that? I believe there is Certainly the city could be named in any sort of suit You know on the basis that we own the land so it could be could be in there. I believe there's a And maybe and can find it faster than I can There's one general catch all the the end of the Second paragraph and I'm not sure if this specifically addresses that but notwithstanding the foregoing Neither the city nor the authority should be liable for any claims Liabilities or demands arising from the acts or emissions on the part of the developer the resort LLC the condominium LLC or their contract or Subcontractive agents employees and VITs are condominium transferees That's one area that I somewhat addressed there's also a There's also an indemnity For the failure to comply with laws rules regulations and ordinances and damaged or injury to persons as a result of that But if somebody drowns there's not necessarily anybody's fault. It just happens There's there's also in the first paragraph sub F developer Indemnifies and defends and holds harmless the city and the authority for Injury to or death of any person at the resort project or the condominium project or the convention center project I promise after we take the vote we'll take a five-minute break and then if you have to leave All the men winning her I support the Support this project believe it will be a big success and we will greatly benefit from that decision When the marina project was first introduced there were resistance But now we can look back and see what a wonderful addition it is to the video We built a marina and now we need to step up to the next phase the South Pier project We are now in the year 2003 Kind have changed We need an attraction for a beautiful city The indoor water park the hotel and the convention center will attract tourists Remember the old saying you need to spend money to make money. That is exactly what we need to do Yes, it is a risk, but isn't every business a risk almost every every decision is a risk I believe the risk is small and versus the potential of this investment The city has lots of buffers the GPA golf tournament road America and many smaller events There will be jobs for the shaboykin people no jobs with a chance to disappear to China or Mexico But jobs that will stay the city of shaboykin again I will support this project and I urge everyone else to do so as Thank you. Thank you. Good all of them and one of them Thank you, mr.. Mayor Shortest speech of the night. Okay My boat will reflect what I truly believe is the wishes of my constituents and One other item to appease the ghost of mr. Farnsworth who I believe is present tonight His first name is my favorite name. It's William I Learn moody Thank you, your honor I've said time and time again to you and to a couple other department heads I would not support this unless I knew we could also keep up with stormwater management and With the police station and I would like either you or rich gebb hard to explain how we can do this and Yet do stormwater management and the police station? Thank you As far as changes There's an exhibit F. That's just loose on your desk that would substitute for the exhibit F that reimbursement schedule that just Is taxed this this is the new exhibit F that would be substituted As we reviewed last week and committee the whole look at the debt limit projection through 2005 and in that we're looking at the starting with a Having debt as two and a half percent of our Equalized values as the end of 2002 and we are paying about six million dollars in maturities each year The one factor that's probably the variable is to estimate what the increase in equalized values will be during the next three years and We used an average of five point six percent over the three years and that's you know With the acuity project with the Great Lakes project. That's probably a reasonable level Based on that and the issuance of 17 million dollars for the South Pier project In 2003 and then three million dollars a year for the regular Kaplan improvements program for the streets and sewers and stormwater We would be right around three percent at the end of all three with in 2004 with about three point nine million issuance for district six and the three million for the regular program and Some other small bar rings for TIF districts. We would continue to be about two point nine percent and Then we're looking at in 2005 The issuance of six point seven million for the police station and the three million dollars for the regular program We would continue to be at two point nine percent There are some variables in there, but as far as the stormwater program, of course, that would be through the Kaplan improvements Commission What their right priorities would be in the recommendations to the council and the council's acceptance of those But we would be maintaining the three million dollar level through these estimates Keep it sure. Thank you. So we can keep tracking and do it all All of them in Ben Akron Thank You your honor. I was sitting quietly and told myself. I wouldn't say anything else But it's my last night so I can do whatever I want now First of all, not anything. Yeah First of all, I'd like to ask to open the floor to Mike like them because I have a question I think the redevelopment authority met this evening and I would like to have the chairman of the redevelopment Tell us what that vote was so I'm not aware of that Moved in a second to open the floor to Mike like them under discussion here. You know that all in favor posed Mike Thank You mr. Mayor on behalf of the entire redevelopment authority for the city of Sheboyin I'm pleased to report that we did meet tonight and after review and Questioning we with five members present unanimously passed to busy or the development agreement And it's with that unified a strong voice that we recommend council also prove it tonight. Thank you very much I guess that kind of reaffirms what we've been saying all along. Thank you Mike. Don't forget my key we We've been doing this now I think nine months ten months something like this Although the numbers may have changed a little bit in Months, I think the premise of how we were doing this has stayed the same quite a long time, you know back in August July we met in whole session to talk and give them the rights to first refusal and things like that They brought forward some things and we then told the city Staff in the mirror to go ahead and negotiate on our behalf and I think they did You know back in August then I think I think it was August that we passed the 8% Room tax So I don't think it's any surprise people that when we passed that 8% room tax the whole reason We did that was based on what we were going to do it here tonight based on this So this isn't a huge surprise or shouldn't be a huge surprise How this has been funded through the room tax because why do you think we change and this we were told That's why we're looking to change the room tax back at this time was in order to continue this To continue with this program and on this project I Have to agree with Val Schultz It's our last night. So we have to agree with Val Schultz And I agree that you know even during the years I've talked to Val We've called each other at her homes and have talked on on rare occasions We have talked to each other on about things and I would encourage all the all women to do that and again You know there hasn't been a time where I stepped in the building had to go talk about something with finance with rich or See Steve or see Tom or Paulette or you there That sometime during that conversation I would say I was a great Lake student and they would tell me you know all every one of you could have done That and feel free you're all in this building stop anytime. I've never had Tom Rich or anybody not take the time to sit down and say and every time I talk to you I think I've talked to you a couple times a week on things, but I'd always at some point I'd ask you how's the great links come in So I agree that you know you've got to take some of those forward steps to to ask those questions and get the right answers I hope we all support this tonight You know, I'm fairly conservative up here on how to spend the dollars And watching out for the taxpayers. I think We've done the best job we can in Making sure as many guarantees every time we had a stumbly block about something We tried to put some type of guarantee to make sure we had that covered and that's why this took so long That's why so so many of us are a little frustrated on how many times is the Documents come back with changes But some of that was to the betterment of the city to make sure that we did cover all of our bases And to make sure that we did have the best agreement I think the only thing we probably made a mistake on doing this is we probably should have held this Meeting on last fall sometime on a Monday night when the Packers were playing and we would have been out of here by 8 o'clock But I think we've asked all the questions I commend all the council for asking the questions. That's your job I did a great job of asking the right questions and now it's time to put put it to a vote Thank you as soon as we get the next two and then we'll put it to a vote all in order. Thank you, I guess Silas mentioned a new police station I believe or someone over here did In early on in this project that was my concern as chairman of building use for a couple of years here We've been working on that project And that was something that was important to me is that that that project would still be doable because I see the importance in it So we did check into that and Betty my predecessor predecessor Richard Leonard and Dr. Carl table they'd be calling me up if and Actually one of them did already to make sure that the flood program Capital improvements program would go on to cover that part of it So that was something we thought about all along along with this those two issues The other thing is is my daughter Several years ago bought her for first home my youngest girl and the first thing she said to me dad if I buy this house What happens if I lose my job and Rick loses his job Do I lose my house? I said well Lisa you could you may have some of your equity left But you could lose your house every single person that bought a house has that risk of losing their home Unless they have enough money to pay cash for it as long as they can pay their taxes. They're gonna keep their home and I did talk to Val today too. So just wanted to make that known and Another thing I do is this morning. I stayed home from work today at a day vacation and I did some things around the house, but between 6 30 and 7 o'clock. I was sending out probably I Think I sent to him to two emails to Pat one to the mayor one to Steve Pete Fullerton got one Ed I sent one of human resources and Part of these are because people sent me emails during the night or had questions that I had a follow-up on but you have to do the work and that includes attending meetings and Communicating with the staff to find out your information. So it's all I have to say. Thank you All the reports Thank you, your honor as you know, I asked a lot of questions That's how I get to a comfort level on something I'm gonna vote on I will be voting for this today But I just also want to reiterate that although I'm supporting this document I'm still objecting to the 99 year releases for a dollar. I think that's the one thing I'm not comfortable with but overall I will be voting for thank you Okay Here we go roll call that please call the roll No, it isn't Bowman Perez Wangeman Wangeman Devin Akron Weninger Vanderwill Warner e-Berg Moody Doyle D-Burg Stefan Steven Akron Ports Schultz 15 eyes one no Congratulations Before we take a break I just want to say one thing as we find a court on agreement which we will both Well, which will both change and enhance sheboygan's Sheboygan long into the future I would like to extend the most sincere Thanks to several groups of citizens who work tirelessly and had the foresight to visualize what the great Lake's development will mean to our community. I Thank both the Sheboygan Development Corp and the friends of Sheboygan for their commitment and belief in this project and for their financial support I extend my deepest thanks to our city attorney our city staff steam McLean Rich Gebhardt our finance director Tom Holton our public works director and Paulette Enders who could not be with us tonight, but Pete's in her place For their undying efforts and dedication to providing the best deal possible for our city our citizens These four individuals worked evenings and weekends over the past several months to help draft agreement Which will both protect and enhance our city's future? Lastly, I'd like to thank the alderman who voted in support of this project for being able to make a long-term commitment To a project what will define which will define our future? Thank you again ladies and gentlemen Now let's take a five-minute break and we'll return Okay, we'll call the council order Pat. Will you call her old please? He's excused Excuse Stefan Steven Akron Steven Akron Vander wheel long a minute Long a minute. I'm sorry long a minute Are you here? I'm sorry Warner Winnie here Bowman 14 present Quarms present before we get back into the agenda D. Would you like to say something and you can use the microphone if you want back? Sure on behalf of the shabuigin development Corporation board We're going to have a reception for the alderman over at community bank and trust you'd like to join us afterwards It will be non-alcoholic beverages and or jerks, but we want to Want to keep it light for you tonight, so we'd appreciate it if you can join us. Thank you Thank you, dude Now keeping with the tradition a lot of you don't remember because you haven't been on a council long enough to remember it But generally when alderman serves on a council for many years that alderman gets the opportunity to Run the last council meeting of the year and since we have for alderman up here and too long I asked Val or Terry which one one and Terry said to let fell do it And I want to acknowledge that alderman ports has been here six years correct and alderman burgers been here four years So we appreciate you being here and for all the hard work you have done on a council for the citizens citizens of shabuigin and Good luck on whatever you do After tonight or if you come back into politics in a different area Good luck in that But thank you for serving on a council So at that alderman shows I will turn the meeting over to you With my microphone on I Don't mind taking shots Steve, but from you Pat me tell you to turn her light on but that I'll let that up to you if you want to do that or not All right, I'll turn her off. Thank you mayor. Yeah, I like the view from up here Before we continue though, I I do have some remarks and I think I'll make them at this time Again, thank you mayor for this opportunity I want to begin by thanking the voters of the fifth district for giving me the privilege of serving them for 12 and one half years I want to thank former mayor Schneider for giving me my start on the council and the opportunities He presented me with by the various committee appointments He gave me and you mayor SRAM for continuing those opportunities and experiences for me my peak year was in 2000 2001 when I was on 13 different committees My low year was my first year and now my last year on the council with three committee appointments I've enjoyed my time on the council and because of this I leave with mixed emotions It has been a tremendously fulfilling and rewarding experience in that for 12 and one half years I have had the opportunity opportunity to be a part of the decision-making process Shaping and giving direction to our city for the future 1997-98 I was council president in my speech to the council at that time I said downtowns were becoming cultural centers rather than commercial centers We see that today with a wild center for the performing arts the children's museum the expansion of the Kohler Arts Center The library remodeling and expansion all tremendous improvements and attractions to our downtown The Shboygan marina and Harbor Center that I enthusiastically supported from the beginning has been an attraction Encouraging economic development in this area the Johnson Bank Developer Tom Schafer's new office building plus all the other many historic buildings renovated now occupied and doing business This evening we approved the development agreement with great lace companies for development of a portion of the South Pier district We heard there is risk in the project But there is risk in and expense in doing nothing also with the amount of scrutiny Planning and negotiating put into this project and the support of the Shboygan development corporation the Chamber of Commerce The Friends of Shboygan I think the risk has been minimized and the project deserves the council approval it received this evening I believe this development will encourage further development and when the South Pier district is fully developed will be an area Shboygan will be proud of You do not sit on this council for 12 and one-half years and be effective without the support of many others For that support. I owe a lot of people a huge. Thank you. I will not mention names because I will surely miss someone I want to thank all the department heads and their staffs every one of them For the cooperation and assistance they have given me Everyone came through 100 percent every time when asked for information or assistance This includes the elected offices the mayor's office the city attorney and the city clerk all the city clerk has always given me a hard time Their staffs have been fantastic including the including the clerk Some departing advice for the council I was told once by a fellow elder person when I asked for his support on an issue You did not support me so I cannot support you this kind of attitude is simply wrong Every issue needs to be considered and supported or not supported on its own merits not whether or not you supported a previous issue Do your homework if you have questions call a department head or whomever the question relates to they are all more than willing to work with you You will be faced with many challenges in the future like we have not seen before With declining revenues and increasing costs stormwater management and new police station South pier development all requiring huge sums of money These challenges can be opportunities Opportunities to form partnerships with the county on some as chairman of the third shared services committee for a number of years I believe the framework is there for forming partnerships The county and city will be faced with similar challenges that can be worked on together I think the addition of the county administrator position and Adam Payne has been a very positive Move for the county. I found Adam always friendly and easy to work with I Still believe a city administrator would be a positive addition for the city and would like to see that become a reality someday Along with along with that a smaller council possibly eight members he elected citywide rather than by district I want to congratulate Alderman Terry van Akron on his election to the state legislature He served us well on the council and I am sure he will continue to do so on the state level and congratulations Terry I want to thank Alderman Eldenburg and Bill Ports as they leave the council both of them professionals in different fields Brought their skills and insight to this council in a way. They can both be proud of both will be missed I would like to welcome Jim Graf Anthony Bonet Marilyn Montemire Jim and Anthony returning to council and Marilyn as a new member Lastly my replacement Eric Rindfleisch I do not know Eric, but I have met him and talked with him a couple of times. I am impressed with him It is comforting to be replaced by someone I feel can do as well or maybe even better than I did I always want to see the system improve and I hope and feel Eric will be an improvement to that system Thank you With that we'll continue with the agenda Alderman van Akron Make it right whatever it is Terry Alderman Schurl, thank you. I would ask on the consent agenda. First of all, I would ask that we pull number 2019 and I would ask that that be Referred to the public works committee of the new council Motion has been made seconded to pull 2619 and refer that to the public works committee of the new council under discussion If none all favor the motion say aye Chair votes aye opposed Thank you Alderman Schultz now 26-1 through 26 Well 2643 43 I would move that the Communication be accepted and filed the RO's be accepted and filed the committee reports be accepted and adopted resolutions and substitute resolutions all be put upon their passage and The general ordinance be put upon their passage 26-1 through 2643 motion has been being seconded to accept and file all RO's Accept and adopt all our C's and general ordinances and pass all resolutions under discussion If none all in favor of the motion say aye Roll call that's right. I Do need the clerk hi 2644 to be referred 2645 Alderman van Ackerman, thank you Alderman Schultz. I would move that the Say what we need suspension Okay, I would move asked for suspension Go ahead Motion is made and seconded for suspension under discussion If none go ahead Alderman van Ackerman move that the resolution it's a resolution authorizing transfers of funds to provide monies to establish Revenue and appropriation from a donation received for Maywood Environmental Trust of Sheboyin County to plant Materials at Maywood. I would ask that that resolution be put upon its passage Motion has been made and seconded Resolution 2645 be put upon his passage under discussion All in favor of the motion say aye roll call roll call 2646 does that lie over Alderman Doyle that we accept and adopt the report of committee Is the defendant number 5705 vice and the holder here to speak in his behalf appears not sir any discussion if not roll call Forty-three was in the consent agenda Yes 2647 2648 and 2649 are referred 2650 by finance recommending amending the debt policy for the city's limit on the annual debt service Debt issuance up to three million dollars per year for non-tiff projects Alderman van Ackerman your honor I would move that on 2650 51 52 and 53 all from finance committee First one is the debt issuance of the second one is recommending transfers and appropriations for the 2003 budget and the capital improvements budget and passing the substitute resolutions 52 is a finance Recommending authorizing the south period great leeks project for an exemption the limits imposed on a resolution the limits of the amounts Invested in the city futures tiff district and finance recommending filing documents from capital improvements programs 2003 and 6 through 7 and passing the substitute resolution I would move that all four of those be put upon their passage under discussion If none we need a roll call I 2655 by Alderman Warner Doyle many banter wheel and weninger amending the municipal code relating to the licensing of amusement devices Alderman Warner, and we need suspension Motion has been made seconded for suspension under discussion. I have to Okay, Alderman Warner I'm gonna have to ask Patrick play a live because I didn't know I needed suspensions Alderman vernachron is that answer your question. Yes. Thank you Under discussion, I would make a motion the general ordinance be put upon its passage under submission as been made and seconded to For the general ordinance we put under on its passage under discussion under discussion Alderman Schultz this ordinance relates to licensing of amusement devices within the city News and amusement devices have changed dramatically and no longer simply pool tables and dart machines We have all seen the video amusement machines and many establishments throughout the city This issue was brought to the licensing function of the public protection Safety Committee for consideration and after review at numerous meetings With the clerk's office and city attorney this ordinance came about This is common in most cities throughout, Wisconsin our fees are in line with other communities and are a cap to the $100 to address A lot of amusement business concerns the community recommends passage. Thank you Any other discussion if not roll call I Over in vernachron down here lightest blinking did I pass you up or was that from no, it's still on from awesome But on 2555 Your Honor I Would move that the resolution be Put upon its passage for the person purchasing agent to enter into a contract for workman's comp compensation compensation claims Services and the next one 2556 a resolution a Resolution authorizing a transfer of some appropriations into 2003 budget I will move both that both resolutions be put upon their passage Motion has been made as seconded for 2555 2556 both resolution be put upon their passage under discussion If none we need a roll call roll call I 2656 is going to the capital improvements commission of the new council 2657 by Alderman Warner Communication by Alderman Warner from Tanya Schwinn encouraging a vote for the new New resort water park and civic center at the lakefront that can be accepted in file lovin Warner I think you're Alderman Schultz on that and make a motion to accept communication Motion has been made and seconded to accept and file 2657 under discussion If none all in favor the motion say aye chair votes aye opposed 2658 and RC by the marina negotiations committee recommended filing documents relative to the Harbor Center marina Alderman Warner Or Van Akron, I mean I'm sorry Alderman Thank you your honor on 2658 I'd like to also include 2659 right away a strategic RC from the street strategic fiscal planning Commission recommending the filing various documents relating to the ambulance service I would move that both committee reports be accepted and adopted and the third one 2660. I'm sorry. I flipped over to page an RC from the strategic fiscal planning committee recommending reference of documents relative to the budget reductions Okay, I'm sorry Motion has been made and seconded to accept and adopt the two RCs 2658 and 59 under discussion You have none all in favor of motion say aye chair votes aye opposed 2660 has been referred to the strategic fiscal planning committee of the new common council Alderman van Akron Steve is supposed to read this other matter other matters That can be accepted and filed Warner to accept and file Motion has been made and seconded to accept and file 2661 under discussion if none all in favor of the motion say aye chair votes aye opposed 20 oh Alderman van Akron I Guess your honor before I adjourn if Alderman Berg would like to make a comment Alderman reports their final comments for the council. I guess we could do that before and I'll make mine When I make the announcement to adjourn Involvement did you have something? Yes, I did. Okay. Why don't we take you first thing you're lighted on? Well, as usual, I guess everyone knows that I do tend to stand up before everyone else makes their comments But Alderman she'll speak me to the punch earlier So needless to say Ella. I'll just start in I Mean as we all know what tonight marks the end of another council year And what we did this year was tremendous tonight's action We'll be with this city for a very long time, and I hope it's going to turn out wonderfully Like I said as usual I get up and speak about our members who will not be with us this next council year I'll try not to be as rash as I had been in the past Although it was fun, and it was all really in fun So I guess I'll start out with our council president Terry van Ekeren, of course You've been a fixture here for about how long? 30 years Something like that, right? Well, I couldn't remember exactly, but I know you've been here longer than I have I know you're in and out here and there, but you've still been here much longer He's not much over 30 Dennis. He couldn't have been up here Even you a couple of weeks ago made a comment that you know you've been here for a long time But you can remember the clothing styles at the mayor of the clerk in the city attorney. We're all wearing So that's another thing too and another thing. We are definitely going to need another person to object When we do suspend the rules. I mean you were good at that. No, don't look at me. I Mean you were extremely good at that and I tell you one very honestly I am going to miss looking up to you Not only it was a member of this council, but also as a true friend Good luck in the state assembly and of course we will all miss you Now I'm gonna move on Gee mr. Schultz. I'm looking at you at the moment You two have been here fixture for quite a long time Since your retirement from Wisconsin public service Every time I came into City Hall you were here and you had made those comments earlier that you came up and visited quite often Are you sure you really didn't have a room somewhere up here that you stayed in? Because really you were always here Your dedication to this community will be remembered by many for a long long time and of course we will miss your very colorful commentary Bill you told me last year That if you weren't reelected you didn't want to be here to last name the council because I always make these type of comments Well as an accountant you and numbers are always one and the same You always came prepared which is one good thing never unchallenging When you need it to make a point but We always knew when you were nearly finished with your speaking How could we tell? Your words just faded away to a soft mumble That is a trait. I know I'm gonna miss and good luck in the future And now the last question will you run for mayor as the newspaper said? And mr. Berg You're always a man who was never at a loss for words And I've served on several committees with you And you could make a bad situation to something very cheerful Wherever you hide that bottle I need some of that as a public works chairman you entertained as well as being a good chairperson The sewage treatment plant must have really intrigued you why? Because every time we had public comment to concern for the meetings you would ask if they were here for the pickle liquor issue It's really not what you think folks honest. It's not We will truly miss your leadership qualities and we'll know where to find you this summer. Won't we? Once more good luck in the future to the four of you who are leaving this common council. Thank you Alderman parts Thank you all in shorts. I'm really not one to prepare speeches, but I did enjoy working with everybody I Have great admiration for both you and Terry been acting consider both you to be friends like I Enjoy working both both of you I Everybody enjoys Elvin, you know You two tend to fight sometimes, but I got along with both you and you were both wonderful I enjoyed working with the staff and the other all of them and that's what I'm going to miss I'm not going to miss the phone calls. I'm not going to miss laying awake at night thinking about an issue I'm happy that Jim Graus replacing me. He's a good friend and a capable person But everybody that called me the last year with an issue he's been out of office for a year Give him a call. Let him know what's going on Don't call me anymore All of them were I think I followed Dennis a little bit on this because I've been doing this every year too In fact, I did it for for the gentleman that I replaced on the console when I came in and it was his last night This is all is a somewhat unpleasant night When you have to say goodbye to some of your friends and colleagues It does provide an opportunity to express your gratitude and remember the accomplished accomplishments and challenges that we overcame together All of them Bill Ports has been seated in front of me since I joined the council four years ago Those have been a valuable and important part of the common council His accounting background has provided a sort of check and balance when we discuss financial matters Often bill would shine light on issues that at least I had not even considered Bill it has been a pleasure working with you and I thank you for your service tissue bogey. Thank you and Alderman Schultz. I Did not go back to check on how many years Val had served as constituents and the city not because I wasn't curious But because many of the decisions Val has made over the years will remain long after his departure Always well thought out always presented without a doubt about his belief Val has been a contributor and will be missed by all of us sometime in the future. I expect to hear from Val again You'll probably want to have parking restricted around a school or a park or someplace like that Alderman Schultz. Thank you for all you've done for sheboygan And the Elden thank you Alderman Elden Berg. What can I say? Elden helped change the way I looked at a lot of things His wit and viewpoint have been enjoyed by all of us at one time or another in every committee Elden has served his impact has been significant and he's always been a pleasure to work with Elden my friend and colleague. I will certainly miss you. I Have no clue what we'll do on the 4th of July after grabbing a bite to eat at the mirrors brought fry in the community center I hope you keep your boat in the marina so we can stop and have one with you Elden take a break some spend some time with Fran in the family, but don't forget about your friends Thanks for all you've done Elden And Alderman Van Akron state representative Van Akron You my friend are a man of many accomplishments Your leadership on this council and furthest city has been second to none Your impact your imprint will be difficult for anyone to come close to In my first years in the council, I remember well the battles we had and how funny it was when we actually agreed As often as you said I actually agree with Alderman Warner I think I at least matched with a few where I actually agreed with Alderman Van Akron Terry Van Akron Anyway, I've learned a lot from you especially in the past year and I thank you for that As a long-time chairman of public works in the past year's chair of finance You've worked hard to keep Sheboygan on a level course to her future I don't know if there's any committee that you have not served on I do know that on every committee you have served You did your job well and with the best interests of the city in mind Terry you have served the city at the highest level possible and all that you've done And I know you will continue to represent us well in the state assembly Although you're leaving this council You're not leaving the city of Sheboygan and we will call on you often for help at the state level and I'm sure you will Respond. Thank you representative Van Akron Thank you Yes, thank you Val. It's kind of I've given eulogies, but I've never been the subject of one So that's rather unusual to take this occasion to Contemplate that I guess a couple things we we know many things about Sheboygan. Sheboygan is the best place In the United States to raise a family. That's also the best place in the United States to be an alderman Being an alderman is the best low paying job you can get in the city I Don't know what the future holds. I may want to do a support group for used alderman So if any of you are interested, please see me after the meeting and thank you all very much Thank you all and and again mayor sincere. Thank you to you for everything. It's been appreciated and Look forward to I look forward to some time off now alderman Ben Akron First of all, I want to thank I caught that Terry you said your honor that's twice I want to thank everybody for Serving the city of Sheboygan. It's been a great honor to have been the president the last year All of you I consider friends and we It takes a lot to give up your time and effort for the city Sheboygan And I commend all of you for for doing that, you know, this is the third time I've stepped out on the council and somehow I always get pulled back to this So I never say goodbye. I just say wait. I'll be back This time I Am going to be representing the city still it in in a capacity at Madison. I Ask all of you to have input, please Many of you already have my email address and I get in dated with questions and I feel good about that I'm there to represent the people the city just like you are and I need your input and I need your help And I'll continue to ask for that It's been an honor to have done this in the last 15 plus years As I said, I don't say goodbye. I just say we'll be back sometime and upon that I'm going to ask to move to adjourn and On the adjourn on that motion the three of us are putting a three-man hole On the motion to adjourn for this evening. So I alderman ports and We'll put a three-man hole on the all so we don't have to leave. Thank you The city clerk just gave me her legal opinion. She says it's not legal to do that on the last meeting I Will move to adjourn sign of die Thank you, everyone