Twenty-Fourth Regular Common Council Meeting Monday, March 20, 2023 06:00 PM City Hall, 3rd Floor - Council Chambers, 828 Center Avenue, Sheboygan, WI

"If we had no winter, the spring would not be so pleasant" Anne Bradstreet

This meeting may be viewed LIVE on Charter Spectrum Channel 990, AT&T U-Verse Channel 99 and: www.wscssheboygan.com/vod.

Notice of the 24th Regular Meeting of the 2022-2023 Common Council at 6:00 PM, MONDAY, March 20, 2023 in City Hall, 3rd Floor - Council Chambers, 828 Center Avenue, Sheboygan, WI. Persons with disabilities who need accommodations to attend the meeting should contact Meredith DeBruin at the City Clerk's Office, 828 Center Avenue, (920) 459-3361.

Members of the public who wish to participate in public forum remotely shall provide notice to the City Clerk at (920) 459-3361 at least 24 hours before the meeting so that the person may be provided a remote link for that purpose.

OPENING OF MEETING

• 1.Roll Call
  Alderpersons Ackley, Dekker, Felde, Filicky-Peneski, Heidemann, Mitchell, Perrella, Ramey, Rust, and Salazar may attend the meeting remotely.

• 2.Pledge of Allegiance

• 3.Approval of Minutes
  Twenty-Third Regular Council Meeting held on March 6, 2023

• 4.Resignation
  Jessica Huss from the Room Tax Commission effective immediately

• 5.Public Forum
  Limit of five people having five minutes each with comments limited to items on this agenda.

• 6.Mayor's Announcements
  Upcoming Community Events, Proclamations, Employee Recognitions

HEARINGS

• 7.Hearing No. 4-22-23 pursuant to a notice published and personal notices sent by the City Clerk, amending the City's Future Land Use Map of the Sheboygan Comprehensive Plan to change the Land Use Classification of property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue - Parcel #59281631480 (Lot 1) from Public Parks and Open Space to Multi-Family Residential Classification.

• 8.Hearing No. 5-22-23 pursuant to a notice published and personal notices sent by the City Clerk, amending the City's Future Land Use Map of the Sheboygan Comprehensive Plan to change the Land Use Classification of property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue - Parcel #59281631480 (Lot 2) from Public Parks and Open Space to Institutional and Community Facilities Classification.

• 9.Hearing No. 6-22-23 pursuant to a notice published and personal notices sent by the City Clerk, amending the City's Future Land Use Map of the Sheboygan Comprehensive Plan to change the Land Use Classification of property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue - Parcel #59281631480 (Lot 3) from Public Parks and Open Space to Multi-Family Residential Classification.

• 10.Hearing No. 7-22-23 pursuant to a notice published and personal notices sent by the City Clerk, amending the City of Sheboygan Official Zoning Map to change the Use Classification of property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue - Parcel #59281631480 (Lot 1) from Suburban Residential (SR-5) to Urban Residential (UR-12) Classification.

• 11.Hearing No. 8-22-23 pursuant to a notice published and personal notices sent by the City Clerk, amending the City of Sheboygan Official Zoning Map to change the Use Classification of property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue - Parcel #59281631480 (Lot 2) from Suburban Residential (SR-5) to Suburban Office (SO) Classification.

• 12.Hearing No. 9-22-23 pursuant to a notice published and personal notices sent by the City Clerk, amending the City of Sheboygan Official Zoning Map to change the Use Classification of property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue - Parcel #59281631480 (Lot 3) from Suburban Residential (SR-5) to Urban Residential (UR-12) Classification.

• 13.Hearing No. 10-22-23 pursuant to a notice published and personal notices sent by the Finance Director, this hearing is to confirm the exercise of police power in making an assessment for those benefited properties against which assessments are proposed for Parking Assessment District No. 1.

• 14.Hearing No. 11-22-23 pursuant to a notice published and personal notices sent by the Finance Director, this hearing is to confirm the exercise of police power in making an assessment for those benefited properties against which assessments are proposed for Parking Assessment District 2.

• 15.Hearing No. 12-22-23 pursuant to a notice published and personal notices sent by the Finance Director, this hearing is to confirm the exercise of police power in making an assessment for those benefited properties against which assessments are proposed for Parking Assessment District 4.

• 16.Hearing No. 13-22-23 pursuant to a notice published and personal notices sent by the Finance Director, this hearing is to confirm the exercise of police power in making an assessment for those benefited properties against which assessments are proposed for Parking Assessment District 5.

CONSENT

• 17.Motion to Receive and File all R.O.'s, Receive all R.C.'s and Adopt all Resolutions and Ordinances

• 18.R. C. No. 184-22-23 by Finance and Personnel Committee to whom was referred Res. No. 149-22-23 by Alderpersons Mitchell and Filicky-Peneski authorizing the Director of Public Works to issue purchase orders for the purchase of six mobile column hoists at the Municipal Services Building and authorizing an adjustment to the 2023 budget to fund the unanticipated purchase; recommends adopting the Resolution.

• 19.R. C. No. 185-22-23 by Finance and Personnel Committee to whom was referred Res. No. 143-22-23 by Alderpersons Mitchell and Filicky-Peneski confirming the exercise of police power in making an assessment for the benefited properties against which assessments are proposed for Parking Assessment District No. 1; recommends adopting the Resolution.

• 20.R. C. No. 186-22-23 by Finance and Personnel Committee to whom was referred Res. No. 144-22-23 by Alderpersons Mitchell and Filicky-Peneski confirming the exercise of police power in making an assessment for the benefited properties against which assessments are proposed for Parking Assessment District No. 2; recommends adopting the Resolution.

• 21.R. C. No. 187-22-23 by Finance and Personnel Committee to whom was referred Res. No. 145-22-23 by Alderpersons Mitchell and Filicky-Peneski confirming the exercise of police power in making an assessment for the benefited properties against which assessments are proposed for Parking Assessment District No. 4; recommends adopting the Resolution.

• 22.R. C. No. 188-22-23 by Finance and Personnel Committee to whom was referred Res. No. 146-22-23 by Alderpersons Mitchell and Filicky-Peneski confirming the exercise of police power in making an assessment for the benefited properties against which assessments are proposed for Parking Assessment District No. 5; recommends adopting the Resolution.

• 23.R. C. No. 189-22-23 by Finance and Personnel Committee to whom was referred R. O. No. 101-22-23 by City Clerk submitting a claim from Pessefall Law, LLC for alleged unlawful tax against Midstate Amusement Games, LLC; recommends filing the claim.

• 24.R. C. No. 190-22-23 by Finance and Personnel Committee to whom was referred R. O. No. 102-22-23 by City Clerk submitting a claim from Alexandria Engle for alleged damages to vehicle when it slid on an icy road; recommends filing the claim.

• 25.R. C. No. 192-22-23 by Public Works Committee to whom was referred Res. No. 155-22-23 by Alderpersons Dekker and Rust authorizing the appropriate City officials to enter into a contract with Vinton Construction Company for the construction of the Calumet Drive Pavement Repair; recommends adopting the Resolution.

• 26.R. C. No. 191-22-23 by Public Works Committee to whom was referred Res. No. 147-22-23 by Alderpersons Dekker and Rust authorizing executing a one-year lease for the agricultural property in the City of Sheboygan formerly owned by John Poth, Jr.; recommends adopting the Resolution.

• 27.R. C. No. 193-22-23 by Public Works Committee to whom was referred Res. No. 150-22-23 by Alderpersons Dekker and Rust authorizing the appropriate City officials to enter into a contract with Klunck Masonry LLC for the 2023 Sidewalk Program; recommends adopting the Resolution.

• 28.R. C. No. 194-22-23 by Public Works Committee to whom was referred Res. No. 151-22-23 by Alderpersons Dekker and Rust authorizing the appropriate City officials to enter into a contract with Buteyn-Peterson Construction Company for miscellaneous sewer repairs; recommends adopting the Resolution.

REPORT OF OFFICERS

• 29.R. O. No. 122-22-23 by City Clerk submitting a claim from Johnson Financial Group for reimbursement of personal property tax paid. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 30.R. O. No. 124-22-23 by City Clerk submitting a Summons and Complaint in the matter of U.S. Bank Trust Company, National Association, as Trustee vs. David J. Rosenthal et al. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 31.R. O. No. 123-22-23 by City Clerk submitting a letter from Crystal Meise-Henning notifying the City of Sheboygan of the intent to file civil action regarding an incident that occurred on August 23, 2022. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 32.R. O. No. 125-22-23 by City Clerk submitting a claim from Mario D. Campbell for alleged injuries that occurred when he fell. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 33.R. O. No. 126-22-23 by Finance Director/Treasurer submitting a communication from the Harbor Centre Business Improvement District requesting that the City of Sheboygan release all funds collected on their behalf and those funds allocated to them for fiscal year 2023. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 34.R. O. No. 127-22-23 by City Clerk submitting various license applications. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

RESOLUTIONS

• 35.Res. No. 157-22-23 by Alderpersons Mitchell and Filicky-Peneski authorizing the sale of land in the SouthPointe Enterprise Campus to Sheboygan Southpoint Development, LLC. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• 36.Res. No. 160-22-23 by Alderpersons Felde and Filicky-Peneski authorizing the Purchasing Agent to issue a purchase order to Lee Recreation, LLC for the purchase of Playground Equipment for installation by the Parks and Forestry Division of the Department of Public Works at End Park and authorizing an adjustment to the 2023 budget to fund the purchase. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• 37.Res. No. 158-22-23 by Alderpersons Dekker and Rust authorizing the appropriate City officials to enter into a contract with Dorner Inc. for the reconstruction of Indiana Avenue from South 24th Street to South 17th Street and authorizing an adjustment to the 2023-2027 Capital Improvement Plan and the 2023 budget. REFER TO PUBLIC WORKS COMMITTEE

• 38.Res. No. 159-22-23 by Alderpersons Dekker and Rust authorizing the appropriate City officials to enter into a lease with Lakeshore United FC for use and management of the Butzen property. REFER TO PUBLIC WORKS COMMITTEE

REPORT OF COMMITTEES

• 39.R. C. No. 182-22-23 by Finance and Personnel Committee to whom was referred DIRECT REFERRAL Res. No. 156-22-23 by Alderpersons Mitchell and Filicky-Peneski authorizing entering into a Development Agreement with GenCap Emem Sheboygan 101, LLC regarding an affordable housing project to be located on or near the former Koepsell property; recommends adopting the Resolution.

• 40.R. C. No. 183-22-23 by Finance and Personnel Committee to whom was referred Res. No. 153-22-23 by Alderpersons Mitchell and Filicky-Peneski appointing the chairperson of the Finance and Personnel Committee to take certain actions and exercise certain authority of the common council as has been delegated to the city administrator during the current vacancy in the position of city administrator.; recommends adopting the Resolution.

GENERAL ORDINANCES

MATTERS LAID OVER

• 41.R. O. No. 115-22-23 by City Plan Commission to whom was referred Gen. Ord. No. 21-22-23 by Alderperson Felde amending the City’s Future Land Use Map of the Sheboygan Comprehensive Plan to change the Use District Classification for property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue – Parcel #59281631481 (Lot 1) from Public Parks and Open Space to Multi-Family Residential Classification; recommends adopting the Ordinance.

• 42.R. O. No. 116-22-23 by City Plan Commission to whom was referred Gen. Ord. No. 22-22-23 by Alderperson Felde amending the City’s Future Land Use Map of the Sheboygan Comprehensive Plan to change the Use District Classification for property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue – Parcel #59281631481 (Lot 2) from Public Parks and Open Space to Institutional and Community Facilities Classification; recommends adopting the Ordinance.

• 43.R. O. No. 117-22-23 by City Plan Commission to whom was referred Gen. Ord. No. 23-22-23 by Alderperson Felde amending the City’s Future Land Use Map of the Sheboygan Comprehensive Plan to change the Use District Classification for property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue – Parcel #59281631481 (Lot 3) from Public Parks and Open Space to Multi-Family Residential Classification; recommends adopting the Ordinance.

• 44.R. O. No. 111-22-23 by City Plan Commission to whom was referred Gen. Ord. No. 24-22-23 by Alderperson Felde and R. O. No. 107-22-23 by City Clerk submitting an application from Froedtert Health, Inc. to amend the City of Sheboygan Official Zoning Map of the Sheboygan Zoning Ordinance to change the Use District Classification for property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue – Parcel #59281631481 (Lot 1) from Suburban Residential (SR-5) to Urban Residential (UR-12) Classification; recommends filing the R. O. and adopting the Ordinance.

• 45.R. O. No. 112-22-23 by City Plan Commission to whom was referred Gen. Ord. No. 25-22-23 by Alderperson Felde and R. O. No. 108-22-23 by City Clerk submitting an application from Froedtert Health, Inc. to amend the City of Sheboygan Official Zoning Map of the Sheboygan Zoning Ordinance to change the Use District Classification for property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue – Parcel #59281631481 (Lot 2) from Suburban Residential (SR-5) to Suburban Office (SO) Classification; recommends filing the R. O. and adopting the Ordinance.

• 46.R. O. No. 113-22-23 by City Plan Commission to whom was referred Gen. Ord. No. 26-22-23 by Alderperson Felde and R. O. No. 109-22-23 by City Clerk submitting an application from Froedtert Health, Inc. to amend the City of Sheboygan Official Zoning Map of the Sheboygan Zoning Ordinance to change the Use District Classification for property located off of the Northeast corner of N. Taylor Drive and Saemann Avenue – Parcel #59281631481 (Lot 3) from Suburban Residential (SR-5) to Urban Residential (UR-12) Classification.; recommends filing the R. O. and adopting the Ordinance.

OTHER MATTERS AUTHORIZED BY LAW

ADJOURN MEETING

• 47.Motion to Adjourn

In compliance with Wisconsin's Open Meetings Law, this agenda was posted in the following locations more than 24 hours prior to the time of the meeting:

City Hall  •  Mead Public Library
Sheboygan County Administration Building  •  City's website