Twenty-first Regular Common Council Meeting Monday, February 05, 2024 06:00 PM City Hall, 3rd Floor - Council Chambers, 828 Center Avenue, Sheboygan, WI

"The future depends on what you do today." - Mahatma Gandhi

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 21st Regular Meeting of the 2023-2024 Common Council at 6:00 PM, MONDAY, February 05, 2024 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
  Alderperson Felde may attend meeting remotely

• 2.Pledge of Allegiance

• 3.Approval of Minutes
  Twentieth Regular Council Meeting held on January 15, 2024

• 4.Resignation
  Kenneth King from the Citizens Board of Review effective immediately.

• 5.Resignation
  Jackie Erdman from the Harbor Centre BID Board of Directors and Committees effective immediately.

• 6.Presentation
  American Powerboat Association 2023 Best Site Award presented to Mayor on behalf of Powerboat P1 Advisor, Stuart Halley.

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

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

CONSENT

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

• 10.R. O. No. 98-23-24 by City Clerk pursuant to R. O. No. 86-23-24 granting license no. 3626 (Suma Brothers, Inc.) for a “Class B” Liquor license, wishes to report that per a phone conversation on January 16, 2024, the deal to acquire the business located at 2504 Calumet Drive “fell through”. The “Class B” Liquor license will remain with Calumet Diner, Inc. (License no. 2192).

• 11.R. O. No. 104-23-24 by Board of License Examiners submitting application for Building Contractor Licenses already granted.

• 12.R. O. No. 107-23-24 by City Clerk submitting a letter from the Department of Administration stating that the Van Horn Properties of Sheboygan LLC Annexation was reviewed and found to be in the public interest.

• 13.R. O. No. 97-23-24 by Board of Water Commissioners submitting the Boards' report on the Water Utility for the fourth quarter of 2023.

• 14.R. C. No. 183-23-24 by Finance and Personnel Committee to whom was referred R. O. No. 81-23-24 by City Clerk submitting a claim from David Andrews for alleged damages to vehicle when it struck a manhole cover; recommends filing the claim.

• 15.R. C. No. 184-23-24 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 90-23-24 by Police Chief Christopher Domagalski pursuant to section 30-50 of the Municipal Code, submitting the quarterly report showing the Benchmark Measurements for the Police Department for the period commencing October 1, 2023 and ending December 31, 2023; recommends filing the report.

• 16.R. C. No. 185-23-24 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 91-23-24 by Fire Chief pursuant to section 24-459 of the Municipal Code, submitting the quarterly report of Benchmark Measurements for the Fire Department, for the period commencing October 1, 2023 and ending December 31, 2023.; recommends filing the report.

• 17.R. C. No. 186-23-24 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 89-23-24 by the City Clerk submitting various license applications; recommends granting the applications contingent upon clerk approval of the premises description.

• 18.R. C. No. 189-23-24 by Finance and Personnel Committee to whom was referred Res. No. 142-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the appropriate City officials to execute the Amended and Restated Services Agreement between the City of Sheboygan and SolidaritUS Health Inc. regarding the provision of an employer health clinic for 2024; recommends adopting the Resolution.

• 19.R. C. No. 190-23-24 by Finance and Personnel Committee to whom was referred Res. No. 143-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the appropriate City officials to remove certain uncollected delinquent personal property taxes and uncollected accounts receivable from the City of Sheboygan’s general ledger as of December 31, 2023; recommends adopting the Resolution.

REPORT OF OFFICERS

• 20.R. O. No. 99-23-24 by City Plan Commission to whom was referred R. O. No. 96-23-24 by City Clerk and Gen. Ord. No. 35-23-24 by Alderperson Ramey annexing territory to the City of Sheboygan, Wisconsin (1.75 acres – Parcel No. 59024351652); recommends filing the R. O. and adopting the Ordinance.

• 21.R. O. No. 102-23-24 by City Clerk submitting a claim from Rogahn Jones regarding excessive assessment on Parcel No. 59281215133 (SCF RC Funding IV LLC). REFER TO FINANCE AND PERSONNEL COMMITTEE

• 22.R. O. No. 101-23-24 by City Clerk submitting a claim from Stephanie Buskill for alleged damages to vehicle caused by a garbage truck. REFER TO FINANCE AND PERSONNEL COMMITTEEE

• 23.R. O. No. 100-23-24 by City Clerk submitting a claim from Alex Xiong for alleged damages to vehicle caused by a snow plow. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 24.R. O. No. 103-23-24 by City Clerk submitting a Notice of Injury from Attorney Jordan P. Blad representing Douglas C. Diedrichs. REFER TO FINANCE AND PERSONNEL COMMITTEE 

• 25.R. O. No. 105-23-24 by City Clerk submitting an application for amendment of the City of Sheboygan Official Zoning Map of the Sheboygan Zoning Ordinance for property located west of/and including 3512 Wilgus Avenue (Parcel Nos. 59281215833 and 59281215827). REFER TO CITY PLAN COMMISSION

• 26.R. O. No. 106-23-24 by City Administrator Casey Bradley submitting a communication from City Administrator Casey Bradley to Mayor Ryan Sorenson and Common Council members providing background information on the proposed development agreement between the City of Sheboygan and Malibu Apartments, LLC. REFER TO FINANCE AND PERSONNEL COMMITTEE

RESOLUTIONS

• 27.Res. No. 152-23-24 by Alderpersons Dekker and Rust authorizing the appropriate City officials to execute the Agreement Between City of Sheboygan and Fox Valley Athletics, LLC for the Management and Operation of Recreational Programs at Wildwood Athletic Complex. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• 28.Res. No. 146-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing entering into a Tax Incremental District Development Agreement with Malibu Apartments, LLC for the development of the former Kite Beach site located at 1403-1435 South 7th Street. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 29.Res. No. 147-23-24 by Alderpersons Dekker and Rust authorizing the Finance Director to make a change to the 2024 Capital Improvements Plan in order to reallocate funding within the Motor Vehicle Department and amending the 2024 budget to reflect the change. REFER TO PUBLIC WORKS COMMITTEE

• 30.Res. No. 149-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the purchase of 1211 North 23rd Street (Parcel No. 59281206682) from Aurora Medical Group Inc. for future use by the City. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 31.Res. No. 148-23-24 by Alderpersons Dekker and Rust authorizing the Superintendent of Parks and Forestry to take necessary actions to receive a grant from Fund for Lake Michigan for the Maywood and Evergreen Parks Water Quality Improvement project. REFER TO PUBLIC WORKS COMMITTEE

• 32.Res. No. 150-23-24 by Alderpersons Dekker and Rust authorizing the appropriate City officials to enter into contract with Norcon Corporation for the rehabilitation of the aeration basins at the City of Sheboygan Wastewater Treatment Facility. REFER TO PUBLIC WORKS COMMITTEE

• 33.Res. No. 151-23-24 by Alderpersons Salazar and Felde authorizing the appropriate City officials to enter into a Clinical Affiliation Agreement Between the Grafton Fire Department and the City of Sheboygan Fire Department for purposes of education and clinical experience of the Grafton Fire Department paramedics. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

• 34.Res. No. 153-23-24 by Alderpersons Salazar and Felde authorizing acceptance of the 2024 Wisconsin Bureau of Transportation Safety, Bicycle and Pedestrian Enforcement Grant and establishing an appropriation in the 2024 budget for grant funds received. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

REPORT OF COMMITTEES

• 35.R. C. No. 187-23-24 by Public Works Committee to whom was referred Gen. Ord. No. 36-23-24 by Alderpersons Dekker and Rust amending various sections of Chapter 60 of the Municipal Code so as to reflect desired management changes regarding the Marina and Riverfront; recommends adopting the Ordinance with amendments outlined in attached memo by City Attorney Adams.

• 36.R. C. No. 188-23-24 by Public Works Committee to whom was referred Res. No. 144-23-24 by Alderpersons Dekker and Rust authorizing the appropriate City officials to execute the Letter Form Proposal from SmithGroup, Inc. regarding the development of a Deland Park/Harbor Centre Marina master plan; recommends adopting the Resolution.

• 37.R. C. No. 191-23-24 by Finance and Personnel Committee to whom was referred Direct Referral Res. No. 145-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the appropriate City officials to sign the January 1, 2023 -December 31, 2025 Contract between the City of Sheboygan and Amalgamated Transit Union Local 998; recommends adopting the Resolution.

GENERAL ORDINANCES

• 38.Gen. Ord. No. 37-23-24 by Alderperson Ramey amending the City of Sheboygan Official Zoning Map of the Sheboygan Zoning Ordinance to change the Use District Classification for property located west of 3512 Wilgus Avenue - Parcel No. 59281215833 from Class Suburban Commercial (SC) to Class Suburban Commercial (SC) with PUD overlay Classification. REFER TO CITY PLAN COMMISSION

• 39.Gen. Ord. No. 38-23-24 by Alderperson Ramey amending the City of Sheboygan Official Zoning Map of the Sheboygan Zoning Ordinance to change the Use District Classification for property located at 3512 Wilgus Avenue - Parcel No. 59281215827 from Class Suburban Commercial (SC) to Class Suburban Commercial (SC) with PUD overlay Classification. REFER TO CITY PLAN COMMISSION

• 40.Gen. Ord. No. 39-23-24 by Alderpersons Dekker, Salazar, and Mitchell amending the City's Planned Unit Development (PUD) process so as to streamline it and make it more user friendly. REFER TO CITY PLAN COMMISSION

• 41.Gen. Ord. No. 40-23-24 by Alderpersons Salazar and Felde amending various provisions of the municipal code related to open burning so as to create additional regulation of open burning within the City, including regulations allowing additional forms of open burning so long as such forms are safe and approved by the fire department. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE 

CLOSED SESSION

• 42.Motion to convene in closed session under the exemption provided in Sec. 19.85(1)(e), Wis. Stats., where competitive and bargaining sessions require a closed session, related to the following: 1) potential development, land purchase, and incentives involving redevelopment in the downtown areas; 2) development updates regarding Tax Incremental District 23.

OTHER MATTERS AUTHORIZED BY LAW

ADJOURN MEETING

• 43.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