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

"The ability to learn is the most important quality a leader can have." Padmasree Warrior

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 9th Regular Meeting of the 2024-2025 Common Council at 6:00 PM, MONDAY, August 5, 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 and Mitchell may attend meeting remotely

• 2.Pledge of Allegiance

• 3.Approval of Minutes
  Eighth Regular Council Meeting held on July 15, 2024

• 4.Confirmation of Mayoral Appointments
  Jon Beaudry and Minami Beaudry to the Mayor's International Committee

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

• 6.Presentation
  2024 Year-to-date Budget Report and 2025 Budget Outlook by Finance Director Kaitlyn Krueger

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

HEARINGS

• 8.Hearing No. 4-24-25 pursuant to a notice published by the City Clerk, this hearing is to allow interested parties to be heard relative to amendments to various sections of the Sheboygan Municipal Code correcting various errors identified in the current zoning code (Chapter 105).

• 9.Hearing No. 5-24-25 pursuant to a notice published and letters sent by the City Clerk, this hearing is to allow interested parties to be heard relative to a proposed amendment to the City of Sheboygan’s Official Zoning Map.  The purpose of the amendment is to change the Use District Classification of property located at 3100 Superior Avenue – Parcel No. 59281631527 from Class Suburban Office (SO) to Class Suburban Office – Planned Unit Development Overlay (SO-PUD) Classification.

• 10.Hearing No. 6-24-25 pursuant to a notice published by the City Clerk, this hearing is to allow interested parties to be heard relative to the proposed Planned Unit Development (PUD) – General Development Plan (GDP) designation by Malibu Apartments, LLC to construct Malibu Apartments on Parcel No. 59281318390.

• 11.Hearing No. 7-24-25 pursuant to a notice published by the City Clerk, this hearing is to allow interested parties to be heard relative to the proposed update to the local Floodplain Zoning Ordinance.

CONSENT

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

• 13.R. O. No. 37-24-25 by Board of Water Commissioners submitting the report of the Water Utility for the second quarter of 2024.

• 14.R. C. No. 62-24-25 by Finance and Personnel Committee to whom was referred Res. No. 44-24-25 by Alderpersons Mitchell and Perrella authorizing an amendment to the 2024 budget reflecting a table of organization change for the Finance Department and Mead Public Library; recommends adopting the Resolution.

• 15.R. C. No. 61-24-25 by Public Works Committee to whom was referred Res. No. 45-24-25 by Alderpersons Dekker and Rust authorizing the appropriate City officials to enter a contract with Kleeman Mechanical, Inc., to upgrade the heating, ventilation & air conditioning (HVAC) system in the administrative building at the Wastewater Treatment Facility; recommends adopting the Resolution.

• 16.R. C. No. 67-24-25 by Licensing, Hearings, and Public Safety Committee to whom was referred Res. No. 43-24-25 by Alderpersons Rust and La Fave authorizing entering into a professional services agreement with Angela Wessels, LLC for peer support training services for the Sheboygan Fire Department; recommends adopting the Resolution.

• 17.R. C. No. 68-24-25 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 32-24-25 by City Clerk submitting various license applications; recommends granting the applications with caveat (*).

• 18.R. C. No. 69-24-25 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 35-24-25 by City Clerk submitting various license applications; recommends granting the application.

REPORT OF OFFICERS

• 19.R. O. No. 39-24-25 by City Plan Commission to whom was referred Gen. Ord. No. 13-24-25 by Alderperson Belanger amending various articles and sections of Chapter 107 of the Municipal Code so as to make updates to the Floodplain Zoning Ordinance in order to comply with the requirements of the Department of Natural Resources; recommends adopting the Ordinance.

• 20.R. O. No. 46-24-25 by City Clerk submitting a permanent change of premises for the Weill Center Foundation, Inc. SUSPEND THE RULES AND GRANT THE LICENSE

• 21.R. O. No. 40-24-25 by City Plan Commission to whom was referred Gen. Ord. No. 12-24-25 by Alderperson Ramey and R. O. No. 33-24-25 by City Clerk submitting an application to amend the City of Sheboygan Official Zoning Map of the Sheboygan Zoning Ordinance to change the Use District Classification of property located at 3100 Superior Avenue from Class Suburban Office (SO) to Class Suburban Office – Planned Unit Development Overlay (SO-PUD) Classification; recommends filing the R. O. and adopting the Ordinance.

• 22.R. O. No. 43-24-25 by City Clerk submitting various license applications. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

• 23.R. O. No. 36-24-25 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 April 1, 2024 and ending June 30, 2024. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

• 24.R. O. No. 38-24-25 by Fire Chief Eric Montellano pursuant to section 24-459 of the Municipal Code, submitting the quarterly report showing the Benchmark Measurements for the fire department, for the period commencing April 1, 2024 and ending June 30, 2024. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

• 25.R. O. No. 41-24-25 by Comptroller Evan Grossen pursuant to Sheboygan Municipal Code § 2-912(b), which requires the comptroller to file with the common council, not less than monthly, a list of the claims approved, showing the date paid, the name of the claimant, the purpose and the amount, the attached list of paid vouchers for June 2024 is being provided. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 26.R. O. No. 42-24-25 by City Clerk submitting a Summons and Complain in the matter of Shirley Winkleman vs. Sheboygan Police Department. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 27.R. O. No. 45-24-25 by Human Resources & Labor Relations Director Kelly Hendee submitting an exit interview report for Quarter 2 for the City of Sheboygan. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 28.R. O. No. 44-24-25 by City Clerk submitting a claim from Cheyanne Pelzek for alleged damages to vehicle from road construction. REFER TO FINANCE AND PERSONNEL COMMITTEE

RESOLUTIONS

• 29.Res. No. 52-24-25 by Alderpersons Mitchell and Perrella authorizing the appropriate City officials to execute an Assignment of Real Property Purchase Agreement and authorizing the purchase of 930 North 8th Street (Parcel Nos. 59281106160 and 59281106190) from I&Z Properties LLC for future use by the City. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• 30.Res. No. 48-24-25 by Alderpersons Belanger and Perrella approving the General Development Plan submitted by Malibu Apartments, LLC for construction of Malibu Apartments on Parcel No. 59281318390 within a Planned Unit Development (PUD) zone. ADOPT RESOLUTION

• 31.Res. No. 49-24-25 by Alderpersons Dekker and Ramey authorizing entering into a professional services agreement with R.A. Smith, Inc. for design and engineering services for upgrades to the Uptown Parklet on St. Clair Avenue.  REFER TO PUBLIC WORKS COMMITTEE

• 32.Res. No. 53-24-25 by Alderpersons Mitchell and Perrella for inclusion under the Wisconsin Department of Employee Trust Funds’ Income Continuation Insurance Program. REFER TO FINANCE AND PERSONNEL COMMITTEE 

• 33.Res. No. 51-24-25 by Alderpersons Dekker and Ramey authorizing the appropriate City officials to enter into a contract with Ayres Associates, Inc. for the design of Pigeon River Stream Stabilization Upstream of Mill Road Bridge. REFER TO PUBLIC WORKS COMMITTEE

• 34.Res. No. 50-24-25 by Alderpersons Dekker and Ramey authorizing the appropriate City officials to enter into a contract with Ayres Associates, Inc. for the design of the New Jersey Avenue bridge rehabilitation over the Sheboygan River. REFER TO PUBLIC WORKS COMMITTEE

• 35.Res. No. 57-24-25 by Alderpersons Dekker and Ramey authorizing the appropriate City officials to enter into a contract with Buyten-Peterson Construction Company for the construction of the Wildwood Parking Lot and Kiwanis Park Improvements. REFER TO PUBLIC WORKS COMMITTEE

• 36.Res. No. 56-24-25 by Alderpersons Mitchell and Perrella authorizing the appropriate City officials to execute a Memorandum of Understanding with Weill Center Foundation, Inc. regarding the terms and understandings between the parties with regard to costs of expansion. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 37.Res. No. 55-24-25 by Alderpersons Mitchell and Perrella authorizing the purchase of Parcel No. 59281501530 adjacent to N. Commerce Street from Daniel R. Cimarosti, Susan M. Cimarosti, and Jonathan D. Cimarosti for future use by the City. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 38.Res. No. 54-24-25 by Alderpersons Mitchell and Perrella authorizing the purchase of Parcel No. 59281501655 adjacent to Pennsylvania Avenue from PBRK, LLP for future use by the City. REFER TO FINANCE AND PERSONNEL COMMITTEE

REPORT OF COMMITTEES

• 39.R. C. No. 63-24-25 by Finance and Personnel Committee to whom was referred Direct Referral Res. No. 46-24-25 by Alderpersons Mitchell and Perrella authorizing a contract between the City of Sheboygan and Tyler Technologies, Inc. for purchase and implementation of Advanced Scheduling and Time & Attendance software programs; recommends adopting the Resolution.

• 40.R. C. No. 64-24-25 by Licensing, Hearings, and Public Safety Committee to whom was referred Gen. Ord. No. 11-24-25 by Alderpersons Rust and La Fave amending section 38-59 of the Sheboygan Municipal Code so as to modify regulations pertaining to consuming intoxicating beverages in public; recommends adopting the Ordinance.

• 41.R. C. No. 65-24-25 by Licensing, Hearings, and Public Safety Committee to whom was referred Res. No. 42-24-25 by Alderpersons Rust and La Fave authorizing the creation of a temporary Designated Outdoor Refreshment Area during the 2024 Mercury Racing Midwest Challenge, August 9-11, 2024; recommends adopting the Resolution.

• 42.R. C. No. 66-24-25 by Licensing, Hearings, and Public Safety Committee to whom was referred Direct Referral Res. No. 47-24-25 by Alderpersons Rust and La Fave authorizing the Fire Chief to execute an agreement with the City of Manitowoc Fire Department allowing the City to borrow an ambulance to have as reserve for the Mercury Racing Midwest Challenge Powerboat Race event August 8-12, 2024; recommends adopting the Resolution.

• 43.R. C. No. 70-24-25 by Licensing, Hearings, and Public Safety Committee to whom was referred Direct Referral Gen. Ord. No. 14-24-25 by Alderpersons Rust and La Fave amending section 48-322 of the Sheboygan Municipal Code to remove the mandatory neighbor approval for street festival and special events permits; recommends adopting the Ordinance with amendment to include (c)(9)(c) under Sec 48-322 to read, “A list of all adults who reside or do business on the to-be-closed portion of the street and a statement that all of the identified adults have been contacted about the temporary street closure”. RECEIVE THE R. C. AND ADOPT THE SUBSTITUTE ORDINANCE

• 44.R. C. No. 71-24-25 by Licensing, Hearings, and Public Safety Committee who met on July 25, 2024 to consider a request by David A. Repinski, agent for Dave’s Who’s Inn, holder of Alcohol Beverage No. 1089, to modify voluntary conditions imposed in lieu of a hearing on revocation of said license; recommends the common council accept an amendment of the voluntary conditions agreed to be the license holder in order to avoid a hearing on revocation.

GENERAL ORDINANCES

• 45.Gen. Ord. No. 15-24-25 by Alderpersons Rust, Perrella, and Peterson amending sections 14-308 and 14-309 of the Sheboygan Municipal Code so as to allow food trailers to be food trucks. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

MATTERS LAID OVER

• 46.R. O. No. 31-24-25 by City Plan Commission to whom was referred Gen. Ord. No. 10-24-25 by Alderperson Belanger amending various sections of the Sheboygan Municipal Code so as to correct various errors identified in the current zoning code (Chapter 105); recommends 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