Twentieth Regular Common Council Meeting Monday, January 15, 2024 06:00 PM City Hall, 3rd Floor - Council Chambers, 828 Center Avenue, Sheboygan, WI

"Life's most persistent and urgent question is, 'What are you doing for others?'" - Dr. Martin Luther King Jr.

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 20th Regular Meeting of the 2023-2024 Common Council at 6:00 PM, MONDAY, January 15, 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
  Led by Cub Scout Pack 3804

• 3.Approval of Minutes
  Nineteenth Regular Council Meeting held on January 2, 2024

• 4.Resignations
  Geralynn Leannah and Kelsey Bird from the Sheboygan Sustainable Task Force 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

CONSENT

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

• 8.R. C. No. 171-23-24 by Finance and Personnel Committee to whom was referred R. C. 213-22-23 by Finance and Personnel Committee to whom was referred 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; recommends filing the document.

• 9.R. C. No. 173-23-24 by Finance and Personnel Committee  to whom was referred R. O. No. 60-23-24 by City Clerk submitting a Summons and Complaint in the matter of Citibank, N.A. vs. The Estate of Rae R. Pape, Deceased et al; recommends filing the document.

• 10.R. C. No. 174-23-24 by Public Works Committee to whom was referred Res. No. 119-23-24 by Alderpersons Dekker and Rust authorizing the appropriate City officials to file an application with Wisconsin Emergency Management (WEM) for a Hazard Mitigation Grant Program (HMGP) to protect the wastewater infrastructure of the City of Sheboygan, specifically the sewer system interceptor; to execute documents necessary to accept grant funds; to designate the Director of Public Works as the City’s Authorized Representative; and designating $1,788,962.53 of local matching as required by the program; recommends adopting the Resolution.

• 11.R. C. No. 176-23-24 by Public Works Committee to whom was referred Res. No. 134-23-24 by Alderpersons Dekker and Rust authorizing the Purchasing Agent to issue a purchase order for a 2024 Altec Inc. high-reach bucket truck and accessories for the Department of Public Works; recommends adopting the Resolution.

• 12.R. C. No. 175-23-24 by Public Works Committee to whom was referred Res. No. 131-23-24 by Alderpersons Dekker and Rust authorizing the Purchasing Agent to issue a purchase order for a 2024 Volvo ECR145EL Crawler Excavator with Bucket and Trailer accessories for the Department of Public Works; recommends adopting the Resolution.

• 13.R. C. No. 177-23-24 by Public Works Committee to whom was referred Res. No. 136-23-24 by Alderpersons Dekker and Rust authorizing the Purchasing Agent to issue a purchase order for a 2024 Toro Groundsmaster wide-area mower and accessories for the Department of Public Works; recommends adopting the Resolution.

• 14.R. C. No. 179-23-24 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 86-23-24 by the City Clerk submitting a license application (Suma Brothers Inc.); recommends granting the application.

• 15.R. C. No. 180-23-24 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.

• 16.R. C. No. 182-23-24 by Licensing, Hearings, and Public Safety Committee to whom was referred Res. No. 132-23-24 by Alderpersons Salazar and Felde authorizing the appropriate City officials to execute the documents necessary to purchase a new Pierce Manufacturing Quint Engine for the Sheboygan Fire Department; recommends adopting the Resolution.

REPORT OF OFFICERS

• 17.R. O. No. 90-23-24 by Police Chief Chisthopher 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. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

• 18.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. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

• 19.R. O. No. 92-23-24 by City Clerk submitting a claim from Eric Bubb for alleged damages to his home from sewage water. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 20.R. O. No. 93-23-24 by City Clerk submitting a claim from Charter/Spectrum for alleged damages to their aerial facilities due to a City backhoe excavating the road. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 21.R. O. No. 94-23-24 by City Clerk submitting a claim from Harbor Winds Hotel for alleged overstatement of personal property tax. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 22.R. O. No. 95-23-24 by City Clerk submitting a Summons and Complaint in the matter of WellsFargo bank, N.A. vs. Estate of Robert W. Schultz c/o James Mulligan, Special Administrator of the Estate et al. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 23.R. O. No. 96-23-24 by City Clerk submitting a communication from Van Horn Properties of Sheboygan, LLC filing a petition for Direct Annexation by Unanimous Consent for land located in the Town of Sheboygan (1.75 acres – Parcel No. 59024351652). REFER TO CITY PLAN COMMISSION

RESOLUTIONS

• 24.Res. No. 141-23-24 by Alderpersons Dekker and Rust adopting a Marina and Riverfront Slips Fee Schedule. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• 25.Res. No. 140-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the appropriate City officials to execute the Engagement Letter with Integra Realty Resources relating to preparation of an appraisal and appraisal review services in the pending Wal-Mart Real Estate Business Trust assessment appeal litigation. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• 26.Res. No. 139-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the Finance Director to proceed with the process of rescinding the excess property tax payable by Sheboygan Outboard Club related to 2023 real estate tax for Parcel No. 59281895368P and paying the incorrect amount for tax settlement. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• 27.Res. No. 138-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the Finance Director to proceed with the process of rescinding the excess property tax payable by Harbor Pride LLC related to 2023 real estate tax for Parcel No. 59281835115P and paying the incorrect amount for tax settlement. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• 28.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. REFER TO FINANCE AND PERSONNEL COMMITTEE

• 29.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. REFER TO FINANCE AND PERSONNEL COMMITTEE 

• 30.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. REFER TO PUBLIC WORKS COMMITTEE

REPORT OF COMMITTEES

• 31.R. C. No. 172-23-24 by Finance and Personnel Committee to whom was referred Gen. Ord. No. 34-23-24 by Alderpersons Dekker and Salazar re-establishing the salary schedule for alderpersons and the mayor; recommends adopting the Ordinance. 

• 32.R. C. No. 178-23-24 by Licensing, Hearings, and Public Safety Committee to whom was referred Direct Referral Res. No. 137-23-24 by Alderpersons Salazar and Felde authorizing the appropriate City officials to accept and expend funds received from the Wisconsin Department of Justice as part of the Byrne Memorial Justice Assistance Grant (JAG) Program; recommends adopting the Resolution.

• 33.R. C. No. 181-23-24 by Licensing, Hearings, and Public Safety Committee to whom was referred Res. No. 133-23-24 by the Alderpersons Salazar and Felde authorizing application for the NAMI Wisconsin CIT and CIP Expansion Grant; recommends adopting the Resolution.

GENERAL ORDINANCES

• 34.Gen. Ord. No. 35-23-24 by Alderperson Ramey annexing territory to the City of Sheboygan, Wisconsin (Parcel # 59024351652). REFER TO CITY PLAN COMMISSION

• 35.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. REFER TO PUBLIC WORKS COMMITTEE

CLOSED SESSION

• 36.Motion to convene in closed session under the exemption provided in Sec. 19.85(1)(g), for conferring with legal counsel who is rendering oral advice concerning strategy to be adopted by the common council with respect to litigation in the following matters pending in the U.S. District Court for the Eastern District of Wisconsin: Todd Wolf v. City of Sheboygan, et al and Chad Pelishek v. City of Sheboygan, et al.

OTHER MATTERS AUTHORIZED BY LAW

ADJOURN MEETING

• 37.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