Twenty-First Regular Common Council Meeting Monday, February 07, 2022 06:00 PM City Hall, 3rd Floor - Council Chambers, 828 Center Avenue, Sheboygan, WI

"Communication works for those who work at it" - John Powell

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 2021-2022 Common Council at 6:00 PM, MONDAY, February 7, 2022 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, Laster, Mitchell, Perrella, Salazar, Savaglio, Walton may attend meeting remotely

• 2.Pledge of Allegiance
  Boy Scout Pack #3859 of St. Dominic

• 3.Approval of Minutes
  20th Regular Council Meeting held on January 17, 2022

• Jan. 17th minutes.pdf (0.52 MB)

• 4.Mayoral Appointment
  Salaseni (Sala) Sander to the Zoning Board of Appeals

• Sander appointment.pdf (0.12 MB)

• 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

• 7.Presentation
  State of the City by Mayor Ryan Sorenson

HEARINGS

• 8.Hearing No. 11-21-22 pursuant to a notice published and personal notices sent by the City Clerk, there is a hearing scheduled for this evening to amend the City's Future Land Use Map of the Sheboygan Comprehensive Plan to change the Land Use Classification of property located on Erie Avenue (Parcel #59281204550 and Parcel #59281204560) from Class Employment to Class Multi-family Residential.

• Hearing 11.pdf (1.16 MB)

• 9.Hearing No. 12-21-22 pursuant to a notice published and personal notices sent by the City Clerk, there is a hearing scheduled for this evening to amend the City of Sheboygan Official Zoning Map to change the Land Use Classification of property located on Erie Avenue (Parcel #59281204550 and Parcel #59281204560) from Class Urban Industrial (UI) to Class Urban Residential (UR-12).

• hearing 12.pdf (1.12 MB)

CONSENT

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

• 11.R. O. No. 125-21-22 by Board of License Examiners submitting an application for a Building Contractor License already granted.

• BOLE RO 125.pdf (0.10 MB)

• 12.R. C. No. 206-21-22 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 117-21-22 by Chief of Police Christopher Domagalski pursuant to section 54-65 of the Municipal Code, submitting the quarterly report showing the Benchmark Measurements for the Police Department for the period commencing October 1, 2021 and ending December 31, 2021; recommends filing the report.

• R. C. No. 206-21-22 referred RO 117-21-22.pdf (0.44 MB)

• 13.R. C. No. 207-21-22 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 118-21-22 by Fire Chief pursuant to section 50-564 of the Municipal Code, submitting the quarterly report showing the Benchmark Measurements for the Fire Department for the period commencing October 1, 2021 and ending December 31, 2021; recommends filing the report.

• ro 118.pdf (0.39 MB)

• 14.R. C. No. 209-21-22 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 120-21-22 by City Clerk submitting various license applications; recommends granting the applications.

• RO 120.pdf (0.27 MB)

• 15.R. C. No. 208-21-22 by Licensing, Hearings, and Public Safety Committee to whom was referred Res. No. 125-21-22 by Alderpersons Felde and Ackley 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.

• res 125.pdf (0.42 MB)

• 16.R. C. No. 205-21-22 by Public Works Committee to whom was referred Gen. Ord. No. 37-21-22 by Alderpersons Dekker and Perrella changing the speed limit on South 12th Street south of Carmen Avenue from 35 MPH to 25 MPH; recommends adopting the Ordinance.

• RC 205 GO 37-21-22.pdf (0.39 MB)

REPORT OF OFFICERS

• 17.R. O. No. 121-21-22 by City Clerk submitting a claim for excessive assessment from Reinhart Attorneys at Law regarding Tax Parcel No. 59281505650 (Bader State Lofts LP). REFER TO FINANCE AND PERSONNEL COMMITTEE

• EXCESSIVE ASSESSMENT BADGER STATE LOFTS.pdf (0.87 MB)

• 18.R. O. No. 122-21-22 by City Clerk submitting a claim of unlawful tax from Reinhart Attorneys at Law regarding Parcel No. 59281860858P and Parcel No. 59281860857P (Midstate Amusement Games, LLC). REFER TO FINANCE AND PERSONNEL COMMITTEE

• Unlawful Tax Midstate Amusement Games.pdf (1.12 MB)

• 19.R. O. No. 123-21-22 by Finance Director reporting that, pursuant to Res. No. 66-20-21 authorizing the City Administrator to negotiate settlement of certain claims made by the City of Sheboygan, City Invoice No. 6880, in the amount of $4,611.23, billed to Brian Dehne, regarding damage to a street light/sign located at the corner of 8th Street and Erie Avenue on April 4, 2018, has been settled with a payment to the City of Sheboygan in the amount of $4,000.00. REFER TO FINANCE AND PERSONNEL COMMITTEE

• RO 123 CLAIM DEHNE.pdf (0.36 MB)

• 20.R. O. No. 124-21-22 by City Clerk submitting various license applications. REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

• RO 124-21-22 referred liquor.pdf (0.16 MB)

RESOLUTIONS

• 21.Res. No. 126-21-22 by Alderpersons Felde and Filicky-Peneski authorizing the appropriate City officials to execute a conflict waiver letter prepared by von Briesen & Roper, s.c. regarding representation of the City of Sheboygan and Rogers Behavioral Health. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• Res 126 von Briesen.pdf (0.63 MB)
• VonBriesen.pdf (0.39 MB)

• 22.Res. No. 129-21-22 by Alderpersons Dekker and Mitchell authorizing the Mayor to execute the 2022 General Contract between Sheboygan County Health & Human Services Department and Shoreline Metro regarding transportation for elderly and disabled individuals. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• RES 129 HHS AND SHORELINE.pdf (5.27 MB)

• 23.Res. No. 127-21-22 by Alderpersons Mitchell and Filicky-Peneski authorizing the sale of City Parking Lot No. 11 located adjacent to and immediately east of 513 North 8th Street to James T. Passmore. REFER TO FINANCE AND PERSONNEL COMMITTEE

• SALE PARKING LOT PASSMORE RES. 127.pdf (4.40 MB)

• 24.Res. No. 130-21-22 by Alderpersons Mitchell and Filicky-Peneski authorizing entering into a Development Agreement with CORTA Sheboygan, LLC and NS Retail Holdings, LLC. REFER TO FINANCE AND PERSONNEL COMMITTEE

• RES 130 CORTA NS RETAIL.pdf (2.14 MB)

• 25.Res. No. 131-21-22 by Alderpersons Mitchell and Filicky-Peneski providing for the sale of approximately $2,215,000 General Obligation Promissory Notes, Series 2022A. REFER TO FINANCE AND PERSONNEL COMMITTEE

• Res 131 Bond Series 2022A.pdf (0.48 MB)

• 26.Res. No. 134-21-22 by Alderpersons Mitchell and Filicky-Peneski authorizing a budget transfer and appropriation in the 2022 budget to complete an interfund transfer between the Tax Incremental District 6 Debt Fund and the Redevelopment Authority Fund. REFER TO FINANCE AND PERSONNEL COMMITTEE

• Res 134 TID 6 debt fund.pdf (0.46 MB)

• 27.Res. No. 128-21-22 by Alderperson Perrella pursuant to Sheboygan Municipal Code §74-63(3) to permit the Winterfest Event at Fountain Park on February 26, 2022 to incorporate a fire. REFER TO PUBLIC WORKS COMMITTEE

• RES 128 FIRE WINTERFEST.pdf (0.25 MB)

• 28.Res. No. 132-21-22 by Alderpersons Dekker and Perrella authorizing the appropriate City officials to accept the temporary easement for the City to conduct maintenance activities on a drainage swale adjacent to 4812 Ferndale Court. REFER TO PUBLIC WORKS COMMITTEE

• Res 132 ferndale easement.pdf (0.66 MB)

• 29.Res. No. 133-21-22 by Alderpersons Dekker and Perrella authorizing the appropriate City officials to execute an agreement with Schichtel’s Nursery, Inc. regarding the purchase of street trees. REFER TO PUBLIC WORKS COMMITTEE

• Res 133 Schichtel Nursery.pdf (4.58 MB)

• 30.Res. No. 135-21-22 by Alderpersons Dekker and Perrella authorizing a Relocation Order in the City of Sheboygan, Sheboygan County, Wisconsin related to the Southside Sewer Interceptor. REFER TO PUBLIC WORKS COMMITTEE

• Res. 135 Relocation southside sewer.pdf (6.68 MB)

• 31.Res. No. 136-21-22 by Alderpersons Dekker and Perrella authorizing executing a one-year lease for the agricultural property in the City of Sheboygan formerly owned by John Poth, Jr. REFER TO PUBLIC WORKS COMMITTEE

• Res 136 gartman lease.pdf (0.82 MB)

• 32.Res. No. 137-21-22 by Alderpersons Mitchell and Filicky-Peneski authorizing the purchase of 5509 Moenning and vacant land located East of Moenning Road for future use by the City. REFER TO FINANCE AND PERSONNEL COMMITTEE

• Res. 137 Moenning purchase.pdf (10.00 MB)

REPORT OF COMMITTEES

• 33.R. C. No. 204-21-22 by Finance and Personnel Committee to whom was referred Charter Ordinance No. 1-21-22 by Alderpersons Felde and Filicky-Peneski (being subject to the home rule provisions of § 66.0101 of the Wisconsin Statutes) to establish the office of Director of Senior Services as a position at the department head level to permit the City Administrator to make interim appointments to fill vacancies in all department head level appointive offices where specific provisions for filling said vacancies is not otherwise provided by state law; recommends adopting the Charter Ordinance as amended. RECEIVE THE R. C. AND ADOPT THE CHARTER ORDINANCE AS AMENDED

• RC 204-21-22.pdf (2.25 MB)

GENERAL ORDINANCES

• 34.G. O. No. 38-21-22 by Alderperson Savaglio annexing territory from the Town of Sheboygan to the City of Sheboygan, Wisconsin. REFER TO CITY PLAN COMMISSION

• GO 38 annexation esslinger.pdf (1.38 MB)

MATTERS LAID OVER

• 35.R. O. No. 115-21-22 by City Plan Commission to whom was referred Gen. Ord. No. 33-21-22 by Alderperson Perrella amending the City's Future Land Use Map of the Sheboygan Comprehensive Plan to change the Land Use Classification of property located on Erie Avenue - Parcel #59281204550 and Parcel #59281204560 from Employment to Multi-Family Residential Classification; wishes to report this matter was discussed at the regular meeting of the City Plan Commission, January 11, 2022, and after due consideration, recommends receiving the R. O. and adopting the Ordinance. RECEIVE THE R. O. AND ADOPT THE ORDINANCE

• RO 115.pdf (0.67 MB)

• 36.R. O. No. 116-21-22 by City Plan Commission to whom was referred Gen. Ord. No. 34-21-22 by Alderperson Perrella and R. O. No. 111-21-22 by City Clerk amending the City of Sheboygan Official Zoning Map of the Sheboygan Zoning Ordinance to change the Use District Classification for property located on Erie Avenue – Parcel #59281204550 and Parcel #59281204560 from Class Urban Industrial (UI) to Urban Residential (UR-12) Classification; wishes to report this matter was discussed at the regular meeting of the City Plan Commission, January 11, 2022, and after due consideration, recommends filing the R. O. and adopting the Ordinance. RECEIVE THE R. O. AND ADOPT THE ORDINANCE

• RO 116.pdf (3.64 MB)

OTHER MATTERS AUTHORIZED BY LAW

• 37.Res. No. 138-21-22 by Alderpersons Mitchell and Filicky-Peneski authorizing the appropriate City Officials to execute and engagement letter with Quarles & Brady LLP to serve as bond counsel with regard to General Obligation Promissory Notes. REFER TO FINANCE AND PERSONNEL COMMITTEE

• RES 138 ENGAGEMENT QUARLES.pdf (1.98 MB)

ADJOURN MEETING

• 38.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