Eighteenth Regular Common Council Meeting Monday, December 18, 2023 06:00 PM City Hall, 3rd Floor - Council Chambers, 828 Center Avenue, Sheboygan, WI

"Warmest thoughts and best wishes for a wonderful Holiday and Happy New Year".

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 18th Regular Meeting of the 2023-2024 Common Council at 6:00 PM, MONDAY, December 18, 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
  Alderperson Felde may attend meeting remotely

• 2.Pledge of Allegiance

• 3.Approval of Minutes
  Seventeenth Regular Council Meeting held on December 4, 2023

• Seventeenth Regular Common Council Meeting Minutes Document.pdf (0.03 MB)

• 4.Resignation
  Marcus Guevara from the Mead Public Library Board of Trustees

• resign Marcos.pdf (0.15 MB)

• 5.Confirmation of Mayoral Appointments
  Katy Glodosy, Marol Testwuide, David Gass, David Haneman, Jackie Erdman, Andrew Jackus, and Ryan Sorenson to the Business Improvement District Board of Directors for the 2024-2025 Term.

• BID appointments.pdf (0.14 MB)

• 6.Confirmation of Mayoral Appointments
  Election Inspectors for all elections in 2024 and 2025

• Election Appointments.pdf (0.52 MB)

• 7.Confirmation of Mayoral Appointments
  Jim Hollister to the Mead Public Library Board of Trustees

• Appointments 12-1-2023 (002).pdf (0.09 MB)

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

• 9.Presentation
  Baker Tilly 2022 Audit Review by Michelle Walter

• Baker Tilly Presentation.pdf (1.42 MB)

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

HEARINGS

• 11.Hearing No. 5-23-24 pursuant to letter served/waived and a notice published by the City Clerk the hearing scheduled this evening is for the purpose of vacating and discontinuing the public way of a portion of South 19th Street between Union Avenue and Oakland Avenue and Oakland Avenue between South 19th Street and Union Pacific Railroad right of way.

• Hearing 5-23-24_001.pdf (1.23 MB)

• 12.Hearing No. 6-23-24 pursuant to letters sent and a notice published by the City Clerk the hearing scheduled this evening is for the purpose of changing the Land Use Classification of property located at 3021 Main Avenue - Parcel No. 59281615440 from Class Suburban Residential (SR-5) to Mixed Residential (MR-8) Classification.

• Hearing 6-23-24_001.pdf (1.63 MB)

CONSENT

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

• 14.R. O. No. 83-23-24 by Board of License Examiners submitting application for Building Contractor License already granted.

• RO 83-23-24.pdf (0.18 MB)

• 15.R. O. No. 80-23-24 by City Clerk submitting a resolution recognizing the service of Konrad Testwuide to the Mead Public Library Foundation.

• RO 80-23-24.pdf (2.59 MB)

• 16.R. C. No. 156-23-24 by Finance and Personnel Committee to whom was referred Res. No. 112-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the issuance of a refund for excess property tax payable to Sheboygan Outboard Club related to 2022 real estate tax for Parcel No. 59281895368P; recommends adopting the Resolution.

• RC 156-23-24.pdf (0.02 MB)
• Res 112-23-24.pdf (0.05 MB)

• 17.R. C. No. 157-23-24 by Finance and Personnel Committee to whom was referrred R. O. No. 39-23-24 by City Clerk submitting a claim from Timothy J. Mais for alleged damages to his vehicle; recommends filing the claim.

• RC 157-23-24.pdf (0.02 MB)
• RO 39-23-24.pdf (5.11 MB)

• 18.R. C. No. 158-23-24 by Finance and Personnel Committee to whom was referred R. O. No. 37-23-24 by City Clerk submitting a itemized claim/statement from Bee Vue; recommends filing the claim.

• RC 158-23-24.pdf (0.02 MB)
• RO 37-23-24.pdf (0.14 MB)

• 19.R. C. No. 161-23-24 by Licensing, Hearings, and Public Safety Committee to whom was referred Res. No. 115-23-24 by Alderpersons Salazar and Felde authorizing entering into a Master Services Agreement with Flock Group, Inc. for Flock Safety software products for the Sheboygan Police Department; recommends adopting the Resolution.

• RC 161-23-24.pdf (0.27 MB)
• Res. 115-23-24.pdf (0.03 MB)
• Flock Safety - SPD - Law Enforcement Agreement.pdf (0.40 MB)

• 20.R. C. No. 162-23-24 by Licensing, Hearings, and Public Safety Committee to whom was referred R. O. No. 79-23-24 by City Clerk submitting a new license application (Jake's Liquor); recommends approving the application.

• RC 162-23-24.pdf (0.25 MB)
• RO 79-23-24.pdf (0.01 MB)

• 21.R. C. No. 163-23-24 by Public Works Committee to whom was referred Res. No. 109-23-24 by Alderpersons Dekker and Rust authorizing the appropriate City officials to execute the Second Amendment to Operating Agreement Between City of Sheboygan and Power Pubs, LLC; recommends adopting the Resolution.

• rc 163-23-24.pdf (0.26 MB)
• Res 109-23-24.pdf (0.03 MB)
• 2nd amendment to biergarten agmt. - final w attachments.pdf (12.09 MB)

• 22.R. C. No. 164-23-24 by Public Works Committee to whom was referred R. O. No. 77-23-24 by City Clerk submitting a letter from Josh Sizonen asking permission to archery hunt on Parcel No. 59024342830; recommends filing the request.

• RC 164-23-24.pdf (0.25 MB)
• RO 77-23-24.pdf (0.08 MB)

REPORT OF OFFICERS

• 23.R. O. No. 82-23-24 by City Plan Commission to whom was referred R. O. No. 74-23-24 by City Clerk and Gen. Ord. No. 30-23-24 by Alderperson Felde amending the City of Sheboygan Official Zoning Map of the Sheboygan Zoning Ordinance to change the Use District Classification for property located at 3021 Main Avenue - Parcel No. 59281615440 from Class Suburban Residential (SR-5) to Mixed Residential (MR-8) Classification; recommends filing the R. O. and adopting the Ordinance.

• RO 82-23-24.pdf (0.02 MB)
• GEN ORD 30-23-24.pdf (0.07 MB)
• rezone city church.pdf (0.41 MB)
• RO74.pdf (3.01 MB)

• 24.R. O. No. 85-23-24 by City Plan Commission to whom was referred Res. No. 114-23-24 by Alderpersons Mitchell and Dekker submitting the final Resolution and order discontinuing a portion of South 19th Street between Union Avenue and Oakland Avenue and Oakland Avenue between South 19th Street and Union Pacific Railroad right of way; recommends adopting the Resolution.

• RO 85-23-24.pdf (0.22 MB)
• Res. No 114-23-24.pdf (0.21 MB)
• Exhibits A, B & C to Street Vacation Res.pdf (0.45 MB)

• 25.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. REFER TO FINANCE AND PERSONNEL COMMITTEE

• RO 81-23-24_001.pdf (2.78 MB)

• 26.R. O. No. 84-23-24 by City Clerk submitting a claim from Charter Spectrum, for alleged damages to an aerial coax caused by a backhoe. REFER TO FINANCE AND PERSONNEL COMMITTEE

• RO 84-23-24.pdf (2.17 MB)

• 27.R. O. No. 86-23-24 by City Clerk submitting a license application (Suma Brothers Inc.). REFER TO LICENSING, HEARINGS, AND PUBLIC SAFETY COMMITTEE

• RO 86-23-24.pdf (0.18 MB)

RESOLUTIONS

• 28.Res. No. 120-23-24 by Alderpersons Dekker and Salazar ratifying retaining outside legal counsel in the matter of two citations issued to Robert P. McGillis and Andrea Lee Richman currently pending in Municipal Court. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• res 120.pdf (0.35 MB)

• 29.Res. No. 118-23-24 by Alderpersons Dekker and Salazar authorizing appropriate officials from the Sheboygan Fire Department to sign a Day Meeting Contract with Blue Harbor Resort & Conference Center for the use of meeting and banquet space at Blue Harbor for an IFF Peer Support Conference hosted by the Sheboygan Fire Department on March 8 and 9, 2024.  SUSPEND THE RULES AND ADOPT THE RESOLUTION

• res 118-23-24.pdf (0.42 MB)
• Blue Harbor contract - SFD 3-08-24 conference.pdf (0.21 MB)

• 30.Res. No. 129-23-24 by Alderpersons Dekker and Salazar authorizing the City Attorney’s Office to settle the civil actions pending before the Sheboygan County Circuit Court captioned Midstate Amusement Games, LLC v. City of Sheboygan, which were consolidated as Case No. 2021-CV-000325. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• res 129-23-24.pdf (0.32 MB)
• Midstate Amusement Settlement Agreement.pdf (0.12 MB)

• 31.Res. No. 130-23-24 by Alderpersons Dekker and Salazar authorizing the purchase of Parcel No. 59281479010 located in the Sheboygan Business Center from Sheboygan WP LLC. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• RES 130-23-24.pdf (0.34 MB)
• Vacant Land OTP - Parcel 59281479010 from Sheboygan WP, LLC - 12-14-23.pdf (0.98 MB)

• 32.Res. No. 123-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing retaining outside legal counsel to do legal work for the City related to tax incremental financing. SUSPEND THE RULES AND ADOPT THE RESOLUTION

• res 123-23-24.pdf (0.32 MB)

• 33.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. REFER TO PUBLIC WORKS COMMITTEE

• res 119-23-24.pdf (0.66 MB)

• 34.Res. No. 121-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing an amendment in the 2023 budget and directing the Finance Director to transfer the Marina Fund advance from the Debt Service Fund to the General Fund. REFER TO FINANCE AND PERSONNEL COMMITTEE

• RES 121-23-24.pdf (0.39 MB)

• 35.Res. No. 122-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the City Clerk to execute all necessary documents to purchase nine (9) Badgerbook servers and thirty-six (36) Badgerbook client devices with associated equipment and authorizing the Finance Director to complete an adjustment to the 2024 budget for the purchase. REFER TO FINANCE AND PERSONNEL COMMITTEE

• res 122-23-24.pdf (0.62 MB)
• attach to Res. re electronic pollbook quotes.pdf (0.12 MB)

• 36.Res. No. 125-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing an amendment in the 2024 Marina Fund budget due to change in management structure. REFER TO FINANCE AND PERSONNEL COMMITTEE

• res 125-23-24.pdf (1.05 MB)

• 37.Res. No. 126-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing an amendment in the 2024 budget and directing the Finance Director to create a special revenue fund for the transfer of revenues and expenses to the City related to Uptown Social activities. REFER TO FINANCE AND PERSONNEL COMMITTEE

• res 126-23-24.pdf (1.56 MB)

• 38.Res. No. 127-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing entering into a Development Agreement with Partners for Community Development, Inc. and KG Development Group LLC regarding an affordable housing project to be located at the corner of North 13th Street and Erie Avenue. REFER TO FINANCE AND PERSONNEL COMMITTEE

• res 127-23-24.pdf (0.28 MB)
• Gateway Developer Agreement 12-15-23 draft.pdf (0.38 MB)

• 39.Res. No. 128-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing an amendment in the 2024 budget and obligating $3,600,000 of American Rescue Plan Act (“ARPA”) funds and $250,000 of Community Development Block Grant (“CDBG”) funds to the Gateway Apartments at North 13th Street and Erie Avenue, including parcel numbers 59281204550, 59281204560, 59281204570, and 59281204580 per the Development Agreement. REFER TO FINANCE AND PERSONNEL COMMITTEE

• REs 128-23-24.pdf (0.64 MB)
• Gateway Developer Agreement 12-15-23 draft.pdf (0.38 MB)

REPORT OF COMMITTEES

• 40.R. C. No. 154-23-24 by Finance and Personnel Committee to whom was referred Res. No. 110-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing entering into a Pre-Development Agreement with Cornerstone LLC regarding redevelopment of the Poth and Gartman Farms property on the south side of the City; recommends amending the Resolution to authorize agreement with Pelton Builders LLC and approve the revised Pre-Development Agreement attached.

• RC 154-23-24_001.pdf (0.56 MB)
• Pre Development Agreement Pelton Builders (004) - USE THIS ONE FOR 12-18 CC.pdf (0.24 MB)
• SMyrPrint124010921050.pdf (0.12 MB)

• 41.R. C. No. 155-23-24 by Finance and Personnel Committee to whom was referred Res. No. 113-23-24 by Alderpersons Mitchell and Filicky-Peneski obligating American Rescue Plan Act (ARPA) funds to pay for various eligible capital projects and authorizing the Finance Director to complete a 2024 budget amendment with associated anticipated costs; recommends amending the Resolution to change the project listing from “St. Clair Parklet” to “Downtown Parks”.

• RC 155-23-24_002.pdf (1.12 MB)
• Res. 113-23-24 amended.pdf (0.95 MB)
• ARPA Allocation.pdf (0.07 MB)
• Res 113-23-24.pdf (0.11 MB)

• 42.R. C. No. 159-23-24 by Finance and Personnel Committee to whom was referred Direct Referral Res. No. 117-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the appropriate City officials to sign the January 1, 2024 -December 31, 2026 Contract between the City of Sheboygan and Sheboygan Professional Police Officers’ Association; recommends adopting the Resolution with the attached amended agreement.

• RC 159-23-24.pdf (0.02 MB)
• DIRECT REFERRAL RESOLUTION 117-23-24 .pdf (0.38 MB)
• SPPOA 2024-2026 Original.pdf (1.57 MB)
• SPPOA 2024 - 2026 Contract DRAFT.pdf (1.07 MB)

• 43.R. C. No. 160-23-24 by Finance and Personnel Committee to whom was referred Direct Referral Res. No. 116-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing entering into a Section 125 – Flexible Benefit Plan Agreement for Service and a Business Associate Agreement with Diversified Benefits Services, Inc. regarding Section 125 – Flexible Benefit Plan services for 2024; recommends adopting the Resolution.

• RC 160-23-24.pdf (0.02 MB)
• DIRECT REFERRAL RESOLUTION 116-23-24.pdf (0.03 MB)
• Diversified Benefits FSA Agreement & Business Associate Agreement.pdf (0.46 MB)

GENERAL ORDINANCES

• 44.Gen. Ord. No. 33-23-24 by Alderpersons Mitchell and Filicky-Peneski modifying the City’s table of organization. SUSPEND THE RULES AND ADOPT THE ORDINANCE

• go 33-23-24.pdf (0.62 MB)
• SS Intern Job Discription.pdf (0.05 MB)
• Marina Manager JD.pdf (0.05 MB)
• Marina Maintenance Manager JD.pdf (0.05 MB)
• Assistant Marina Manager JD.pdf (0.05 MB)
• Marina Dock Hand JD.pdf (0.05 MB)

MATTERS LAID OVER

• 45.Res. No. 108-23-24 by Alderperson Rust officially recognizing the Farnsworth Neighborhood Association.

• Res 108-23-24.pdf (0.08 MB)

OTHER MATTERS AUTHORIZED BY LAW

CLOSED SESSION

• 46.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 opportunities, land purchases, and incentives involving potential growth of the Nemak facility in the City’s southside business park; 2) potential development, land purchase, and incentives involving redevelopment in the downtown and South Pier areas; and 3) potential use of Tax Incremental Financing involving the creation of new TID Districts within the City.

  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 a proposed settlement agreement in the matter of Frank Bernard v. Anthony “T.J.” Hamilton, et al., U.S. District Court, Eastern District of Wisconsin, Case No. 2:23-CV-00999-SCD

RECONVENE IN OPEN SESSION

• 47.Motion to reconvene in open session

• 48.Res. No. 124-23-24 by Alderpersons Mitchell and Filicky-Peneski authorizing the City Attorney’s Office to settle the matter of Frank Bernard v. Anthony “T.J.” Hamilton, et al., U.S. District Court, Eastern District of Wisconsin, Case No. 2:23-CV-00999-SCD.

• res 124-23-24.pdf (0.29 MB)
• Final Waiver and Release of All Claims - Bernard v Hamilton - USE FOR 12-18 RES..pdf (0.11 MB)

ADJOURN MEETING

• 49.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