900 Quay Street

Manitowoc, WI 54220

www.manitowoc.org

City of Manitowoc

Meeting Minutes

Common Council

Monday, November 20, 2023

A. CALL TO ORDER

B. ROLL CALL

6:30 PM

Council Chambers

10 -

Alderpersons Present:

Jim Brey, Eric Sitkiewitz, Steven Czekala, Bill Schlei, Brett Vanderkin, Chad

Beeman, Michael Cummings, Tim Boldt, Todd Reckelberg and Darian Kaderabek

C. PLEDGE OF ALLEGIANCE & INVOCATION

D. PRESENTATIONS

Presentation of Valor Award to Officer Andre St. Pierre

23-0982

23-0980

City Clerk administers Oath of Office for Police Officer Bethany Johnson

followed by Badge Pinning Ceremony

City Clerk administers Oath of Office for Police Officer Andre St. Pierre followed

by Badge Pinning Ceremony

23-0981

23-0979

City Clerk administers Oath of Office for Assistant Chief of Fire Rescue

Benjamin Kraynek followed by Badge Pinning Ceremony

E. PUBLIC HEARINGS

Previously submitted public input

23-1017

23-0985

Public Hearing to be held at 6:30 p.m. for the purpose of hearing any citizen or

taxpayer on the proposed budget for the upcoming year

Mayor declared the meeting open for a public hearing on this matter.

City Clerk reported that the notice of public hearing was published on

November 5, 2023 (Proof of publication is on file in the City Clerk's Office).

No parties appeared to speak on this matter.

Mayor declared the public hearing closed. (A recording of the entire public

hearing is on file in the City Clerk's Office).

Public Hearing to be held at 6:31 p.m. for the purpose of hearing any and all

interested parties in the matter of a proposed change in zone from P-1

23-0986

Conservancy to R-5 Low Density Multiple Family for property located at Bay

Shore Drive and E. Park View Lane

Mayor declared the meeting open for a public hearing on this matter.

City Clerk reported that the notice of public hearing was published in the

Herald Times Reporter on November 6 & 13, 2023 (Proof of publication is

on file in the City Clerk's Office).

No parties appeared to speak on this matter.

Mayor declared the public hearing closed. (A recording of the entire public

hearing is on file in the City Clerk's Office).

Public Hearing to be held at 6:32 p.m. for the purpose of hearing any and all

interested parties in the matter of a proposed Conditional Use Permit located at

1111 Marshall Street for the Operation of a Transitional Housing Use

23-0987

Mayor declared the meeting open for a public hearing on this matter.

City Clerk reported that the notice of public hearing was published in the

Herald Times Reporter on November 6 & 13, 2023 (Proof of publication is

on file in the City Clerk's Office).

Jonathan DeBauch, of 1114 S 11th Street, spoke in favor of this matter.

Jonathan Neeb, of 532 N 10th Street, spoke in favor of this matter.

Terry Bosch, of 3008 Barkwood Court, spoke in favor of this matter.

Cody Richards, of 948 N 5th Street, spoke in favor of this matter.

Christma Rusch, of 115 N 10th Street, spoke in favor of this matter.

Mayor declared the public hearing closed. (A recording of the entire public

hearing is on file in the City Clerk's Office).

23-0905

PC 23-2023: Lotus Recovery Homes: Request for a Conditional Use

Permit for Transitional Housing at 1111 Marshall Street

Moved by Brey, seconded by Sitkiewitz, that this Conditional Use Permit be

approved. The motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Public Hearing to be held at 6:33 p.m. for the purpose of hearing any and all

interested parties in the matter of a proposed Conditional Use Permit located at

404/406/408 N. Lake Street for the Operation of a Transitional Housing Use

23-0988

Mayor declared the meeting open for a public hearing on this matter.

City Clerk reported that the notice of public hearing was published in the

Herald Times Reporter on November 6 & 13, 2023 (Proof of publication is

on file in the City Clerk's Office).

David Wilhelm, of 415 Chicago Street, spoke in opposition on this matter.

Sarah Becker, of 404 N Lake Street, spoke in favor of this matter.

Brianne Neeb, of 532 N 10th Street, spoke in favor of this matter.

Jonathan Neeb, of 532 N 10th Street, spoke in favor of this matter.

Kyle King, of 1111 Marshall Street, spoke in favor of this matter.

Chris Seefeldt, of 411 Saint Clair Street, spoke in favor of this matter.

Terry Bosch, of 3008 Barkwood Court, spoke in favor of this matter.

Jeff Patterson, of 414 Chicago Street, spoke in opposition on this matter.

Karen Patterson, of 414 Chicago Street, spoke in opposition on this

matter.

Don Wallace, of 426 Lake Street, spoke in opposition on this matter.

Steve Ryan, of 412 North 5th Street, spoke in opposition on this matter.

Rita Metzger, of 513 Chicago Street, spoke in opposition on this matter.

Jennifer Ledvian, of 1015 South 24th Street, spoke in opposition on this

matter.

Jodi DuPont, of 1215 Dueno Street, spoke in opposition on this matter.

Sandra Murzyn, of 1001 East Crescent Drive, spoke in opposition on this

matter.

Thomas Johnson, of 1821 North Rapids Road, spoke in opposition on this

matter.

Mayor declared the public hearing closed. (A recording of the entire public

hearing is on file in the City Clerk's Office).

23-0906

PC 24-2023: Lotus Recovery Homes: Request for a Conditional Use

Permit for Transitional Housing at 404, 406 & 408 N Lake Street

Moved by Brey, seconded by Sitkiewitz, that this Conditional Use Permit be

approved. The motion carried by the following vote:

9 -

Aye:

Nay:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Boldt, Reckelberg and

Kaderabek

1 - Cummings

Public Hearing to be held at 6:34 p.m. for the purpose of hearing any and all

interested parties in the matter of a proposed Conditional Use Permit located at

826 S. 19th Street for the Operation of a Transitional Housing Use

23-0989

Mayor declared the meeting open for a public hearing on this matter.

City Clerk reported that the notice of public hearing was published in the

Herald Times Reporter on November 6 & 13, 2023 (Proof of publication is

on file in the City Clerk's Office).

No parties appeared to speak on this matter.

Mayor declared the public hearing closed. (A recording of the entire public

hearing is on file in the City Clerk's Office).

F. PUBLIC INPUT

Mayor declared the meeting open for public input. In accordance with

policy, the public input portion of the meeting is not made a part of the

official record.

G. APPOINTMENTS AND BUSINESS PRESENTED BY THE MAYOR

Mayor makes the following appointments: Al Chizek to Committee on Aging, in

23-0977

place of R. VonDrachek, term ending 6/1/2024; Emily Longmeyer-Wolf to Crime

Prevention, in place of C. Engelbrecht, term ending 6/1/2025

Moved by Sitkiewitz, seconded by Czekala, that these Appointments be

approved. The motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

H. CONSENT AGENDA

1. Removal of Consent Agenda Items

Items 23-0934 was removed from the Consent Agenda

Approval of the Consent Agenda

Moved by Czekala, seconded by Sitkiewitz, to accept the Consent Agenda Items

and recommendations of the various committees The motion carried by the

following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

2. Miscellaneous

23-0978

Resignation from Ron VonDrachek from Committee on Aging, effective

immediately; recommending acceptance and place on file

Minutes of October 16, 2023 Common Council meeting; recommending

approval and place on file

23-0983

23-0984

23-0991

Minutes of the October 24, 2023 Common Council meeting; recommending

approval and place on file

Resignation from Brittany Boyer from Crime Prevention Committee, effective

immediately; recommending acceptance and place on file

3. Committee of the Whole (Consent)

Report of Special Events Committee relative to approval of the following events:

23-1009

Manitowoc 10k on 9/21/2024; Shelltrack on 12/16/2023; Wingz Winter Revenge

on 4/27/2024; recommending approval

4. Finance Committee (Consent)

L23-00143 - PHAJIT Claim for vehicle damage >$5,000 due to fallen tree during

23-0841

storm on 8/3/2023; recommending to deny the claim

3rd Quarter 2023 Investment Report; recommending to accept and place on file

23-0946

23-0947

3rd Quarter 2023 Budget Exceptions Report; recommending to accept and

place on file

3rd Quarter 2023 CAWG Requests Report - Revised; recommending to accept

and place on file

3rd Quarter 2023 Internal Controls to Prevent and Detect Fraud Report;

recommending to accept and place on file

L23-00115 Shaw Claim for damages >$5,000 due to storm on August 3, 2023;

recommending to deny the claim

L23-00168 Lakeshore Mall LLC/Lakeside Improvement LLC Claim >$5,000;

recommending to refer to the City Attorney's Office to authorize the City

Attorney to investigate and deny the claim at his discretion

3rd Quarter 2023 Claims Report from City Attorney's Office; recommending to

accept and place on file

23-0958

23-0959

23-0960

Tax Levy Certification from Manitowoc Public School District for Fiscal Year

2023-2024; recommending to accept and place on file

Tax Levy Certification from Lakeshore Technical College for Fiscal Year

2023-2024; recommending to accept and place on file

Fiscal Impact Process Discussion; recommending to place on file

23-0962

23-0992

General City Claims in the amount of $2,759,015.58 enumerated on list thereof,

recommending that the claims be allowed and ordered paid and Mayor, Clerk

and Finance Director/Treasurer are instructed to issue the necessary order

Report of Finance Committee to grant the various licenses subject to approvals,

inspections, insurance, payment of license fees and meeting State Statute

requirement, as detailed therein

23-1008

5. Personnel Committee (Consent)

6. Public Infrastructure Committee (Consent)

Facility Use Agreement with the Manitowoc County ADRC Senior Nutrition

Program, recommending to enter into agreement

Proposed Jurisdictional Transfer of Several County Truck Highways,

recommending placing on file

Zoo Donation Tube Funds request for annual landscaping contract 2023;

recommending to approve the request

Request for Michele Michels to Escort a Senior Center out of State Trip;

recommending approval

Report of Board of Public Works of 11/15/2023 for 3rd & final payment of

$142,438.14 to Visu Sewer, for 2023 Re-Lining Sewer Project, WU-23-7;

recommending payment

Report of Board of Public Works of 11/15/2023 for 6th & final payment of

$5,650.96 to Seiler Bros Construction, Inc, for 2023 Remove & Replace

Sidewalks, WS-23-3; recommending payment

Report of Board of Public Works of 11/15/2023 for 5th & final payment of

$6,068.15 to Philippi Quality Construction, Inc, for Lincoln Park Zoo

Renovations, WB-23-17; recommending payment

Report of Board of Public Works of 11/15/2023 for 1st & final payment of

$19,899.00 to Lakeland Landscaping, Inc, for Tree Planting for Reed Avenue

Reconstruction Project, AGMT 23-03; recommending payment

Report of Board of Public Works of 11/15/2023 for 1st & final payment of

$37,303.15 to LaForce Inc., for Lincoln Park Zoo Door Replacements,

WB-23-15; recommending payment

Report of Board of Public Works of 11/15/2023 for 11th & final payment of

$57,371.33 to Kruczek Construction, for Watermain Extension South of Viebhan

Street, WU-22-10; recommending payment

Report of Board of Public Works of 11/15/2023 for 3rd & final payment of

$4,099.15 to Highway Landscapers Inc, for 2023 Downtown Manitowoc

Streetscape Planting, WS-23-18; recommending payment

Report of Board of Public Works of 11/15/2023 for 1st & final payment of

$36,754.10 to Green Bay Pipe & TV, for 2023 Televising Miscellaneous Sewers

II, WU-23-25; recommending payment

Various Progress Invoices form the Wisconsin Department of Transportation;

recommending payment

Report of Board of Public Works of 10/25/2023, of approval for a Sidewalk

Privilege Agreement for the structure and retaining wall that are in the 4323

Conroe Street right-of-way and for City Attorney to draft an SPA, recommending

acceptance of report and place on file

23-1011

Report of Board of Public Works of 10/25/2023 of approval to repeal the noxious

weed assessment for property located at 708 Northwood Ct., recommending to

rescind the assessment

23-1012

23-1014

Report of Board of Public Works of 10/25/2023 of request rescind forestry

nuisance abatement for property at parcel 823-403-190, recommending to

rescind the assessment

7. Public Safety Committee (Consent)

Pedestrian traffic concern on South 10th Street at the intersections of Division

23-0860

Street and Columbus Street; recommending to install pedestrian signs at South

10th and Division and refer request for rapid flashing beacons to

CAWG/Finance

8. Plan Commission (Consent)

23-0908

PC 18-2021: Annual Review Connection Church; Request for a Conditional

Use Permit for the establishment of a Church and Gym/Community Center

located at 1455 North Rapids Road; recommending accept the report and

place on file

23-0909

PC 21-2023: Swetlik: Request to Purchase City Owned Property. Parcel #

000-196-040. East 55' of Lot 4, Block 196 of the Original Plat; staff

recommends proceeding with the sale of the approximate 0.06 acre parcel

with the Attorney's Office instructed to proceed with all facets of the sale

and Swetliks paying for any of the following costs: drafting of legal

descriptions, easement preparation, survey costs, recording costs and

closing costs

PC 18-2022: Annual Review Manitowoc Cooperative Ministry, First Presbyterian

Church;Conditional Use Permit for establishment of a Transitional Housing,

Warming Shelter; 502 N. 8th Street; recommending accept report and place on

file

23-0920

I. COMMITTEE REPORTS

1. Committee of the Whole

Report of Special Event Committee for the following events subject to Council

23-1010

Action: Fat Seagull Street Party on 6/29/2024-6/30/2024, 7/27/2024-7/28/2024

and 9/14/2024-9/15/2024 (Road closure of Quay Street from S 9th to S 8th from

6 a.m. Friday to 8 a.m. Monday for each event); Metro Jam on 6/14/2024

(Waiver of Alcohol in Washington Park)

Moved by Sitkiewitz, seconded by Czekala, that this Report be approved. The

motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

2. Finance Committee

General City budget of proposed 2023 levy for 2024, in the amount of

23-0928

$19,177,069 with $1,024,657 in proposed tax incremental financing

Moved by Brey, seconded by Reckelberg, that the Budget be adopted as

amended by the Finance Committee. The motion carried by the following vote:

8 - Brey, Sitkiewitz, Czekala, Schlei, Beeman, Cummings, Boldt and Kaderabek

2 - Vanderkin and Reckelberg

Aye:

Nay:

Amendment to Municipal Service Agreement between City of Manitowoc and

Progress Lakeshore

23-0950

Moved by Brey, seconded by Reckelberg, that this Agreement be approved. The

motion carried by the following vote:

9 -

Aye:

Brey, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt, Reckelberg and

Kaderabek

1 - Sitkiewitz

Abstain:

Lease between City of Manitowoc and Century 21 Aspire Group LLC for

Department of Tourism office space at 824 S. 8th St., Manitowoc, WI

23-0951

Moved by Brey, seconded by Reckelberg, that this Agreement be approved. The

motion carried by the following vote:

9 -

Aye:

Nay:

Brey, Sitkiewitz, Czekala, Schlei, Beeman, Cummings, Boldt, Reckelberg and

Kaderabek

1 - Vanderkin

Resolution to Replace the "Department of Tourism Fee Schedule" with the

"Special Event Application Fee Schedule" and Adopt Fees, Applications, and

Invoicing for 2024

23-1004

Moved by Brey, seconded by Reckelberg, that this Resolution be adopted. The

motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Tax Levy Certification from Manitowoc County for Fiscal Year 2024

23-1015

Moved by Brey, seconded by Reckelberg, that this Report be accepted and

placed on file. The motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

3. Personnel Committee

Request to Make Contingent Job Offer to Firefighter Candidates in Process of

23-0930

Obtaining Needed Certification

Moved by Schlei, seconded by Vanderkin, that this Request be approved as

written. The motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Resolution to Revise Employee Policy Manual to Accommodate New Battalion

Chief Positions and Updated Personal Appearance Language

23-1006

23-1007

Moved by Schlei, seconded by Vanderkin, that this Resolution be adopted. The

motion carried by the following vote:

10 -

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Resolution to Deviate from Employee Policy Manual Article 14: Performance

Management and Compensation, in 2024

Moved by Schlei, seconded by Vanderkin, that this Resolution be adopted. The

motion carried by the following vote:

10 -

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

4. Public Infrastructure Committee

Request for Temp Access Easement Agreement over Unimproved Right of

23-0934

Way on S 12th Street - S of Viebahn Street; recommending sending to City

Attorney to draft agreement

Moved by Czekala, seconded by Boldt, that this be sent to the City Attorney to

draft Agreement. The motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Task Order 23-01 & Amendment No. 4 to the April 11, 2013, Agreement for

Technical Services with Strand Associates for BRIC Grant Subapplication

Preparation

23-0993

Moved by Czekala, seconded by Boldt, that this Agreement be entered into. The

motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Sidewalk Privilege Agreement with EastPoint Rentals for property located at 220

N 7th St

23-0994

23-0937

Moved by Czekala, seconded by Boldt, that this Agreement be entered into. The

motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Request for Reed Avenue Zoo Entrance Landscape Project in Spring 2024

Moved by Czekala, seconded by Boldt, that this Request be approved. The

motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Sidewalk Privilege Agreement with Peaceful Valley Real Estate, LLC for Right of

Way Encroachment for 4323 Conroe St and 315 N 44th St

23-1013

Moved by Czekala, seconded by Boldt, that this Agreement be entered into. The

motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

5. Public Safety Committee

6. Plan Commission

23-0907

PC 25-2023: The Haven of Manitowoc County: Request for a Conditional

Use Permit for Transitional Housing at 826 S. 19th Street

Moved by Brey, seconded by Sitkiewitz, that this Conditional Use Permit be

approved. The motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Ordinance amending the amended zone map of the City of Manitowoc entitled:

"Zoning Ordinance of the Municipal Code of the City of Manitowoc."

23-0990

Moved by Brey, seconded by Sitkiewitz, that this Ordinance be adopted. The

motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

J. OTHER BUSINESS

K. ADJOURN

A motion was made by Sitkiewitz, seconded by Czekala, that this meeting be

adjourned at 9:03 p.m. The motion carried by the following vote:

10 -

Aye:

Brey, Sitkiewitz, Czekala, Schlei, Vanderkin, Beeman, Cummings, Boldt,

Reckelberg and Kaderabek

Mackenzie Reed

City Clerk