900 Quay Street

Manitowoc, WI 54220

www.manitowoc.org

City of Manitowoc

Meeting Minutes

Common Council

Monday, April 17, 2023

6:30 PM

Council Chambers

Note: This meeting will also be held via remote conferencing

software (Zoom)

A. CALL TO ORDER

B. ROLL CALL

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

Proclamation declaring the week of May 7th through 13th, 2023, as National

Travel and Tourism Week

23-0310

Attachments: Nat Tourism Week Proclamation 2023 - Final

Award presentation to Tom Bare for his 27 years of service to the community in

serving on the Police & Fire Commission

23-0345

E. PUBLIC HEARINGS

6:32 P.M. - Public Hearing for the purpose of hearing any and all interested

23-0308

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

C-1 Commercial for property located at 4221 Calumet Ave

Mayor declared the meeting open for a public hearing on this

matter.

City Clerk reported that the notice of the public hearing was

published in the Herald Times Reporter on April 3, 2023 and April

10, 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.)

6:34 P.M. - Public Hearing for the purpose of hearing any and all interested

parties in the matter of a proposed Conditional Use Permit located at 734 N. 8th

23-0309

Street for the Creation of a Used Car Lot pursuant to 15.270(3)a

Mayor declared the meeting open for a public hearing on this

matter.

City Clerk reported that the notice of the public hearing was

published in the Herald Times Reporter on April 3, 2023 and April

10, 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

H. CONSENT AGENDA

1. Removal of Consent Agenda Items

Items 23-0311 and 23-0263 where 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

Public Notice of an Air Pollution Control Permit Application Review for

Wisconsin Aluminum Foundry, located at 838 S 16th Street, Manitowoc, WI

54220, recommending acceptance and place on file

23-0312

Attachments: Air Pollution WAF

Public Notice of an Air Pollution Control Permit Application Review for B & B

Metals Processing Co Inc, located at 14520 Pioneer Road, Newton, WI,

recommending acceptance and place on file

23-0313

Attachments: Air Pollution B & B Metals

3. Committee of the Whole (Consent)

Report of Special Events Committee relative to approval of the following

23-0332

events: Waiver of Fees: Annual Celebration of Clients on 9/8/23; Waiver of

Fees: MYBA Draft on 4/12/23; Cares Enough to Wear Pink on 10/14/2023;

George Spoentgen Memorial Tournament on 7/15/23; Waiver of Fees: George

Spoentgen Memorial Tournament on 7/15/23; Lighthouse Tour on 7/4/23; Malt

City Brewfest on 8/5/23; Gumby's Glow Run/Walk on 7/8/23; Manitowoc Garden

Faire Extraordinaire on 6/10/23; Waiver of Fees: Lincoln HS End of Year

Celebration on 6/7/23; Cool City Car Cruise; recommending approval

Attachments: SE Acted by SE Committee

Waiver - Annual Celebration of Clients

Waiver - MYBA Draft

Cares to Wear Pink

George Spoentgen Memorial Tournament

Lighthouse Tour

Malt City Brewfest

Gumby's Glow Run-Walk

Manitowoc Garden Faire Extradordinaire

Waiver - Lincoln HS End of Year Celebration

Cool City Car Cruise

4. Finance Committee (Consent)

River Point - River Landing Townhomes recommending to approve the term

sheet as submitted

23-0191

Attachments: River Landing Term Sheet - Final

Request to increase Library Public Services Manager Credit Card Limit from

$2,000 to $5,000 recommending to approve the request

23-0274

Attachments: Email from Library Executive Director for CC Request

Request from Manitowoc County Expo/Fair entertainment pavilion purveyors to

extend live band music performances on Friday, August 25th and Saturday,

August 26th to 11:30 pm with beer sales ending at Midnight and with music

stopping at 11:00 pm on Wednesday, Thursday and Sunday with beer sales

ending at 11:30 pm recommending to approve the request

23-0275

Attachments: Fair Request Letter

L23-00075 Borchardt Claim for >$5,000 for Replacement of Leaking Water

Service recommending to refer to the City Attorney's Office

23-0276

23-0277

23-0278

Attachments: L23-00075 BORCHARDT Claim

Request for Liquor License Fee Refund - V. Golden recommending to approve

the request

Attachments: Liquor License Fee Refund Request Email

Request to void Property Tax Equivalent Agreement for 515 Expo Dr

recommending to void the contract

Attachments: Email from Community Development Director

City-Finance Committe re CVDC 03202023

Agreement - City and Custer Village

Request for exception to City EPM Travel Expectations/Expenses - Lodging for

2 Finance Dept. Employees recommending to approve the request

23-0280

Attachments: Memo Finance Dept EPM Lodging Exception Request

WGFOA Spring Conference April 2023

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

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

requirements, as detailed therein; recommending approval

23-0317

Attachments: LPI Licensing Report

23-0318

General City Claims in the amount of $2,020,095.70 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.

Attachments: Committee Report on Claims

5. Personnel Committee (Consent)

Unpaid Leave of Absence Request for Transit Employee recommending to

extend current leave until 6/5/2023

23-0238

6. Public Infrastructure Committee (Consent)

CORP Final Draft Review and Recommendation for Adoption, recommending

23-0176

adopting

Attachments:

23-0176 MEMO for DPI Committee - CORP Update Final Draft

Recomendation

23-0176 Final Draft - 2023 Manitowoc CORP Appendix

23-0176 Final Draft - 2023 Manitowoc CORP Park Specific

Recommendation Maps

23-0176 Final Draft - 2023 Manitowoc CORP

Stormwater Hydrology and Hydraulics Study Recommendation, recommending

including in the 2024 budget request

23-0181

Attachments: Stormwater Hydrology and Hyraulics Study

Stormwater Hydrology and Hydraulics Study Presentation

Request to Fund the Coastal Wetland Aviary Plan Contract of $12,500 from the

Zoo Donation Tube, recommending approval

23-0264

Attachments: 23-0264 Coastal Wetland Aviary Plan funding 4.3.23

23-0264 MSA 05571029 Final Proposal (002)

Proposed Jurisdictional Transfer of CTH R from Broadway Street to CTH P

(Homestead Road), recommending working with City Attorney to finalize details

as well as Resolution

23-0266

Attachments: 23-0266 Email for Jurisdictional Transfer of N Rapids Rd

CTH R - City costs

Proposed Jurisdictional Transfer (JT) of CTH "CL" (Viebahn St) from S. 10th

Street to S. 42nd Street, recommending approval of request and to work with

City Attorney to finalize the details.

23-0281

23-0291

Attachments: 23-0281 Jurisdictional Transfer of CTH CL

Purchase three (3) 42" tables for the Social Room at the Senior Center,

recommending approval

Attachments: Senior Center table purchase memo 4.3

Senior Center table purchase funding request 4.3.23

42 table Quote #11605

Citizen Park Recreation Center Rollaire Renovation, recommending developing

a renovation plan for proposals

Attachments: Rollaire Center Improvements

Progress Invoice from WI DOT for Calumet/Washington, Project ID

39541004200 in the amount of $1,204.85 recommending payment

Attachments: WI DOT Invoice 395-0000294313

Progress Invoice from WI DOT for Calumet/Washington, Project ID

39541004200 in the amount of $3,847.98 recommending payment

Attachments: WI DOT 395-0000296512

Report of Board of Public Works of 04/05/2023 for 3rd and Final payment of

$42,569.46 to Vinton Construction Co, for S 14th Street Lift Station and Force

Main, WU-22-2, recommending payment.

Attachments: Vinton 3&F

Report of Board of Public Works of 04/05/2023 for 4th and Final payment of

$93,484.48 to Vinton Construction Co. for 2022 Asphaltic Concrete Paving II

Program, WS-22-14, recommending payment.

23-0322

23-0327

Attachments: Vinton 4&Final

Report of Board of Public Works of 4/5/23, of bids received for Red Arrow Door

Replacement, Project #WB-23-16, recommending awarding to low bidder,

Phillipi Quality Construction, Inc. in the amount of $25,543.00.

Attachments: WB-23-16

Report of Board of Public Works of 4/5/23, of bids received for Lincoln Park Zoo

Exhibit Renovations, Project #WB-23-17, recommending awarding to low

bidder, Philippi Quality Construction, Inc. in the amount of $229,767.00.

23-0328

Attachments: WB-23-17

Lincoln Park Zoo Renovation Project Memo

Report of Board of Public Works of 4/5/23, of bids received for 2023 Maritime

Dr. (10th - York St.) & York St. (7th - 10th St.) Concrete Removal, Installation of

Trees & Guards, Landscaping, Epoxy Crosswalk, Project #WB-23-18,

recommending awarding to low bidder, Highway Landscapers, Inc. in the

amount of $163,965.88.

23-0329

Attachments: WB-23-18

Report of Board of Public Works of 3/22/23, of bids received for Masonry Wall

Repair & Overhead Door Expansion at Transit Mechanic Building - Rebid,

Project #WB-23-14R, recommending awarding to low bidder, Jos. Schmitt &

Sons Construction in the amount of $106,233.00.

23-0330

Attachments: WB-23-14R

Report of Board of Public Works of final payments to contractors for

23-0331

agreements under $25,000.00; recommending acceptance and place on file

Attachments: Final Payment Report

7. Public Safety Committee (Consent)

8. Plan Commission (Consent)

23-0144

PC4-2020: Plate Enterprises; Review of a Conditional Use Permit for the

Operation of a Recycling Facility located at 1107 Franklin Street

recommending to accept and place on file a letter from Mike Plate, owner

of Plate Enterprises, notifying the City that he is closing his recycling

business which then terminates a 2020 issued Conditional Use Permit.

The Plan Commission also recommends that the Council grant Mr. Plate's

request granting him until May 31st, 2023 time to clean up the building and

process all the current materials on the site.

Attachments: 23-0144 Report to Council Plate CUP Termination

23-1044 PC Report_ M Plate CUP Annual Review_1107 Franklin

Street

Plate Closure Letter 3-20-2023

I. COMMITTEE REPORTS

Minutes of the March 20, 2023 Common Council meeting, recommending

approval and place on file

23-0311

Attachments: March Minutes

Reconsideration of Ordinance 23-0172 adopted at the March 20, 2023 Common Council meeting

Moved by Sitkiewitz, seconded by Reckelberg, that this Ordinance be

reconsidered. The motion carried by the following vote:

10 -

Aye:

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

Reckelberg and Kaderabek

Reconsideration of Ordinance 23-0172 adopted at the March 20, 2023 Common Council meeting

A motion was made by Reckelberg, seconded by Sitkiewitz, to amend the

language in Section 1(1)(a) to remove Director of Parks and Recreation or his

designee and replace with Chief of Police and Director of Public

Infrastructure or their designee and to adopt as amended. The motion

carried by the following vote:

10 -

Aye:

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

Reckelberg and Kaderabek

1. Committee of the Whole

Report of Special Event Committee recommending approval for the following

events subject to Council Action: Lincoln Graduation on 6/9/23 (Road closure of

S 9th St from Columbus St to Green St, and S 8th St south of Columbus St);

Windigo Fest on 10/6/23-10/8/23 (Waiver of sound ordinance); Lakeshore

Balloon Glow on 8/18/23 (Road closure of Quay St from 8th St to South 7th St)

23-0333

Attachments: SE Requiring Council Action

Lincoln Graduation

Windigo Fest

Lakeshore Balloon Glow

Moved by Czekala, seconded by Sitkiewitz, 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

CTH R at Conroe Street 36" CMP Culvert Crossing Quote

23-0265

Attachments: 23-0265 CTH R at Conroe - Culvert Memo

23-0265 CTH R at Conroe Street Quote and Email

Information for 23-0265

Moved by Brey, seconded by Sitkiewitz, that this Request be approved not to

exceed $32,000.00. The motion carried by the following vote:

10 -

Aye:

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

Reckelberg and Kaderabek

Request from Manitowoc Elk's Lodge 0687 for permanent extension of premise

to include the private sidewalk on the South side of the building

23-0314

Attachments: Extension of Premise - Elks Lodge sidewalk

Moved by Brey, seconded by Sitkiewitz, 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

A request from the Manitowoc Elks Lodge 0687 to extend the premise on

September 30th, 2023 to include the yard area for Octoberfest Celebration &

Live Music, Food & Beverage, Alcohol, Soda etc.

23-0315

Attachments: Extension of Premise - Elks Lodge Sept 30th

Moved by Brey, seconded by Sitkiewitz, 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

Ordinance to amend Section 3.150 of the Manitowoc Municipal Code creating a

Room Tax Commission

23-0334

Attachments: 3.150 Ord for revisions to Room Tax Commission 2023 - Final

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

3. Personnel Committee

Resolution to Hire Seasonal Employees Related to Elected Officials,

Department Heads, or Supervisory Personnel

23-0262

Attachments: Res to hire related seasonals for seasonal employment 2023.pdf

Moved by Sitkiewitz, seconded by Vanderkin, 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

Request for an Unpaid Intern in the City Attorney's Office-Summer 2023

recommending to move to approve the request

23-0263

Attachments: ACA Nycz Memo to PC re Summer Intern 2023.pdf.pdf

Unpaid Intern Atty.pdf

Moved by Sitkiewitz, seconded by Vanderkin, that this Request be approved. The

motion carried by the following vote:

9 -

Aye:

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

Kaderabek

1 - Brey

Abstain:

4. Public Infrastructure Committee

Resolution Authorizing Emergency Repairs to Storm Sewer Culvert at N.

23-0316

Rapids Rd. & Conroe St.

Attachments:

Resolution Authorizing Emergency Repairs to Storm Sewer at N.

Rapids Rd. Conroe St_

Moved by Cummings, seconded by Brey, 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

Resolution to proclaim May 13, 2023 as World Migratory Bird Day in the City of

Manitowoc

23-0323

Attachments: World Migratory Bird Day Resolution

Moved by Cummings, seconded by Brey, 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

Declaration that the emergency for the 8th Street bridge no longer exists as

declared by the Board of Public Works at the meeting of 2/20/2023

23-0324

Attachments: 23-0157

Moved by Cummings, seconded by Brey, to declare the emergency over. The

motion carried by the following vote:

10 -

Aye:

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

Reckelberg and Kaderabek

5. Public Safety Committee

An Ordinance to amend Section 10.830 of the MMC regulating bicycles and

e-bikes or electric bicycles.

23-0298

Attachments: 10.830 Ord for E-Bike Revision.DOCX

Moved by Schlei, seconded by Reckelberg, 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

Ordinance regulating unnecessary acceleration/burnouts on City streets.

23-0299

Attachments:

Ord Regulating Unnecessary Acceleration - Burnouts on City

Streets.pdf

Moved by Schlei, seconded by Reckelberg, 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

Ordinance to amend Section 10.390 of the MMC regulating parking on

Washington Street at S 8th Street

23-0325

Attachments: Ord amend parking on Washington St. at S 8th St.

Moved by Schlei, seconded by Reckelberg, 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

6. Plan Commission

23-0142

PC 8-2023: City-Initiated Amendment to the Future Land Use Map;

Property located at Calumet Avenue, Dewey Street and S. 42nd Street,

from Institutional and Public Parks & Open Space to General Business.

Attachments: 23-0142 Report to Council 4221 Calumet Ave

23-0142 PC Report 4221 Calumet Ave future land use map

Moved by Brey, seconded by Czekala, that this Action Item be approved. The

motion carried by the following vote:

10 -

Aye:

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

Reckelberg and Kaderabek

23-0234

PC 11-2023: Hubbartt; Request for a Conditional Use Permit for the

Creation of a Used Car Lot Located at 734 N. 8th Street pursuant to

15.270(3)a.

Attachments: 23-0234 Report to Council Hubbartt CUP

23-0234 PC Report Hubbartt CUP

Moved by Brey, seconded by Czekala, that this Action Item be approved. The

motion carried by the following vote:

10 -

Aye:

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

Reckelberg and Kaderabek

Ordinance to rezone property located at 4221 Calumet Avenue from P-1

Conservancy to C-1 Commercial

23-0326

Attachments: Ord to Rezone 4221 Calumet Ave

Moved by Brey, seconded by Czekala, 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

Moved by Czekala, seconded by Sitkiewitz, that this meeting be adjourned sine

die at 7:57 p.m. The motion carried by the following vote: