Common Council

900 Quay Street City of Manitowoc Manitowoc, WI 54220 www.manitowoc.org Meeting Minutes Common Council Monday, May 18, 2020 6:30 PM Council Chambers A. CALL TO ORDER B. ROLL CALL Alderpersons Present: 10 - Jim Brey, Eric Sitkiewitz, Steven Czekala, Scott McMeans, Jeremiah Novak, Todd Lotz, Courtney Hansen, Bill Schlei, Brett Vanderkin and John Brunner C. PLEDGE OF ALLEGIANCE & INVOCATION D. PRESENTATIONS 20-0483 MPU Presentation of Findings and Recommendations - Generation Resiliency Project Attachments: 2020-05-18 Generation Resiliency Project Presentation to City Council Manitowoc Public Utilities CEO & General Manager Nilaksh Kothari gave Council a presentation on the proposed Generation Resiliency Project E. PUBLIC HEARINGS 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 Justin Nickels made the following appointments to the Brownfields Advisory Committee: Rich Hoerth, David Diedrich, Karen Nichols, Mike Huck, Peter Wills, Terrance Fox, Dennis Teinor Moved by Sitkiewitz, seconded by McMeans, to approve the Mayor's appointments. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner H. CONSENT AGENDA City of Manitowoc Page 1 Common Council Meeting Minutes May 18, 2020 1. Removal of Consent Agenda Items None Approval of the Consent Agenda Moved by Sitkiewitz, seconded by McMeans, to accept the Consent Agenda Items and recommendations of the various committees The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 2. Miscellaneous 20-0477 Minutes of April 1, 2020 Common Council special meeting, recommending approval and place on file Attachments: CC Min - 4-1-2020 20-0478 Minutes of April 20, 2020 Common Council meeting, recommending acceptance and place on file. Attachments: CC Min - 4-20-2020 20-0479 Minutes of April 21, 2020 Common Council organizational session, recommending acceptance and place on file. Attachments: CC Min - 4-21-2020 20-0480 Communication from Wisconsin DNR relative to Water Main Plan and Specification Approval at water main replacements on S. 13th St., S. 29th St., Maritime Dr., Buffalo St., and York St., recommending acceptance and place on file. Attachments: DNR Water Main Communication 20-0481 Public Notice of an Air Pollution Control Permit Application Review of Ridgeview Recycling and Disposal Facility located at 6207 Hempton Lake Rd., Whitelaw, WI, recommending acceptance and place on file. Attachments: Notice of Air Pollution Control Permit App Review 3. Committee of the Whole (Consent) 4. Finance Committee (Consent) City of Manitowoc Page 2 Common Council Meeting Minutes May 18, 2020 20-0335 Request from Holy Family College for an exception to MMC 11.010(12)(c) "Class B" License Regulations regulating the Minimum Operating Requirements to be open a minimum 60 days each year for at least four hours per day, recommend to place on file. Attachments: Holy Family College Request Minimum Operating Requirements 20-0414 Request from Time Out Sports Bar & Grill, TAV-1906 for a temporary extension of premise, recommend to approve request. Attachments: Time Out Request 20-0418 Scope of Engagement relative to City of Manitowoc - Community Development Authority Bond Financing for Southfield Townhouses Project, recommend to approve. Attachments: CDA Bond Financing - Southfield Townhouses 20-0419 Request from Manitowoc County Expo/Fair entertainment pavilion purveyors to extend live band music performances on Friday, August 28 and Saturday, August 29, 2020 to 11:30 p.m. with beer sales ending at Midnight and with music stopping at 11:00 p.m. on Tuesday, Wednesday, Thursday, and Sunday and beer sales discontinuing at 11:30 p.m., recommend to approve the request. Attachments: Expo request 20-0420 Memorandum of Agreement for Weights and Measures Inspection, recommend to approve the agreement. Attachments: Memorandum of Agreement - Weights and Measures Inspection 20-0423 1st Quarter Budget Exception Report, recommend to accept and place on file. Attachments: Q1 Budget Exception Report 20-0427 Request to purchase equipment to upgrade CastNET Channel 4 Digital Signage, recommend to approve the request. Attachments: Alpha Video Quote 20-0432 Communication from Nicholas Mueller, Community Development, requesting blanket authority to solicit donations for work downtown, as outlined therein, recommend to accept communication. Attachments: 20-0432 City of Manitowoc Page 3 Common Council Meeting Minutes May 18, 2020 20-0439 MOU with County for tax collection pursuant to Act 185, recommend to enter into MOU and refer to the City Attorney to draft a resolution. Attachments: 2020-CM-8A3 Manitowoc Settlement MOU (05-01-2020 Manitowoc Co. Draft) 20-0484 General City Claims in the amount of $2,564,227.64 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: May Claims 5-8-2020 5-13-2020 5-15-2020 4-24-2020 5-1-2020 20-0514 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. Attachments: May Licenses 5. Personnel Committee (Consent) 6. Public Infrastructure Committee (Consent) 20-0343 Stormwater Management Facility Maintenance Agreement with Lakeside Foods, Inc., 1801 South 30th Street, Manitowoc, WI 54220, recommending entering into Agreement Attachments: 20-0343 Stormwater Mgmt Maintenance Agreement with Lakeside Foods.pdf 20-0406 Request for Approval to use Zoo Donation Tube Funding for Landscaping, recommending approval of donation tube funding. Attachments: Memo-Donation tube funding for Zoo Landscaping.pdf 20-0408 Reallocation of Manitou Park to Spring Street Trail Project Funding to Camp Vits Trail Head Project, recommending approval Attachments: Memo-Reallocate funds from Spring-Manitou to Camp Vits.pdf City of Manitowoc Page 4 Common Council Meeting Minutes May 18, 2020 20-0411 CAWG Request for OpenSite Designer (OSD) Configuration - Bentley Engineering Software - Survey Code Update, recommend to approve the request. Attachments: 20_01 EnvisionCAD SOW - OpenSite Designer.pdf OSD Request Unbudgeted.pdf 20-0412 Request to Install Lane Designation Pavement Markings at S. 41st and Custer St., recommend to deny and place on file. Attachments: Memo Staff Recommendations to Committee - Item #20-0412 Request to Install Lane Designation Pavement Markings at S. 41st and Custer St..pdf Copy of CUSTER ST - S 41ST ST - 2017-2020.pdf 2007 Traffic Count for S. 41st Custer St_.pdf Picture of location for S. 41st and Custer Street IMG_1813.JPG Picture #2 of location of S. 41st and Custer Street IMG_1812.JPG 20-0433 Senior Center Fee Schedule Change, recommending approval Attachments: Senior Center Excercise punch card Memo.pdf Senior Center Punch Card Policy.pdf Punch Card- 5.pdf Punch Card-10.pdf Punch Card-20.pdf 20-0435 Stormwater Management Facility Maintenance Agreement with Forest Creek LLC, 100 Maritime Drive Suite 3C., recommending to enter into the agreement Attachments: 20-0435 Stormwater Management Maintenance Agreement with Forest Creek.pdf 20-0438 Manitowoc Youth Baseball Association Updates, recommending approval and to continue to work with the MYBA with City Attorney's Office. Attachments: 20-0438 MYBA Updates.pdf 20-0438 MYBA Citizen Park Complex additions.pdf 20-0438 Map of C.P. with Proposed Additional Parking.pdf 20-0490 Report of Board of Public Works of approval to enter into AGMT-20-02 with Americas Landscape Lawn Service, LLC for grass cutting and trimming services for properties in non-compliance with City weed ordinance for a three year term at a rate of time and material, recommend acceptance and place on file. Attachments: AGMT-20-02 City of Manitowoc Page 5 Common Council Meeting Minutes May 18, 2020 20-0501 Report of Board of Public Works of 5/6/2020 of approval to enter into AGMT-20-03 with Mulch Express of Wisconsin to furnish and install certified wood chips for 15 City Playgrounds, 2 Flowerbeds and 2 Islands at S. 26th and Calumet Ave. for a contract price of $12,450.00, recommending acceptance and place on file. Attachments: AGMT-20-03 20-0502 Report of Board of Public Works of 5/6/2020 of approval to enter into AGMT-20-04 with SC Concrete for installation of 2 new storm sewer inlets in the 1100 block of N. 12th St. for a contract price of $8,354.00, recommending acceptance and place on file. Attachments: AGMT-20-04 20-0503 Report of Board of Public Works of 4/29/2020 of approval of Permanent Easement by Chad B. Neuser and Bianna L. Neuser for the sum of $2,7100 for a perpetual easement to be utilized for a permanent utility easement for storm sewer southwest of W. Crescent Drive, recommending approval. Attachments: Permanent Easement - 1030 W Crescent 20-0504 Report of Board of Public Works of 4/29/2020 of approval of Temporary Construction Easement by Chad B. Neuser and Brianna L. Neuser for the purpose of sloping, grading, restoration and operating construction equipment during the construction of a storm sewer southwest of W. Crescent Dr., recommending approval. Attachments: Temporay Construction Easement 20-0505 Progress invoices from WI Department of Transportation for Waldo Blvd project in the amounts of: $1,240.60, $1,008.10, $144,646.81, $662,207.63, recommending payment. Attachments: Progress Invoices - Waldo Blvd Project 20-0506 Report of Board of Public Works of 4/29/2020 of approval of Permanent Easement by Ralph & Susan Skarda Rev Trust dated March 1, 1994 for a permanent utility easement for storm sewer west of W. Crescent Dr, recommending approval. Attachments: Permanent Easement for 1018 W Crescent 7. Public Safety Committee (Consent) 8. Plan Commission (Consent) I. COMMITTEE REPORTS City of Manitowoc Page 6 Common Council Meeting Minutes May 18, 2020 1. Committee of the Whole 20-0379 Proposal from Boys and Girls Club for Mirro property Attachments: Offer Proposal for Mirro Site 4-2020 BG Proposal Response with Offer Moved by Sitkiewitz, seconded by McMeans, to support the Boys & Girls Club purchase of 1512 Washington St. & instruct City staff to continue to negotiate the transfer of the property and to instruct City staff to move forward with grant dollars for cleanup & structural analysis. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0473 Lakeshore Mall Tax Appeal Moved by Sitkiewitz, seconded by McMeans, to authorize City Attorney and Finance Director to enter into settlement as proposed. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0482 Proposal from Herald Times Reporter to publish Council proceedings, legal notices, display ads and ordinances, for the contract year beginning June 1, 2020. Attachments: HTR Proposal Moved by Sitkiewitz, seconded by McMeans, to approve and enter into a contract. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0516 CN Peninsula Project - Phase 2 Attachments: CN Phase 2 Cost Discussion Moved by Sitkiewitz, seconded by McMeans, to approve the funding plan and recommendation as presented. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0521 Request from Fat Seagull for extension of premise and street closure on Saturday, May 23rd from 2pm - 6pm and Sunday, May 24th from 2pm - 6pm Moved by Sitkiewitz, seconded by McMeans, that this Request be approved. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner City of Manitowoc Page 7 Common Council Meeting Minutes May 18, 2020 20-0518 Resolution authorizing staff to approve street closure requests and temporary extension of premises requests Attachments: Resolution Delegating Authority for Premises Extension and Street Closures.pdf Moved by Sitkiewitz, seconded by McMeans, that this Resolution be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0539 Resolution authorizing Mayor's actions during state of emergency Attachments: Resolution Affirming Mayoral Declaration of Emergency.pdf Moved by Brey, seconded by Novak, that this Resolution be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 2. Finance Committee 20-0538 Resolution authorizing MPU Commission to fund Generation Resiliency Project Attachments: Resolution Authorizing MPU Generation Resiliency Project.pdf Moved by Brey, seconded by McMeans, that this Resolution be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0508 Request from Green Street Food & Spirits for temporary extension of premise. Attachments: Green Street Request Moved by Brey, seconded by McMeans, that this Request be approved through September 7, 2020. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0509 Ordinance to amend Section 1.030(1) of the Municipal Code changing the location of the voting place for the First Aldermanic District to Silver Creek Fieldhouse at 3001 S. 10th Street Attachments: Request to chage D1 polling location Ordinance to Change the District 1 Polling Place Moved by Brey, seconded by McMeans, that this Ordinance be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner City of Manitowoc Page 8 Common Council Meeting Minutes May 18, 2020 20-0512 Pekarske Builders: Request for an Option and right of First Refusal for Lot 1, Block 9, Manitowoc I-43 Industrial Park Subdivision No. 3 Attachments: Pekarske Builders - Option Moved by Brey, seconded by McMeans, to approve this request with effective date being established as May 20, 2020. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0519 Request for $14,000 from the City of Manitowoc Room Tax Undesignated Reserve Fund to offset carferry dock fee for 2020 Moved by Brey, seconded by McMeans, that this Request be approved. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0520 Resolution authorizing $150,000 from the City of Manitowoc Undesignated Reserve Fund for a Small Business COVID-19 Relief Fund Attachments: Resolution to fund COVID-19 Grant Program with $150,000.pdf Moved by Brey, seconded by McMeans, that this Request be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0537 Resolution waiving interest and penalties on 2020 property tax installment payments until October 1, 2020 pursuant to Wisconsin Act 185 Attachments: Act 185 Resolution Moved by Brey, seconded by McMeans, that this Resolution be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 3. Personnel Committee 20-0511 Transit employees Agreement for 2020-2022 Attachments: Transit Agreement FINAL for Ratification 2020 (002) Moved by Czekala, seconded by Hansen, that this Agreement be entered into. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner City of Manitowoc Page 9 Common Council Meeting Minutes May 18, 2020 20-0524 Resolution to approve the agreement with Associated Financial Group as the City's Benefits Broker for years 2021 through 2023 Attachments: Resolution for AFG health insurance broker 2021 to 2023 Moved by Czekala, seconded by Hansen, that this Resolution be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0535 Service Fee Agreement with Associated Financial Group, LLC (Associated Benefits and Risk Consulting) Attachments: City of Manitowoc ABRC Benefits Consult Cnt. 2021-2023 Moved by Czekala, seconded by Hansen, that this Agreement be entered into. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0540 Resolution enacting a spending and hiring freeze for 2020 due to COVID-19 Attachments: Res COVID-19 hiring spending freeze through 12 31 2020 Moved by Czekala, seconded by Hansen, that this Resolution be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0510 Appointment of a Council member to the Bargaining Committee Moved by Czekala, seconded by Hansen, to appoint Alderman Scott McMeans to be the City Council representative on the Bargaining Committee. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 4. Public Infrastructure Committee 20-0323 Bay Pointe Recreation Trail Resolution Attachments: 20-0323 Letter of Intent for Bay Pointe Rec Trail_BayPointeDevelomentIILLC.pdf 20-0323 #2 Resolution for Bay Pointe Recreation Trail_Final_em.pdf 20-0323 #1 Site Plan_Bay Pointe Rec Trail.pdf 20-0323 Easement Docs_Bay Pointe Rec Trail.pdf 20-0323 CSM Vol. 34 Pg. 235 .pdf Moved by Novak, seconded by Hansen, that this Resolution be adopted. The motion carried by the following vote: City of Manitowoc Page 10 Common Council Meeting Minutes May 18, 2020 Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0324 Camp Vits Public Access Resolution Attachments: 20-0324 Letter of Intent for Camp Vits Public Access Project_Mazanec_Final.pdf 20-0324 #1 Resolution for Camp Vits Public Access Project_Final-em.pdf 20-0324 #2 Site Plan_Camp Vits Public Access Project.pdf 20-0324 CSM Vol 34 Pg 219. .pdf 20-0324 Letter of Intent for Camp Vits Public Access Project_Woodland Dunes.pdf 20-0324 Easement from Woodland Dunes_Camp Vits Public Access Project.pdf Moved by Novak, seconded by Hansen, that this Resolution be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0407 Resolution authorizing Manitowoc Public Utilities to apply for Safe Drinking Water Loan Program Attachments: Res authorizing MPU to apply for Safe Drinking Water Loan Program.pdf Moved by Novak, seconded by Hansen, that this Resolution be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0507 Memorandum of Understanding for Construction of a 20-foot Wide Section of Concrete Pavement on S. 18th St. for Wisconsin Aluminum Foundry Company, Inc. Attachments: WAF MOU - signed City of Manitowoc Memorandum 18th street concrete pavement 5 15 20 Rev WAF Request Exhibit A - Proposed 20 Ft. Ribbon of Concrete Pavement Photo 1 Photo 2 Photo 3 Moved by Novak, seconded by Hansen, that this Request be approved. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner City of Manitowoc Page 11 Common Council Meeting Minutes May 18, 2020 20-0523 Resolution to hire, backfill and overlap DPI Maintenance Engineer due to retirement Attachments: Res to Fill Maintenance Engineer May 2020 Moved by Novak, seconded by Hansen, that this Resolution be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0536 Access Agreement with Wisconsin Public Service Corporation (WSPC) for remedial investigation at N. 10th and Chicago St. site Attachments: WPSC Access Agreement 2020 Moved by Novak, seconded by Hansen, that this Agreement be approved. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 5. Public Safety Committee 20-0417 Ordinance to create Section 11.180 of the Municipal Code regulating Commercial Quadricycles (Pedal Pubs) Attachments: Pedal Pubs Moved by Lotz, seconded by Novak, that this Ordinance be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 20-0463 Ordinance to amend Section 10.570; 15.030; and 15.430 of the Manitowoc Municipal Code regulating Off-Street Parking and Loading. Attachments: Ord to Amend 15 Moved by Lotz, seconded by McMeans, that this Ordinance be adopted. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner 6. Plan Commission 20-0513 Resolution for the submission of a Community Development Block Grant (CDBG) Application Attachments: CDBG Close_Council Resolution Moved by Brey, seconded by Sitkiewitz, that this Resolution be adopted. The motion carried by the following vote: City of Manitowoc Page 12 Common Council Meeting Minutes May 18, 2020 Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner J. OTHER BUSINESS K. ADJOURN Moved by Sitkiewitz, seconded by McMeans, that this meeting be adjourned at 8:10 p.m. The motion carried by the following vote: Aye: 10 - Brey, Sitkiewitz, Czekala, McMeans, Novak, Lotz, Hansen, Schlei, Vanderkin and Brunner Deborah Neuser City Clerk City of Manitowoc Page 13