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PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN June 3, 2014 The Regular Meeting of the Common Council was called to order by Mayor Bruce C. Hagen at 6:30 p.m. in the Government Center, Board Room 201. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Dan Olson, Tom Fennessey, Warren Bender (via phone), Jack Sweeney, Denise McDonald, Terry Massoglia, Bob Finsland, Mike Herrick, Dennis Dalbec, Esther Dalbec - 10 Also Present: Mayor Hagen, City Attorney Prell, City Clerk Kalan 3. PROCLAMATIONS AND COMMENDATIONS4. APPROVAL OF MINUTES May 20, 2014 - Regular Council meeting MOTION by Councilor E. Dalbec, seconded by D. Dalbec and carried, to approve. 5. PUBLIC HEARINGS 5.1 Public Hearing to consider non-renewal of applicants in Part 2 of the 2014-2015 Alcohol Report: Corp Name Trade Name Address Delinquent b)Fifth St. Entertainment. High 5's on 5th St. 1310 N. 5th St. Sewer & Stormwater Personal Property c) Mencel Corp. Landmark Lanes 1914 Broadway St. Sewer & Stormwater Personal Property d)Rack Em Up, Inc. Mr Lucky's Bar & Billiards 1022 Tower Avenue Personal Property e)Tower Ave. Tavern Tower Ave. Tavern 405 Tower Avenue Sewer & Stormwater Personal Property 5.1 a) Deputy Clerk Byrnes submitted an update reporting b), c), d), and e) are all code compliant. MOTION by Councilor Bender, seconded by Fennessey and carried, to approve applicants in Part 2 of the Alcohol Report, as they are all code compliant. MOTION by Councilor E. Dalbec, seconded by Fennessey and carried, to consider item #8.1 before the Consent Agenda. 6. CONSENT AGENDA City Clerk Kalan handed out two additional items to be referred to the License and Fees Committee. MOTION by Councilor Finsland, seconded by E. Dalbec and carried, to approve the Consent Agenda as amended. Communications and Reports Received and Filed: 6.1 Duluth Transit Authority, March 26, and April 23, 2014, meeting minutes. 6.2 Planning Director Serck report on Global Retail Real Estate Convention held by RECON in Las Vegas, NV. 6.3 Police Department 2013 Annual Report. Matters Referred: Liability Claims Committee: 6.4 Claim #14-21, Amanda Plunkett Finance Committee: 6.5 Finance Director Vito is requesting to refer discussion of a formal agreement with Roger Hanson for ice sculpture services in January 2015. 6.6 Finance Director Vito is requesting to refer discussion of the 2013 Audit Report. License & Fees Committee: 6.7 Tower Avenue Tavern, Inc. 405 Tower Avenue, is requesting an Outdoor Alcohol Consumption License. 6.8 Superior Entertainment Inc., Trade Name Ugly Stick Saloon, 3303 Belknap St. is requesting an Outdoor Alcohol Consumption License. 6.9 Superior Sands, LLC, Trade Name Superior Sands, 69 N. 28th St. Suite 50, is requesting an Outdoor Alcohol Consumption License. **Handed out - to be referred to License & Fees Committee: Sidewalk Café License applications: a) Kurtz's Twin Ports Subs (Erbert & Gerbert's) 1325 Tower Avenue; and b)Dandrea WI, Inc., (Tavern 1201, aka VIP), 1201 Tower Avenue 6.10 Plan Commission: Jeff Foster Trucking requesting to vacate the alley located on Block 117, Roy's Addition to the City of Superior. Standing Committee Reports Approved: 6.11 Human Resources Committee, May 19, 2014 3. Approve the revised policies with noted changes: A) Disciplinary Actions Policy #16.01 - Clarification of steps & representation C) Salary & Benefit Policy Non-Union Employees (Handbook) - Corrections only, no changes to current practice. 4. Approve the Public Works Street & Parks Division Reorganization. 5. Approve the Landfill Staff Adjusted Holiday Hours. 6. Receive and file the April Personnel Report. 6.12 Plan Commission, May 21, 2014 1. Approve Ron Gustafson's final plat of Spartan Circle. 2. Approve the Project Area Plan and Designation of Boundaries of Project Area E. 8th St. Single Family Housing Project. 3. Approve Pete Paine's request to rezone property from SUB, Suburban District to R1B, One-Family Residential District (RZ 14-03) 6.13 Public Works Committee, May 21, 2014 2. Hold in committee for further changes to Chapter 58, Garbage and Trash. 3. Hold in committee Councilor Sweeney's request for signage in the area of 22nd Avenue East and E. 11th St. Licenses Approved: City Clerk Kalan 6.14 Approve miscellaneous licenses. 6.15 Approve application to amend the premise of a Class B Liquor & Beer license by Barkers License, Inc., trade name Barkers Island, 300 Marina Drive, for a special event July 19, 2014. 6.16 Approve application to amend the premise of a Class B Liquor & Beer license, and One Day Cabaret by Tower Avenue Tavern, 405 Tower Avenue, for a special event June 7, 2014. 7. BUSINESS BY DEPARTMENT HEADS 7.1 Finance Director Vito is submitting the updated 2014-2019 Capital Improvement Program (CIP) Budget. Finance Director Vito gave a power point presentation of the Program and explained she is requesting to change the length of the CIP program to a rolling 5 year program. The Finance Committee will be reviewing a new Debt Policy, which will establish parameters and provide guidance in decisions involving debt. She also explained changes in major funding sources of the program. MOTION by Councilor Finsland, seconded by E. Dalbec and carried, to approve the 2015 projects; tentatively approve 2016-19, contingent upon future year's elimination of $559,000 gap; and approve changes to the 2014 budget including moving $80,000 (Fairlawn repairs) from 2015 to 2014 budget. *MOTION by Councilor Fennessey, seconded by Herrick and carried, to consider 10th order Resolutions at this time. 7.2 Planning Director Serck is submitting a request from Janna Stevens, Superior School District Administrator, to waive the approximate $4,400 permit fee for the stadium seating and storage area at the new NBC Spartan Sports Complex. MOTION by Councilor E. Dalbec, seconded by D. Dalbec and carried, to approve. 7.3 Public Works Director Goetzman recommending awarding the East 5th Street Reconstruction project to James Peterson Sons, Inc. for the low bid of $2,252,420.46. MOTION by Councilor McDonald, seconded by D. Dalbec and carried, to approve. 8.BUSINESS BY THE MAYOR 8.1 University of Wisconsin-Superior update from Chancellor Renee Wachter. (presentation) a) Chancellor Renee Wachter gave a brief presentation on their Strategic Plan, which she mentioned can be viewed online at uwsuper.edu/strategicplan. No action. 8.2 Mayor Hagen is recommending approval of the following Committee appointments: Chris Sislo and Brent Fennessey to the Plan Commission for terms ending May 2017; and John Conway to the Redevelopment Authority of the City of Superior (RACS), for a term expiring May 2018. MOTION by Councilor Bender, seconded by M. Herrick and carried, to approve. 8.3 Mayor Hagen is recommending approval to award the Classification and Compensation Study for the City of Superior to Carlson-Dettmann Consulting of Middleton, WI, in the amount of $30,000 plus travel expenses. (Tabled at the May 20, 2014 Council mtg) Mayor Hagen explained his reasons behind requesting a consultant for the study. It is Part II of a proposal he submitted to the Council in January. Due to reduction in City employees, and not in City services, some employees have taken on a number of additional duties and responsibilities without additional compensation. He wanted a neutral party to do a study to bring back to the Council. The Council will be the final action authority. Mr. Carlson, Carlson Dettmann Consulting, gave background information on his company and an overview of what they would do for this City. He wanted to make it clear that the final decision will be the Council's, no one else's. Andy Lisak, Douglas County Administrator, explained how the process worked with the Douglas County employees and felt it was very successful and stated there were no reductions in pay. Councilor Olson stated he is against spending $30,000 + for something he felt current staff and committees could do. Councilor Sweeney stated he felt it fair and more credible if a neutral party conducted the study, and felt the Human Resource Department didn't have the time or expertise. MOTION by Councilor D. Dalbec, seconded by Fennessey to approve with the understanding that no personnel compensation or benefit changes occur without council approval, carried by roll call vote: AYE - 6Fennessey, Sweeney, McDonald, Massoglia, Finsland, and D. Dalbec NO - 4Olson, Bender, Herrick, and E. Dalbec 8.4 Mayor Hagen is requesting approval of an Agreement and Facility Lease with Northwest Wisconsin Community Services Agency (NWCSA) for the Senior Center. Councilor Sweeney excused himself from the meeting for this item.Rhoda Nagorski, Senior Connections spoke in favor of an agreement with Senior Connections. Millie Rounsville, NWCSA, spoke in favor of an agreement with NWCSA. MOTION by Councilor McDonald, seconded by Fennessey and carried, to approve the agreement/lease with Northwest Wisconsin Community Services Agency (NWCSA), contingent on termination of the current lease. Councilors Sweeney and E. Dalbec abstained. 9.BUSINESS BY COUNCILORS 10.RESOLUTION 10.1 R14-13181 Initial Resolution of the City of Superior, Wisconsin relating to the issuance of General Obligation Bonds in an amount not to exceed $2,845,000 for the Street Improvement Program. a) Finance Director submitting Pre-Sale Report. MOTION by Councilor Finsland, seconded by D. Dalbec and carried, to adopt the resolution. 10.2 R14-13182 Resolution relating to the issuance and sale of General Obligation Corporate Purpose Bonds. MOTION by Councilor Bender, seconded by D. Dalbec and carried, to adopt the resolution. 10.3 R14-13183 Resolution providing for the issuance and sale of General Obligation Corporate Purpose Bonds, Series 2014A, of the City of Superior, Wisconsin. MOTION by Councilor Fennessey, seconded by D. Dalbec and carried, to adopt the resolution. 10.4 R14-13184 Resolution Approving the Project Area Plan for the City of Superior - E. 8th Street Single Family Housing Project (Project Area Plan attached ). MOTION by Councilor E. Dalbec, seconded by D. Dalbec and carried, to adopt the resolution 10.5 R14-13185 Resolution of the Common Council Authorizing the Transfer of Property Located between E. 8th and E. 9th Streets, and between 18th and 19th Avenues E. to the Redevelopment Authority of the City of Superior. MOTION by Councilor E. Dalbec, seconded by D. Dalbec and carried, to adopt the resolution. 10.6 R14-13186 Resolution setting a public hearing to July 1, 2014, 6:30 p.m. in the Government Center Board Room 201, to rezone property located between Lamborn and Weeks Avenues beginning at N. 57th Street south for approximately 250 feet from SUB, Suburban District to R1B, One-Family Residential District. (RZ 14-03 Pete Paine) MOTION by Councilor Fennessey, seconded by D. Dalbec and carried, to adopt the resolution. 10.7 R14-13187 Resolution Concerning the Wisconsin Department of Natural Resources Compliance Maintenance Annual Report (CMAR) for 2013. MOTION by Councilor E. Dalbec, seconded by D. Dalbec and carried, to adopt the resolution. 11. ORDINANCES 11.1 O14-3880 Ordinance amending City Code Chapter 112, Traffic Code, Sch J, Disabled Parking Zones by adding 1117 Cumming Ave., (both sides). MOTION by Councilor E. Dalbec, seconded by D. Dalbec and carried, to adopt the ordinance. 12. BUSINESS BY PUBLIC MOTION by Councilor E. Dalbec, seconded by D. Dalbec and carried, to adjourn meeting at 8:30 p.m. Respectfully submitted, Terri Kalan, City Clerk Superior, Wisconsin S.T. June 13, 2014 #18862 wnaxlp