AGENDA FOR REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN Tuesday February 2, :30 p.m. - Government Center, Board Room 201

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1 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL AGENDA FOR REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN Tuesday February 2, :30 p.m. - Government Center, Board Room PROCLAMATIONS AND COMMENDATIONS 4. APPROVAL OF MINUTES January 19, Regular Council meeting 5. PUBLIC HEARINGS 6. CONSENT AGENDA The following items may be received and filed (r/f), referred, or approved as noted, by the Council utilizing a single vote. All licenses approved are contingent upon meeting City Code requirements. There will be no separate action on these items unless a Council member requests, and the Council approves. Communications are on file in the City Clerk s office, and may be viewed in their entirety during regular office hours. 6.1 Ambulance Task Force, January 4, and 18, 2010 meeting minutes. 6.2 Douglas County Historical Society, October 16, 2009 meeting minutes. 6.3 Duluth Transit Authority, December 2, 2009 meeting minutes. 6.4 Liability Claims Committee, December 17, 2009 meeting minutes. 6.5 Metropolitan Interstate Council (MIC), December 9, 2009 meeting summary. 6.6 Urban Forestry Tree Board, January 21, 2010 notes of meeting. 6.7 Finance Director Vito requesting referral of Environmental Services presentation and preliminary 2010 budgetary information. Refer to February 16 th Cmt of Whole 6.8 SAHA request regarding renovating their parking lot. Refer to Finance Cmt 6.9 Mayor s Commission on Disabilities Chair Jamie Slack, on behalf of the District Manager of the Social Security Office, 4221 Tower Ave. requesting bus stop near the building. Refer to Planning Dept 6.10 Finance Committee, January 14, ) Approve Tourism Development Foundation December 7, 2009, meeting minutes. 3) Receive and File Environmental Services Rate Study information. 4) Receive and File Internal Auditor Activity summary. 5) Hold in committee the Animal Shelter building review. 6) Receive and file the December 2009 All Checks register. 7) Receive and file the December 2009 Financial statement Human Resources Committee, December 15, ) Approve revised Policy B, Health Plan Eligibility Requirements. 2) Receive and file November 2009, Monthly Personnel report. 1 Regular Council Meeting February 2, 2010

2 6.12 Human Resources Committee, January 18, ) Approve carryover of 2009 floating holiday hours for Officer Brian Davis. 2) Approve adding 10 floating holiday hours to Shannon Magnuson s accruals to make up her 2010 holiday hours. 5) Receive and file December 2009, Monthly Personnel report Public Works Committee, January 20, ) Hold in Committee the Traffic Calming Policy. 2) Hold in Committee the train horn issue (petition from residents of th Ave East). 3) Hold in Committee request by Councilors Bridge and Mertzig to close railroad crossings on 25 th Ave. East and E. 4 th, 6 th, & 7 th Streets. 4) Approve No Parking Between Signs near driveways at John Avenue. 5) Approve Stop sign at the intersection of 1 st Ave. East and East 7 th Street. 6) Approve a pedestrian stanchion at N. 18 th and Oakes Avenue. 7) Approve speed limit change on N. 28 th Street/18 th Avenue East, from Tower to East 2 nd St., to 25 mph Approve miscellaneous licenses. City Clerk Kalan 7. BUSINESS BY DEPARTMENT HEADS 7.1 City Attorney Prell presenting a proposed contract with the Animal Rescue Federation (ARF) for the continued use of ARF s services and management of the City s animal shelter, effective January 1, 2010 through December 31, Police Chief Peters requesting Council approval of the amended St. Louis County Mutual Aid agreement. 7.3 Police Chief Peters requesting Council award the purchase of two motorcycles to the most qualified bidder, Harley-Davidson Sport Center, Duluth, MN, for the bid amount of $37, Assistant Public Works Director Goetzman requesting to award the purchase of furniture for the Bong Airport Terminal building. 8. BUSINESS BY THE MAYOR 9. BUSINESS BY COUNCILORS 10. RESOLUTIONS 10.1 R Resolution by Councilor Bridge requesting the Common Council of the City of Superior support the preservation and protection of Wisconsin Point and surrounding area as a Superior Days issue R Resolution of the Common Council of the City of Superior Approving the Form of Notice to Lease Real Property (Fraser Shipyards, Inc. project). 2 Regular Council Meeting February 2, 2010

3 11. ORDINANCES 11.1 O Ordinance introduced by the Public Works Committee amending City Code Chapter 112, Traffic, Article VII, Schedule E, No parking in Designated Spaces, Section 2. No Parking between Signs, by adding: North and south of the driveways at John Avenue (approximately one car length, to keep a clear access to the short sidewalk) O Ordinance introduced by the Public Works Committee amending City Code Chapter 112, Traffic, Article II, Schedule A, Stops, Section 3, One and Two-Way stops, by adding: East 7 th Street at 1 st Avenue East O Ordinance introduced by the Public Works Committee amending City Code Chapter 112, Traffic Code, Article VII, Schedule O, Speed Limits by deleting the following under: 35 Miles Per Hour - (6) North 28 th Street between East 10 th Street and Hammond Avenue; and 30 Miles Per Hour (5) North 28 th Street between Hammond Ave and Tower Avenue; and adding the following under: 25 Miles Per Hour - (4) N. 28 th Street between East 10 th Street and Tower Avenue. 12. BUSINESS BY PUBLIC If you would like to speak before the Council, please sign your name on the sign-up sheet prior to the Council meeting. Due to requirements of the Wisconsin Open Meetings laws, only matters placed on this agenda may be approved by the Council at this meeting, however, citizens may address the Council regarding items which require no action. No personal attacks on individuals will be allowed, and all comments by members of the public shall be limited to three (3) minutes in length. Citizens should contact the Mayor, a Councilor, or the City Clerk to have a matter placed on a future Council agenda for consideration. **************************************************************************************************************************** Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in the public meeting process, please contact the City Clerk s Office at (715) prior to the scheduled meeting. The City will attempt to accommodate any request depending on the amount of notice received. TDD (715) **************************************************************************************************************************** In compliance with Wisconsin Open Meetings Law, this agenda was: Posted: Government Center, Court House, & Public Library, Daily Telegram, Media & mailing list notified: January 28, Regular Council Meeting February 2, 2010

4 Meeting Minutes City of Superior Ambulance Task Force January 4, :00 p.m. Room 204 Conference Room Ambulance Task Force Members Present: Warren Bender, Councilor; Steve Panger, Fire Department; Kay Johnson, Douglas County Board; Jack Sweeney, Douglas County Board; Dr. Robert Sellers, Medical; Brad Keseluk, Gold Cross Employee Ambulance Task Force Members Excused: Jean Vito, City of Superior Finance Director, Others Present: Camron Vollbrecht, Tom Lesage, Jim Rigstad, Jim Gleb, Matt Will, Dan Diamon, Les Luder, Marion Johnson, Chris Bronson, Ed Anderson, Shelly Nelson, Lee Kennedy Arthur Gil de Lamadrid. 1. Motion by member Panger, seconded by Sellers and carried, to approve the December 22, 2009 meeting minutes. 2 EMS qualifications. No action. 3. Dr. Sellers report on his meeting with Brad Keseluk No action. 4. GC Operational Plan, what they currently offer, number of calls, response times, collections No action. 5. Agenda items and plan for next meeting on Monday, January 18 th * Approval of January 4, 2010 * Ambulance service presentation/proposal by Superior Fire Department * Request for Matt Will and Chief Rigstad to be available at the February 1, 2010 meeting for presentation follow-up questions. Motion by member Panger, seconded by Johnson and carried, meeting adjourned at 5:30 p.m.

5 Ambulance Task Force Meeting January 18, :00 p.m. Government Center Boardroom #201 Members Present: Warren Bender, Brad Keseluk, Kay Johnson, Jack Sweeney, Dr. Robert Sellers, Jean Vito, Steve Panger Others Present: Eileen McDonald, Denise McDonald, Matt Will, Jim Rigstad, Les Luder, Rich Kremer, Bob Zimmerman, Jeff Vito, Tad Matheson, Andy Knutson, Chris Bronson, Shelley Nelson, Jim Gleb, Dan Diamon, Frog Prell, Ed Anderson, Dan Olson, Tom Lesage 1. Approval of January 4, 2010 meeting minutes. Jean Vito requested approval for Chris Bronson to record minutes of the Ambulance Task Force meetings. All members were in favor. 2. JV Requested the task force amend original motion of only making a recommendation if there is a unanimous decision. Request to change the motion to require a simple majority vote to determine the task force final recommendation. JS: Asked for clarification on what recommendation task force is making. JV: Reviewed the City Council s request that the duty of the task force is to research the viability of a City run ambulance service. RS: Made request that the new motion include pros and cons with the majority recommendation. Requested that ambulance service be defined as including all aspects of the current ambulance service, including service to rural Douglas County. Motion to amend the motion from the 12/22/09 meeting to state that both the pros and cons as well as a recommendation will be given to the City Council based on what the simple majority of the ad hoc committee members believe is the best option for all aspects of the ambulance service for the City of Superior and Douglas County made by Vito and seconded by Panger. All members were in favor. 3. SP Motion made to address the issue that all data requests by committee members should go through Chair Bender, reviewed by all members, and requested on behalf of the task force committee. Motion to approve data request procedure made by Panger and seconded by Johnson. All members were in favor. 4. Power Point presentation by Les Luder Superior Fire Department: WB LL KJ WB LL Q: Can BLS personnel use defibrillators? A: Yes Added that first responders in the County also carry defibrillators. Q: Would City just send an ambulance on calls? A: No would also depend on first responders to assist with lifting, stairs 1

6 BK Requested clarification on presentation slide regarding 90% of fire departments provide EMS service, stating there is clearly a difference between EMS service and ALS service provided by Gold Cross. RS Discussion on presentation slide that most populated cities have Fire Department run ambulance service taking advantage of the economies of scale. JS Q: Is response time the number one issue with ambulance service? LL A: Response time would be in the top 5 or 6 Task Force discussion on quality of service and cost. Jack Sweeney indicated he had a list of quality related questions. Suggestion made to create a quality matrix and then determine costs. JV - Referenced presentation made to City Finance Committee by Chief Rigstad on 11/12/09 which stated a tiered Paramedic Advanced Life Support Service would be provided by Superior Fire Department. Q: Requested clarification of this tiered paramedic service and how much training would be required to get employees up to paramedic certification. A: Chief Rigstad Ambulances would be staffed with one Paramedic and one EMT Basic. A second paramedic would respond in a suburban. Possibly would also send a Fire Department rig as a first responder. City would hire fully trained and certified paramedics. JV Q: Are additional small vehicles included in your budget? A: Chief Rigstad No. KJ Q: How many certified paramedics does the City currently have? Have you given consideration to County response times? Added that other volunteer fire departments have extraction equipment. A: Chief Rigstad The City currently has one certified paramedic and would have response times comparable to current service. BK Commented that ambulances dispatched from the City fire halls could not respond quicker than Gold Cross ambulance stationed in Hawthorne. First responders are important to the current system. LL Commented that this is not a jobs issue and he feels there are inadequacies with the quality of the current service stressed the importance of response times. JS Q: Are there one or two paramedics on an ambulance? LL A: Depending on grandfathering, some ambulances are required to have two paramedics on board. Current regulation require only one paramedic. SP Commented on the services and level of training the City Fire Department has in place and what they are proposing to change: Dr. Richards serves as the Fire Department medical director. EMT procedures are approved. All Fire Department staff is EMT-Basic licensed and certified in WI Fire Dept rigs carry defibrillators, respiratory support, bleeding control. Fire Dept is experienced with car extraction equipment. 2

7 Fire Dept is looking to hire fully trained and certified paramedics to staff ambulances. JS Q: Is there a commitment from the City to service the County, and would there be an ambulance stationed in Hawthorne? Would the City offer the same service as provided by Gold Cross? A: Chief Rigstad - Believes the City would commit to servicing the County. Ambulances would be stationed in the city and would possibly require some financial support from County citizens. Estimated it could cost each Douglas County resident (approx. 15,000 residents) $1.00 per month. Townships are commonly charged for ambulance service and State statutes require towns to provide or contract for ambulance service. JV - Referenced a question and answer on Chief Rigstad s 11/12/09 Finance Committee presentation Q: Could Superior offer a better service to rural Douglas County? A: The best answer here is you get what you pay for. Superior could offer the same service, even a paramedic service. The rates would be lower but a subsidy would be required. We could maintain a rural ambulance and probably offer a quicker response most of the time. An alternative could be a response from the East End Fire Station. This would increase response times east of Highway B and 53 from 10 to 15 minutes. In any event, a continued rural First Responder program would be necessary. KJ - Commented that she believed three hospitals in the Eau Claire area contribute $150,000 each to the Fire Department annual budget, and other Townships contribute $2,500 per year. Made a suggestion that the committee ask Keith Kessler (Douglas County Risk Manager) to attend the next meeting. Chief Rigstad Commented that it is customary for townships to get charged for ambulance service and we are fortunate it hasn t happened here. JV Q: If you have a service agreement with a township, the township would have to budget for that service, most likely through their tax levy. Would there also be a billing charge to a member of that township if they made a call requesting an ambulance? A: Chief Rigstad - Yes JS - Suggested the committee contact five cities similar to Superior and request information to compare Fire Department run ambulance service versus third party operated service. JV - Commented she already has some financial information from other City run ambulance services and will distribute it to the other committee members. Questions/Comments from Audience Eileen McDonald Q: If the healthcare reform bill is passed, how will it affect Medicare reimbursements? A: It is unknown at this point and depends which bill is passed. 3

8 JV - Commented that she has received information from the City of Manitowoc which indicates the Medicare reimbursement rates have been decreasing. Ed Anderson - Gave an explanation of how the Douglas County Sheriffs Dept operated the ambulance service prior to Gold Cross. Chair Bender requested the final minutes of the meeting be used to set agenda items for the February 1, 2010 meeting. Jack Sweeney to bring quality related list of questions. Kay Johnson to invite Keith Kessler to attend next meeting to discuss funding by townships and explain the roles and responsibilities of first responders. Jack Sweeney will provide Douglas County financial information from their ambulance service for the five years prior to Gold Cross. Warren Bender to request quality and response time standards from Brian Litza (sp?). Steve Panger requested a list of questions for Gold Cross be reviewed and submitted on behalf of the task force committee to Brad Keseluk and Matt Will. Task Force Committee requested Chief Rigstad bring forward a financial proposal for Fire Department ambulance service. Jean Vito to bring forward survey of seven Wisconsin communities with Fire Department run ambulance service. Discussion on whether members of City of Duluth task force should be asked to attend next meeting. The scope of both task forces are different. Duluth s focus is on quality and a recommendation is due on February 21, Discussion on whether it would benefit the City of Superior task force to tour the Douglas County Communication Center. Motion was made by Vito and seconded by Panger to adjourn. Approximately 5:40 p.m. 4

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16 PROCEEDINGS OF THE LIABILITY CLAIMS COMMITTEE MEETING CITY OF SUPERIOR December 17, 2009 ROLL CALL Members present: Members absent: Staff Present: Staff excused: Michael Hood, Charlie Correll, Sherri Freeman, and John Vaski Chad Matushak City Attorney Frog Prell and Legal Assistant Heather Constant Finance Director Jean Vito and Human Resources Administrator Cammi Koneczny There being a quorum present, the meeting was called to order and the following items were discussed: MOTION by Correll, seconded by Hood to approve minutes of the November 19, 2009 meeting. Motion passes. MOTION by Correll, seconded by Hood to move into closed session under Wis. Stats (g) at 5:05 p.m. Motion passes. 5:06 reconvene into open session. Claimant Brandon Bacheldor and Benjamin Kall, Sr. speak to Bacheldor s claim # Reconvene into closed session 5:15 p.m. 5:16 p.m. reconvene into open session. Claimant David Wicklund speaks to his claim, # Reconvene into closed session 5:30 p.m. Wis. Stat (g) Exemptions (1) Any meeting of a governmental body, upon motion duly made and carried, may be convened in closed session under one or more of the exemptions provided in this section. The motion shall be carried by a majority vote in such manner that the vote of each member is ascertained and recorded in the minutes. No motion to convene in may be adopted unless the chief presiding officer announces to those present at the meeting at which such motion is made, the nature of the business to be considered at such closed session, and the specific exemption or exemptions under this subsection by which such closed session is claimed to be authorized. Such announcement shall become part of the record of the meeting. No business may be taken up at any closed session except that which relates to matters contained in the chief presiding officer s announcement of the closed session. A closed may held for any of the following purposes: (g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.

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25 URBAN FORESTRY TREE BOARD Thursday, January 21, 2010 Board Conference Room 204, Government Center Members Present: Mike Herrick, Mary Kehoe, and Hugo Salmi Excused: Scott Carlson, Ella Cross and Gary Foix 4:40 p.m. As there wasn't a quorum, Councilor Olson presented his referral to the members who were present for their information. 1. Referral from Councilor Olson that the City participate in the National Worker's Memorial Holiday honoring workers killed in the line of duty and fallen soldiers by planting a tree (Tribute Tree). Councilor Olson would like the Tree Board to purchase and plant a tree for the Worker's Memorial Holiday, which is held yearly on April 28. Currently, Duluth celebrates the holiday with a tree planting at the Labor Temple each year and is sponsored by the United Way. Councilor Olson would like to start a program similar to this in Superior, by planting a tree near the Vrooman family home in honor of Staff Sgt. Jeremy Vrooman who was killed in Iraq last year. If the City chooses to participate in this holiday, Councilor Olson said he will contact businesses such as Dan's Feed Bin, Pederson Gardens and Landscapes, and Missinne Greenhouse & Landscape Inc. for future tree donations. He will also contact the United Way of Superior for future partnership of the holiday. Other businesses suggested for support were Enbridge and Murphy Oil (Murphy Oil is currently a huge sponsor for our Tribute Tree Program). Mary Morgan asked if it would be possible to honor the holiday and plant at a later date, as April is early. Currently, the City plants bare root trees for the boulevard and Tribute Tree plantings, which need specific planting conditions; a balled and burlap tree has more of a window for planting. Councilor Olson stated he would like to hold the planting on (or during the week of) the holiday, as they do in Duluth. Mary said this tree planting could also be done as part of the City's Arbor Day observance, but it would only be for this year. Members felt it was an important idea. This item will be voted on at next month's meeting. The meeting ended at 5:00 p.m. The next Urban Forestry Tree Board meeting is scheduled for February 18, 2010, 4:30 p.m., in Room 204, Government Center. Notes submitted to the Council Meeting of February 2, UFTreeBoard/2009/Minutes/01-21Notes

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30 Finance Committee Proceedings City of Superior January 14, 2010 Members Present: Members Excused: Staff Present: Others Present: Warren Bender, Tom Bridge, Ed Anderson and Alternate Dan Olson Dan O Neill Jean Vito, Dan Zuchowski, Chris Bronson and Ruth Olson Mike Herrick, Jeff Goetzman, Dan Romans, Steve Roberts, Kevin Russeth, Jonathan Maruska and Mike Beattie Meeting was called to order by Warren Bender at 5:00 pm. 1. Approval of December 10, 2009 Finance Committee Minutes Motion was made by Tom Bridge, seconded by Dan Olson and carried to approve the December 10, 2009 minutes. 2. Tourism Foundation Development Minutes Motion was made by Tom Bridge, seconded by Dan Olson and carried to approve the Tourism Foundation Development Minutes. 3. Environmental Services Rate Study Dan Romans was present to give an update on the current environmental regulations that are driving City priorities. Motion was made by Ed Anderson, seconded by Tom Bridge and carried to receive and file this information. 4. Internal Auditor Activity Summary Internal Auditor Chris Bronson provided the Finance Committee with an update of his activities for the month of December. Motion was made by Ed Anderson, seconded by Tom Bridge and carried to receive and file the Internal Auditors report. 5. Animal Shelter Building Review Motion was made by Ed Anderson, seconded by Tom Bridge and carried to hold in committee until the next finance committee meeting in February. 6. All Checks Register December 2009 Motion was made by Ed Anderson, seconded by Tom Bridge and carried to receive and file the All Checks Register for December December 2009 Financial Statements

31 Motion was made by Ed Anderson, seconded by Tom Bridge and carried to receive and file the December 2009 Financial Statements. 8. General Financial Overview and Other Financial Issues Having no other business a motion to adjourn at 6:45 pm was made by Ed Anderson, seconded by Tom Bridge and carried. Respectfully Submitted by Ruth Olson Staff Assistant to Finance

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45 PUBLIC WORKS COMMITTEE PROCEEDINGS Wednesday, January 20, 2010 Government Center Board Room 201 Members Present: Ed Anderson, Esther Dalbec (Alt.), Bob Finsland, Jeff Goetzman, and Mick MacKenzie Also Present: Sgt. Nicholas Alexander, Annie and Sandy Archambeau, Warren Bender, Kelli Farrell, Chuck Hendry, Richard Jacobson, Sgt. Mark McGillis, and Dan Romans Chair Ed Anderson called the meeting to order at 4:00 p.m. Approval of December 16, 2009, minutes. MOTION by Bob Finsland, seconded by Mick MacKenzie, and carried to approve the Public Works Committee minutes of December 16, Held in committee from : Councilor Anderson: Discussion on Traffic Calming Policy/Complete the Streets program. MOTION by Bob Finsland, seconded by Mick MacKenzie, and carried to hold in committee. 2. Held in committee from : Concerns regarding train horns. MOTION by Bob Finsland, seconded by Mick MacKenzie, and carried to hold in committee. 3. Held in committee from : Request from Councilors Bridge and Mertzig to consider closing railroad crossings on 25th Avenue East and East 4th, 6th, and 7th Streets. MOTION by Mick MacKenzie, seconded by Bob Finsland, and carried to hold in committee. 4. Request from Councilor Finsland for appropriate signage to prevent parked cars from blocking the short sidewalk between the public sidewalk and John Avenue across from the two driveways to the parking lot located at the corner of North 17th Street and John Avenue. The sidewalk is across from Concordia Lutheran Church. They have two entrances/exits from their parking lot, with a short piece of sidewalk from the public sidewalk to John Avenue that is routinely blocked by cars, requiring people to walk in the entrances/exits. It was suggested to place signage stating "No Parking Between Signs" from the edge of each of the driveways to keep the sidewalk area open. Richard Jacobson spoke regarding the issue and said the congregation would like signage placed so that people can use the sidewalk. MOTION by Mick MacKenzie, seconded by Bob Finsland, and carried to place signage for "No Parking Between Signs" to the north and south of the driveways for approximately one car length (to keep access to the short sidewalk clear at John Avenue). 5. Request from Councilor Anderson to consider installing a stop sign at the intersection of 1st Avenue East and East 7th Street. Sgt. Nicholas Alexander spoke regarding the issue. This area is a few feet off Belknap onto East 7th. It is an uncontrolled intersection, and Sgt. Alexander feels there should be some control there, as it is a traffic hazard. Members felt this would be an appropriate use of a stop sign to determine the right-of-way. MOTION by Bob Finsland, seconded by Mick MacKenzie, and carried to place a stop sign at the intersection of First Avenue East and East 7th Street.

46 Public Works Committee Proceedings Page 2 January 20, 2010, Meeting 6. Request from Councilor Hendry for installation of stop signs on Oakes Avenue at North 18th Street. Councilor Hendry received a call from the Farrells regarding the corner of 18th and Oakes near the park. The Farrells live across from the park and see heavy traffic on Oakes Avenue, often moving at fast speeds. They feel a stop sign would slow the traffic down. Ed Anderson said a stop sign would be a temporary fix; this would be part of the traffic calming issue and there should be a better way to slow the traffic in this area. Kelli Farrell spoke and said there is no signage near the park and what is there is marked with graffiti. She said cars are often going both ways at speeds of mph. There is a lot of rental property in the area, and a lot of children go to the park unattended, so drivers need to let them cross the street. It was suggested to place a pedestrian stanchion there, and Ms. Farrell said they would be willing to take care of the daily placement/removal of it. If this does not work, another means of traffic calming may be necessary. It was also suggested that it could help to paint a crosswalk to the park and to have SPD watch this area. MOTION by Mick MacKenzie, seconded by Bob Finsland, and carried to place a pedestrian stanchion at Oakes Avenue/North 18th. 7. I am requesting review of signage and speed limit along North 28th Street between Hammond Avenue and East 2nd Street. Councilor Bender met with the Archambeaus and several City officials about issues in this area (the cul de sac on 28th & Weeks). He stated that on 28th Street between Tower and Hammond Avenues, the speed limit is 25 mph (Note: Traffic Code has this portion as 30 mph) and from Hammond to East 10th, the speed is 35 mph. With all the schools in the area, Councilor Bender suggested the speed limit should be changed to 25 mph for that whole stretch. He also said there may need more of the School Speed Signs on the western end. The need for sidewalks was also expressed, as it is difficult for students like Annie Archambeau to get safely to school. Jeff Goetzman reported that the DOT said there may be some funding still available from the last project on 28th Street to place a sidewalk on the south side allowing pedestrians to get to the controlled intersection at Catlin Avenue or placement of a median toward the Weeks Avenue area. This area should be studied to come up with some recommendations to control speed and create better access to the schools. MOTION by Mick MacKenzie, seconded by Bob Finsland, and carried to change the speed limit on 28th Street/18th Avenue East from Tower Avenue to East 2nd Street to 25 mph. 8. Environmental Services rate study and future budget. Dan Romans gave a presentation providing an overview of the wastewater and stormwater utilities, including financial overview and permit requirements that drive current and future operations and capital outlay estimates. He updated the committee on current environmental regulations that are driving City priorities and what the City is doing to meet these regulations. MOTION by Mick MacKenzie, seconded by Bob Finsland, and carried, and the meeting adjourned at 5:58 p.m. The next Public Works Committee meeting is scheduled for February 17, 2010, 4:00 p.m., in Government Center Board Room 201. Minutes submitted to the Council Meeting of February 2, PublicWorksCommittee\Minutes\2010\01-20

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66 RESOLUTION # R RESOLUTION INTRODUCED BY COUNCILOR BRIDGE REQUESTING THE COMMON COUNCIL OF THE CITY OF SUPERIOR SUPPORT THE PRESERVATION AND PROTECTION OF WISCONSIN POINT AND SURROUNDING AREA AS A SUPERIOR DAYS ISSUE WHEREAS, Wisconsin Point and the surrounding public lands encompass approximately 1400 acres, has approximately 4 miles of pristine Lake Superior Beach, and almost 5 miles of Allouez Bay Shoreline; and WHEREAS, this area provides many recreational opportunities some of which are swimming, boating, fishing, and ice fishing, waterfowl hunting, hiking, biking, bird watching, and wildlife viewing; and WHEREAS, many groups are interested in protecting this area for the long term, including the people of the city of Superior, the Fond Du Lac band of Lake Superior Chippewa, Douglas County, The University of Wisconsin; and WHEREAS, this area endures a great deal of abuse including but not limited to illegal dumping, litter, broken glass on the beach, tree vandalism, vehicle vandalism, thefts, sign destruction and; WHEREAS, the City of Superior does not possess the resources to properly protect and preserve this valuable resource; and THEREFORE BE IT RESOLVED, the Common Council of the City of Superior endorses as an issue for Superior Days, the discussion with State agencies for assistance with the preservation and protection of Wisconsin Point area. Passed and adopted this 2 nd day of February, Approved this 2 nd day of February, Attest: Mayor City Clerk

67 Alderperson introduced the following resolution and moved its adoption: RESOLUTION #R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SUPERIOR, WISCONSIN APPROVING THE FORM OF NOTICE TO LEASE REAL PROPERTY (FRASER SHIPYARDS, INC. PROJECT) WHEREAS, representatives of the City of Superior, Wisconsin (the City ) have been negotiating with Fraser Shipyards, Inc., a Wisconsin corporation (the Company ), regarding the improvements to a dock wall, the terms of which are set forth in a proposed Development Agreement between the City and the Company; and WHEREAS, at the request of the Company, the City has applied to the Wisconsin Department of Transportation (the WisDOT ) for a Harbor Assistance Program Grant for a portion of the funding for the Dock Wall Improvements (as defined in the proposed Development Agreement) and the City has received approval of a Harbor Assistance Program Grant in the maximum amount of $3,722,636 (the State Grant ) subject to the requirements set forth in the proposed Grant Agreement between the City and the WisDOT for the Dock Wall Improvements; and WHEREAS, pursuant to the proposed Development Agreement and Grant Agreement, the Company, or its affiliate company, would lease the Dock Wall Property (as defined in the proposed Development Agreement) to the City; the City would construct the Dock Wall Improvements; and the City would lease the Dock Wall Property, as improved, back to the Company, or its affiliated company; and WHEREAS, the City is willing to serve as a conduit and facilitator for the State Grant and the Dock Wall Improvements, but all risks of the Project (as defined in the proposed Development Agreement), the State Grant and the Grant Agreement shall be borne by and shall be the responsibility of the Company and not the City; and WHEREAS, pursuant to Sec of the City Ordinance, the City cannot lease Cityowned property without the publication of a Class 3 Notice, as defined by Wisconsin Statutes, Section (the Act ). NOW, THEREFORE, BE IT RESOLVED by the Common Council: 1. That the Notice to Lease Real Property (the Notice ), in substantially the form attached hereto as Exhibit A, is hereby approved. 2. That the City Clerk is authorized and directed to cause the Notice to be published in The Superior Telegram in accordance with the Act.

68 Adopted: February 2, Mayor ATTEST: City Clerk The motion of the adoption of the foregoing Resolution was duly seconded by Alderperson and, upon vote being taken, the following voted in favor thereof: the following voted against the same: the following were absent: whereupon, said Resolution was declared duly passed and adopted, and approved and signed by the Mayor and attested by the City Clerk. M:\DOCS\08493\000220\ROL\MF0759.DOC

69 EXHIBIT A NOTICE TO LEASE REAL PROPERTY (FRASER SHIPYARDS, INC. DOCK WALL IMPROVEMENT PROJECT) Notice is hereby given that the City of Superior, Wisconsin (the City ), is considering the lease of real property to be obtained by the City and leased to Fraser Shipyards, Inc., or its affiliated company (the Company ). Such property is located in the City of Superior, Douglas County, Wisconsin, and is a portion of the following described property: That part of Government Lots 1 and 2, Section 11, Township 49 North, Range 14 West, City of Superior Douglas County, Wisconsin describe as follows: Commencing at the Southwest Corner of said Section 11; thence South 89 degrees 04 minutes l7 seconds East (Douglas County Coordinate System Grid Bearings), along the south line of said Government Lot l, a distance of feet to the intersection with the west line of Grand Avenue; thence North 00 degrees 25 minutes 54 seconds East, along said west line, a distance of feet, thence North 40 degrees 03 minutes 14 seconds East along said west line, a distance of feet to the Point of Beginning; thence continuing North 40 degrees 03 minutes 14 seconds East, alone said west line, a distance of feet to the U.S. Harbor Line; thence South 51 degrees 20 minutes 10 seconds East along said Harbor Line, a distance of feet to a meander line of an existing concrete and steel dock wall; thence South 5 degrees 34 minutes 07 seconds East, along said meander line, a distance of feet; thence North 51 degrees 20 minutes 10 seconds West a distance of feet; thence South 48 degrees 00 minutes 08 seconds West a distance of feet thence North 51 degrees 13 minutes 18 seconds West a distance of feet thence North 33 degrees 46 minutes 05 seconds East a distance of feet thence North 51 degrees 20 minutes 10 seconds West a distance of feet the Point of Beginning. The above described property is to include the land between the meander line and the concrete and steel dock wall. The Common Council will consider the lease of real property to the Company for the purpose of increasing the transportation efficiency of the Port of Superior. A draft copy of the proposed development agreement and lease is available for public inspection and will be provided upon request at the office of the City Clerk, 1316 North 14th Street, Superior, Wisconsin, between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. All interested persons may express their views respecting the City s proposed determination. CITY OF SUPERIOR By /s/ Terri Kalan City Clerk

70 ORDINANCE #O AN ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE AMENDING CITY CODE CHAPTER 112, TRAFFIC CODE, ARTICLE VII, SCHEDULE E, NO PARKING IN DESIGNATED SPACES The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1. City Code Chapter 112, Traffic Code, Article VII, Schedule E, No Parking in Designated Spaces is hereby amended by adding the following: SECTION 2. NO PARKING BETWEEN SIGNS North and south of the driveways at John Avenue (approximately one car length, to keep a clear access to the short sidewalk) SECTION 2. Signs. The Department of Public Works is hereby authorized and directed to erect official traffic signs. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 2 nd day of February, 2010 Approved this 2 nd day of February, 2010 Attest: Mayor City Clerk

71 ORDINANCE # O AN ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE AMENDING THE CITY CODE, CHAPTER 112, TRAFFIC CODE, ARTICLE II, SCHEDULE A, STOPS. The Common Council of the City of Superior, Wisconsin does ordain as follows: SECTION 1. City Code Chapter 112, Traffic Code, Article II, Schedule A, Stops- Section 3, One and Two-Way Stops, is hereby amended by adding the following: East 7 th Street (the following stop at): 1st Avenue East SECTION 2. Signs. The Department of Public Works is hereby authorized and directed to erect official traffic signs. SECTION 3. All ordinance and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 2 nd day of February, Approved this 2 nd day of February, Attest: Mayor City Clerk

72 ORDINANCE # O AN ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE AMENDING THE CITY CODE, CHAPTER 112, TRAFFIC CODE, ARTICLE VII, SCHEDULE O, SPEED LIMITS. The Common Council of the City of Superior, Wisconsin does ordain as follows: SECTION 1. City Code Chapter 112, Traffic Code, Article VII, Schedule O, Speed Limits, is hereby amended by deleting the following under: 35 Miles Per Hour (6) North 28 th Street between East 10 th Street and Hammond Avenue SECTION 2. the following under: Schedule O, Speed Limits, of the Traffic Code, is hereby amended by deleting 30 Miles Per Hour 5) North 28 th Street between Hammond Ave and Tower Avenue SECTION 3. following under: Schedule O, Speed Limits, of the Traffic Code, is hereby amended by adding the 25 Miles Per Hour (4) North 28 th Street between East 10 th Street and Tower Avenue SECTION 4. Signs. The Department of Public Works is hereby authorized and directed to erect official traffic signs. SECTION 5. All ordinance and parts of ordinances in conflict herewith are hereby repealed. SECTION 6. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 7. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 2 nd day of February, Approved this 2 nd day of February, Attest: Mayor City Clerk