PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN. October 2, 2012

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1 PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN The Regular Meeting of the Common Council was called to order by Mayor Bruce Hagen at 6:30 p.m. in the Government Center, Board Room PLEDGE OF ALLEGIANCE 2. ROLL CALL Dan Olson, Tom Bridge, Warren Bender (via phone), Jackie Stenberg, Denise McDonald, Len Joyal (via phone), Bob Finsland, Mike Herrick, Mick MacKenzie, Bob Browne 10 Also Present: Mayor Hagen, City Attorney Prell, City Clerk Kalan 3. PROCLAMATIONS AND COMMENDATIONS 4. APPROVAL OF MINUTES - September 18, Regular Council meeting. MOTION by Councilor Herrick, seconded by McDonald and carried, to approve. 5. PUBLIC HEARINGS 5.1 R Resolution by the Public Works Department authorizing the following alleys to be blacktopped within the City of Superior: 1) Cumming & Baxter Avenues; and N. 13 th & 14 th Streets 2) 12 th and 13 th Avenues East; and E. 5 th St. and E. 6 th Street/N. 21 st St. E 3) Belknap & 2 nd Avenue East; and E. 3 rd & 4 th Streets Kim Culp, 1301 Baxter Avenue, stated he was neither for nor against the proposed blacktopping, but felt Douglas County should bear some of the cost to repair his alley, as it was damaged during construction of the Government Center. MOTION by Councilor Olson, seconded by McDonald and carried, to approve. 6. CONSENT AGENDA MOTION by Councilor McDonald, seconded by Bridge and carried, to separate item #6.14 1) and approve the remainder of the Consent Agenda. 6.1 Wisconsin Department of Natural Resources advising of application of General Mills for the right to lease submerged land at their grain elevator on the bed of the St. Louis River. r/f 6.2 Liability Claims Committee, August 15, 2012 meeting minutes. r/f 6.3 Police and Fire Commission, September 12, r/f 6.4 Claim #12-86, American Family Insurance on behalf of David Strum 6.5 Finance Director Vito is requesting review of the financial aspects of the Kurt Soderberg Environmental Service Division (ESD) Report. refer to Finance Cmt 1

2 6.6 Stormwater Coordinator Diane Nelson is requesting referral of the discussion regarding changing the way Stormwater Utility assesses charges. refer to Finance Cmt 6.7 Public Works Director Goetzman is requesting review of the Building Inspection Division s fee structure. refer to License & Fees Cmt 6.8 Miner s Inc. request to vacate streets and alleys between 22 nd and 23 rd Avenues East, and East 2 nd and 4 th Streets. (VAC 12-06) refer to Plan Cms 6.9 Miner s Inc. request to rezone property from R3 Apartment Residential District to C2, Highway Commercial District. (RZ 12-02) refer to Plan Cms 6.10 Public Works Director Goetzman is requesting discussion on Railroad quiet zones. refer to Cmt of Whole, October 16 th 6.11 Committee of the Whole, September 18, 2012 recommendation for approval 1) Received and filed Kurt Soderberg s Report on the Organizational Effectiveness of Environmental Services Division, City of Superior Finance Committee, September 13, 2012 recommendations for approval 2) Approve sewage credit for Lakeshore Ice, 602 Ogden Ave. of $2, ) Receive and file July and August 2012, Internal Auditor Activity Summary. 4) Receive and file August 2012, All Checks Register. 5) Receive and file the August 2012, Financial Statements Human Resources Committee, September 17, 2012 recommendations for approval 1) Approve the reorganization of the Library Building Maintenance Worker, and Library Custodian positions. 5) Receive and file the Monthly Personnel Report for August Public Works Committee, September 19, 2012 recommendations for approval 1) Approve painting a crosswalk in the spring and also place a pedestrian stanchion at 22 nd Street and Lackawanna Avenue. (Councilor MacKenzie s request for Slow Children Playing signage N. 22 nd & Lackawanna) 2) Hold in Committee Councilor Browne s request to designate the N. 3 rd St. railroad corridor (from Main St. to Oakes Avenue) a Quiet Zone. 3) Hold in Committee Councilor Joyal s request to reinstall stop signs at N. 12 th and Clough Avenues. 4) Receive and file information provided regarding Councilor Finsland s request for consideration of constructing retention ponds to control flooding in the area affected by Faxon Creek. Item #6.14 1) Councilor McDonald stated with the ever growing budget concerns, Councilors need to know the costs associated with these types of requests prior to approval. 2

3 MOTION by Councilor McDonald, seconded by Finsland and carried to refer back to the Public Works Committee Approve miscellaneous licenses. City Clerk Kalan 7. BUSINESS BY DEPARTMENT HEADS 7.1 Finance Director Vito is submitting the updated Capital Improvement Program (CIP) Budget. MOTION by Bridge, seconded by Olson and carried, to separate the animal shelter line item for discussion. Finance Director Vito advised the original cost for a new facility was estimated at $2.5 million with the City funding $2.1 million, and the remaining $400,000 to be raised by a Capital Campaign. When the design was completed and a site plan chosen (Douglas County donated property next to the race track) the actual cost estimates escalated to $4 million. The Capital Campaign has not met its anticipated goal. Attempts to decrease the size remains too costly due to issues at the proposed site with utilities, soil, elevation, road access, etc. During meetings regarding how much they would be willing to participate financially, Douglas County leadership and the Towns/Villages indicated they had no interest in contributing to the cost of building, or operating the facility. Rick Sailstad, Animal Allies, encouraged the Council to hold off on any decision regarding the shelter until all possible options have been reviewed to ensure the new shelter will meet the needs of the community. Marcy Barby, Douglas County Humane Society (DCHS) Treasurer, indicated they have $100,000 in annual expenses, which are covered by fundraising, and approximately $50,000 in needed repairs to their building that have been put off in anticipation of merging with the City and Animal Allies. She understood the City should not have to foot the bill for the County animals, but requested a little more time to get Douglas County on board financially. Roger LeTourneau, Town of Superior Board Supervisor and Douglas County Unit of the Wisconsin Towns Association Vice Chair, stated if they City does not build a shelter large enough to accept all animals in the County, the Towns and Villages will not have anywhere to take animals. The Towns Association has commitments from other Towns to contribute to the cost of running the shelter. He requested the matter be tabled in order to seek further funding from the County. Tom Johnson, Town of Lakeside Chair and Douglas County Unit of the Towns Association Chair, advised the 16 Towns in Douglas County are on board to help in any way they can. Dan O Neill was disappointed to see the reduction in the size of the building, and hoped nothing would be decided tonight regarding the size of the shelter. Hagen advised the size of the shelter was reduced because Douglas County and the Towns/Villages would not commit financially to the project, and he did not believe the taxpayers of Superior should be financially responsible for the animals in the entire County. This was the first the City has heard of any interest from the Towns/Villages in contributing towards the project. 3

4 Councilor MacKenzie stated there are two donations coming, one for $150,000 the other possibly $100,000 for the shelter. He feels the funding will be there and we should stay the course on the size of the building. Vito advised the funding from the Capital Campaign or from the County/Towns/Villages would have to increase substantially to get back to the original 11,000 sq ft facility. Councilor Bridge reminded the Council that Douglas County has been completely noncommittal during meetings regarding funding of the shelter. He also believed the site by the race track is not the best use of that property, and there is enough room to build at the current shelter site. Douglas County Board Chair Finn reminded the Council that the County donated the property next to the race track as their contribution towards the new shelter. There have been many meetings regarding this issue between the City and County; and the County is willing to work together. If the City would like another meeting with the Townships, he would arrange it. The community can only afford one shelter, and funding from Douglas County will be difficult, it must come from the Towns Association. Dr. Bob McClellan, Superior Animal Hospital, felt the estimate received to build the 10,000 sq. ft. shelter is high; and stated he is willing to participate in further discussions regarding the size of the building. MOTION by Councilor Bridge, seconded by Olson and carried, to hold the Animal Shelter discussion in committee to review size options based on level of additional support/funding from Douglas County, the Towns Association, and the Capital Campaign contributions. MOTION by Councilor Olson, seconded by Bridge and carried to approve the updated Capital Improvement Program Budget. 7.2 Assistant Finance Director Zuchowski submitting the 2013 Library budget. MOTION by Councilor McDonald, seconded by Bridge and carried, to approve. 7.3 Information Services Manager Shea is requesting the City of Superior enter into an agreement with Douglas County, School District of Superior, WITC, and UW-Superior, to form the Community Area Network (CAN). MOTION by Councilor Herrick, seconded by Browne and carried, to refer to the October 16, 2012 Regular Council meeting. 7.4 City Attorney Prell recommending to approve the modifications to Indemnity Provisions in Vista and Boathouse Leases. MOTION by Councilor Finsland, seconded by Bridge and carried, to approve. 7.5 Planning Director Serck submitting a request by WisDOT for a Temporary Limited Easement (TLE) from the City of Superior, for property located along Highway 2 in the Town of Amnicon. MOTION by Councilor Herrick, seconded by Browne and carried, to approve. 4

5 7.6 Police Chief LaGesse and City Attorney Prell recommending approval of the Law Enforcement Mutual Aid agreement with the City of Duluth, MN. MOTION by Councilor Bridge, seconded by McDonald and carried, to approve. 7.7 Public Works Director Goetzman is recommending to approve the Donohue and Associates proposal to provide detailed design of the WWTP Wet Weather Treatment Optimization Design project for $34,200. MOTION by Councilor Bridge, seconded by Browne and carried, to approve. 7.8 Chief Building Inspector Dan Curran is requesting to waive the permit fees required for work at the Old Firehouse and Police Museum; and the Douglas County Historical Society Building. MOTION by Councilor Bender, seconded by Bridge and carried, to approve. 8. BUSINESS BY THE MAYOR 8.1 Mayor Hagen is submitting the 2013 General Fund Operating Budget Updates/Scenarios. 8.1 a) Scott Gordon, Fire Department Battalion Chief, submitted a communication dated October 1, 2012, Superior Fire Department Impact of proposed 2013 Budget Adjustments. 8.1 b) Christian Opheim, Fire Department, submitted an dated. Mayor Hagen summarized there are three budget scenarios before the Council tonight and requested approval of the budget with the 3.8% tax levy increase, equating to $26 per $100,000 assessed property value. Councilor MacKenzie stated after talking with constituents, the general consensus was, taxes are too high already. He wanted to be the voice of his constituents, and he could not support a 3.8% tax levy increase. Councilor Bridge stated the Mayor, Finance Department and Committee, have worked very hard over the last year reviewing possible cost cutting measures. Cuts in Shared Revenue and other reductions, along with increased operational costs have left nothing to cut other than positions. He was not in favor of cutting Police or Fire positions which impacts public safety. He felt it unfortunate, but the 3.8 % increase in the levy is necessary to operate the City and provide services. Councilor Herrick believed none of the Councilors want an increase in taxes, but recommended the 3.8% increase to prevent cuts to crucial services. Councilor Browne believed there may be cost savings without cutting services or Police or Fire personnel, and requested an additional meeting to get down to bare bones. Councilor s Finsland and McDonald believed a decision had to be made and a budget approved that will not place a burden on next year s budget. A 3.8% increase would not jeopardize public safety and would enable city services to continue operation as is. Councilor Bender stated he didn t disagree with anyone who had spoken and was not in favor of layoffs, but believed the Council needs to review possible suggestions for reductions he and other Councilors provided. Councilor Olson stated he is in the business of creating employment and did not support any reduction in personnel. 5

6 Speaking against the budget with a 3.8% increase in the tax levy: Marty Curtiss, 5301 E. 1 st Street. Speaking in favor of the budget with a 3.8% increase in the tax levy: Thomas LeSage, Fire Department; Lee Sandok Baker, Building Inspection; Brad Esler, Police Department; Mike Jaszczak, Police Department; Scott Gordon, Fire Department. MOTION by Councilor Finsland, seconded by McDonald to approve adoption of the 2013 Budget with the 3.8% tax levy increase, carried by roll call vote. AYE Bridge, Stenberg, McDonald, Joyal, Finsland, Herrick 6 NO Olson, Bender, MacKenzie, Browne 4 9. BUSINESS BY COUNCILORS Councilor Herrick read a letter from Pilgrim Lutheran Church Pastor, Will Mowchan, who commended City of Superior students for their efforts, raising money, and doing major repairs, on homes in Wilmington North Carolina. 10. RESOLUTIONS 10.1 R Resolution of the City of Superior relating to a State Trust Fund Loan for Storm Damage Projects. MOTION by Councilor Finsland, seconded by Bridge and carried, to adopt the resolution. 11. ORDINANCES 12. BUSINESS BY PUBLIC MOTION by Councilor Finsland, seconded by Bridge and carried, to adjourn meeting at 8:42 p.m. Respectfully submitted, Terri Kalan, City Clerk Superior, Wisconsin Approved this 16 th day of October, Attest: Mayor 6

7 City Clerk 7