City of Stevens Point REGULAR COUNCIL MEETING. Council Chambers September 16, 2013

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1 City of Stevens Point REGULAR COUNCIL MEETING Council Chambers September 16, 2013 County-City Building 7:00 P.M. 1. Roll Call. 2. Salute to the Flag and Mayor s opening remarks. 3. Consideration and possible action of the minutes of the Regular Common Council meeting of August 19, 2013 and the Special Common Council meeting of September 9, *Persons who wish to address the Mayor and Council on specific agenda items other than a Public Hearing must register their request at this time. Those who wish to address the Common Council during a Public Hearing are not required to identify themselves until the Public Hearing is declared open by the Mayor. 5. Persons who wish to address the Mayor and Council for up to three (3) minutes on a nonagenda item. Consideration and Possible Action on the Following: 6. Minutes of the Plan Commission meeting of September 3, Public Hearing Zoning Rezone 3640 North Point Drive (Parcel ID: ) from R-5 Multiple Family II Residence District to B-4 Commercial District. 8. Ordinance Amendment on the above. 9. Public Hearing Official Street Map Amendment add a 50 foot wide extension of Third Street starting approximately at the intersection with Main Street and continues north to its intersection with CenterPoint Drive. 10. Public Hearing Official Street Map Amendment add a 60 foot wide extension of Strongs Avenue starting approximately at the intersection with Main Street and continues north to its intersection with CenterPoint Drive. 11. Ordinance Amendment on the above. 12. Minutes and actions of the Public Protection Committee meeting of September 9, Ordinance Amendment Licensed Premises of Grocery Stores for Display and Sale of Intoxicating Liquor and Fermented Malt Beverages. 14. Minutes and actions of the Finance Committee meeting of September 9, Resolution Designating Public Depository and Authorizing Withdrawal of City Monies. 16. Minutes and actions of the Board of Public Works meeting of September 9,

2 17. Preliminary Resolution Special Assessment for the engineering, design and construction of a concrete seawall to meet federal emergency management agency (FEMA) freeboard requirements. 18. Ordinance Amendment Traffic Correction of Ordinance Numbering --Stop sign for northbound Traffic on Third Street at CenterPoint Drive. 19. Minutes and actions of the Personnel Committee meeting of September 9, 2013 and the minutes of the Special Personnel Committee meeting of August 19, Minutes and actions of the Board of Water & Sewerage Commissioners meeting of September 9, Minutes and actions of the Police and Fire Commission meeting of September 10, Metro Fire Protection District Agreement with the inclusion of the Township of Hull. 23. Minutes and actions of the Transportation Commission meeting of August 22, Minutes and actions of the Board of Park Commissioners meeting of September 4, Statutory Monthly Financial Report of the Comptroller-Treasurer. 26. Adjournment. RMC Revised Municipal Code Persons who wish to address the Common Council may make a statement as long as it pertains to a specific agenda item. Persons who wish to speak on an agenda item will be limited to a five (5) minute presentation. Any person who wishes to address the Common Council on a matter which is not on the agenda will be given a maximum of three (3) minutes and the time strictly enforced under the item, Persons who wish to address the mayor and council on non-agenda items. Individuals should not expect to engage in discussion with members of the City Council and City staff. Any person who has special needs while attending this meeting or needing agenda materials for this meeting should contact the City Clerk as soon as possible to ensure a reasonable accommodation can be made. The City Clerk can be reached by telephone at (715) , TDD # , or by mail at 1515 Strongs Avenue, Stevens Point, WI Copies of ordinances, resolutions, reports and minutes of the committee meetings are on file at the office of the City Clerk for inspection during the regular business hours from 7:30 A.M. to 4:00 P.M. 2

3 City of Stevens Point REGULAR COUNCIL MEETING Council Chambers August 19, 2013 County-City Building 7:00 P.M. Mayor Andrew J. Halverson, presiding Roll Call: Ald. Doxtator, Suomi, O Meara, Wiza, M. Stroik, Slowinski, Trzebiatowski, Patton, R. Stroik, Philips, Moore Also Present: City Atty. Beveridge, Clerk Moe, C/T Ladick, Directors Schatschneider, Schrader, Ostrowski, Emergency Mgt. Director McGinty, Police Chief Ruder, Fire Chief Kujawa, Human Resources Manager Jakusz, Chris Jones-Stevens Point Journal, Nathanael Enwald-Portage County Gazette, Brandi Makuski-Stevens Point City Times 2. Salute to the Flag and Mayor s opening remarks. 3. Consideration and possible action of the minutes of the Regular Common Council meeting of July 15, 2013 and the Special Common Council meetings of July 22, August 6, and August 12, Ald. Moore moved, Ald. Doxtator seconded, to approve the minutes of the Regular Common Council meeting of July 15, 2013 and the Special Common Council meetings of July 22, August 6, and August 12, Ald. Wiza added to the meeting minutes of August 6, 2013 to correctly reflect what he believed happened. He said after Council recessed at 6:18 p.m. an informal presentation on municipal courts was given by Ron Ledford, District Court Administrator. Ald. Wiza stated he would like to add that since discussion ensued with the Village of Plover representatives, City Alderpersons, the Mayor, etc. he announced that he believed the Council was attempting to conduct business without a quorum present and at that point, he left the meeting. Roll Call: Ayes: All Nays: None. Motion carried. 4. *Persons who wish to address the Mayor and Council on specific agenda items other than a Public Hearing must register their request at this time. Those who wish to address the Common Council during a Public Hearing are not required to identify themselves until the Public Hearing is declared open by the Mayor. Bob Fisch, 1033 Smith Street Item #5 Persons who wish to address the Mayor and Council Attorney James G. Birnbaum, 201 Main Street, Ste. 1000, La Crosse, WI Item #6 St. Stephen Parish Appeal Hearing 3

4 Phil DiSalvo, 416 Mary Ann Avenue Item #6 St. Stephen Parish Appeal Hearing Cathy Dugan, 615 Sommers Street Item #6 St. Stephen Parish Appeal Hearing Reid Rocheleau, 408 Cedar W, Whiting Item #5 Persons who wish to address the Mayor and Council Item #6 -- St. Stephen Parish Appeal Hearing Mary Ann Laszewski, 1209 Wisconsin Street Item #6 St. Stephen Parish Appeal Hearing 5. Persons who wish to address the Mayor and Council for up to three (3) minutes on a non-agenda item. Bob Frisch, 1033 Smith Street, spoke about how building a quality bicycle infrastructure is linked to job creation. He stated as cities compete to attract jobs, many have decided that the building quality of a bicycle infrastructure is key to young job seekers. Reid Rocheleau, 408 Cedar W, Whiting, spoke in disapproval of special Council meetings and the creation of a municipal court. Ald. Doxtator applauded the Mayor and the Engineering Department for the building of the sea wall. He also stated he is pleased with the Skyward expansion and cold storage facility in the new business park. He said, however, that he is disappointed with how the Hi-Rise and Edgewater Manor have been managed. Ald. Doxtator requested next month s agenda include possible action on the Hi-Rise and Edgewater Manor being smoke free and address the mismanagement of these facilities. He would also like to discuss the violence downtown at various establishments. 6. Appeal Hearing St. Stevens Parish appeal of the Historic Preservation/Design Review Commission s denial of its application to demolish the former convent building. Attorney James Birnbaum, of the law firm of O Flaherty, Heim, Egan & Birnbaum, 201 Main Street, La Crosse, represents the parishes of the diocese. He stated that the demolition of Catholic structures is not treated lightly and measures are taken to preserve structures before they are demolished. Attorney Birnbaum requested of the City Attorney that their objections be preserved and asked that the record reflect they object to the process as a violation of Article 1 Sec. 18 of the Wisconsin Constitution which is the 1 st Amendment Free Exercise Clause. He stated the City s position of the denial of the demolition permit imposes a substantial burden on a religious entity both under the federal and state constitutions. He went on the say that the City cannot show any compelling interest to justify that burden. Attorney Birnbaum said they also object on the basis of the 5 th Amendment on the grounds that imposing the nondemolition of this building would be a taking without just compensation under the 5 th Amendment. They also object on the basis of due process under the 14 th Amendment under the grounds that the City s ordinance is arbitrary and capricious and it contains ambiguous standards. Attorney Birnbaum went on to state that finally, they object to 4

5 the grounds under the 14 th Amendment Equal Protection Clause because if the basis is that the parish should not be permitted to destroy the structure for green space, other comparable properties in the area are permitted to have green space and to deny the parish it s opportunity to do so would be a denial of equal protection. Attorney Birnbaum then proceeded speaking about the history of St. Stephen s buildings and the cost to the parish of maintaining the convent in its current state. He also stated that this building is not on the historical registry and he continued his debate as he read through the administrative staff report with objectives on the dilapidated condition of the building. In summary, Attorney Birnbaum stated if the building permit is denied, it will present a significant health and safety hazard as it contains black mold, asbestos, lead paint and substantial water damage. He summarized it is not an historic building as it was built in the 1950s; secondly, the building is too burdensome to maintain; and third, the parish has explored all reasonable alternatives. Attorney Birnbaum said the real estate will be restored to attractive green space. He requested for those reasons, the demolition be granted. Mayor Halverson asked Attorney Birnbaum if the greatest concern the parish has is the financial burden of the building. Attorney Birnbaum said that probably pervades everything; however, it is at the point now where it is presenting a health and safety hazard. Phil DiSalvo, 416 Mary Ann Avenue, stated over the last 10 years or so, the parish has had no use for the building. He discussed various organizations that have occupied the space for a short time and then further discussed the dilapidated condition of the building which has been in disrepair for a number of years. Mr. DiSalvo said the Diocese of La Crosse had given the parish permission to demolish the building and in anticipation, the parish has removed the heating system, drained the plumbing system, shut off the water at the main in the street, removed all of the lighting fixtures, torn out built-in case work, removed stained glass windows and chapel fixtures which was done to generate income from the building. He summed up that demolition was chosen for the building as a last resort to eliminate future maintenance and insurance costs to the parish. Cathy Dugan, 615 Sommers Street, spoke about preserving the St. Stephen s building campus and urged the Council to uphold the decision to not permit demolition of the convent due its distinctive part of the St. Stephen s campus. Reid Rocheleau, 408 Cedar W, Whiting also urged the Council to uphold the Historic Commission s decision not to permit demolition of the convent and he emphasized the cultural and historical distinctions of the building. Mary Ann Laszewski, 1209 Wisconsin Street, stated the 2011 State Historical Survey of Architecture in Stevens Point found St. Stephen s Parish having the finest architecture of all parishes in Stevens Point which stated its Neo-Gothic designs include expensive designs and handy-work that are only usually found in large cities. She said the study specifically describes the convent as an excellent example of Neo-Gothic clad stone and easily qualifies for the National Register of Historic Places. Ms. Laszewski urged the 5

6 demolition of the convent not be allowed and other avenues to preserve the building be reviewed. Mayor Halverson said he agreed with the speakers on this issue as St. Stephen s campus is the last actual intact Catholic parish in the City of Stevens Point. He stated there is a credible concern of cost by the parish in terms of maintaining the convent and would like to see other avenues pursued in terms of restoring the building via the Historical Society as the walls of the convent are structurally sound. Mayor Halverson also stated there are angles in which the City could assist to a degree in aiding with staff time and the façade grant program. Ald. Patton stated it is the church s property and he moved, to approve the application of St. Stephen s Parish to demolish the former convent building, Ald. Phillips seconded the motion. Ald. R. Stroik said he would like to see a proposal to put out a bid to do some advertising to see how the building could be maintained. He stated he did not want to rush to tear down the building, but without having a future plan is not fair to the parish and he requested a commitment from the City for assistance to pursue other proposals. Mayor Halverson said the City would certainly be willing to do that although the City would be working with the Historical Society first from the priority point of view. Ald. Trzebiatowski stated while the outside of the building is still appealing, the inside would need to be gutted as it poses a health issue and he sympathizes with the parish. He said he would like more time to look into the issue before voting on it to see if there are other interested parties as other revenue sources. Ald. Wiza asked if the parish would be receptive to waiting 30 days and if they would turn the property over to the Historical Society. Mayor Halverson asked Mr. DiSalvo if the parish is interested in pausing to pursue other avenues for other organizations to either possess or maintain the building. Mr. DiSalvo stated that he cannot answer that question as it is not his decision. Mayor Halverson told Mr. DiSalvo that this may be something to discuss with the Church Council or respective governing committee that would be responsible for taking the information into account. Ald. Wiza questioned if it would be in order to postpone action for 30 days and bring it back to the next Council meeting. Mayor Halverson stated the motion on the floor is to approve the demolition which would overturn the decision of the Historic Design Review Commission. Ald. Wiza then questioned if the Council is required to act on the matter now. 6

7 Mayor Halverson replied no. The Council can listen to the testimony and reflect on it or Council can also, if the motion is denied, instruct City staff to pursue other avenues. Ald. Patton said to delay action will delay closure on the issue. He stated the problem will not be solved in 30 days and the parish has made an effort to resolve it. Ald. O Meara said the statements made by the Mayor and the community about the viability of the building are legitimate. He feels nothing should be done for the moment as the permit has been rejected and the parish can apply for a razing permit at any time. Ald. O Meara stated more questions than answers have been brought forward and he said there have been some proposals brought up that need to be pursued prior to razing the building. Ald. Moore said the church is doing what they feel is necessary; however, he would like to see what criteria the church used to determine this building was beyond use. Ald. Doxtator emphasized the cost factor involved for the parish. Ald. R. Stroik questioned what procedurally happens if the motion on the floor fails. Mayor Halverson said he would allow one other motion to specifically target how Council would want City staff to handle working with the parish. Ald. R. Stroik stated from a parish perspective, there is no staff to deal with the issue in depth and he would like to see the City step in and offer some short-order help to the parish. He said he wants to save the building and have at least 30 days to review other avenues. Mayor Halverson agreed and re-stated the motion is to overrule the Historic Design and Review Commission and to allow demolition. Roll Call: Ayes: Ald. Phillips, Patton, Doxtator Nays: Ald. Moore, R. Stroik, Trzebiatowski, Slowinski, M. Stroik, Wiza, O Meara, Suomi. Motion denied. Ald. R. Stroik moved, Ald. O Meara seconded to ask the City staff to work with the Historical Society and St. Stephen s Church to devise a plan within the next 30 days to potentially put a plan in place for restoration of the building. Ald. Patton asked the Alderpersons to allow an amendment to the motion so that if there is not a usable plan presented in 30 days, the application will be approved. Mayor Halverson said that is not accepted by the Alderperson who made the original motion on the floor and if Ald. Patton would like to present that as an amendment, he could move to that effect. Ald. Patton declined. 7

8 Roll Call: Ayes: Ald. Doxtator, Suomi, O Meara, Wiza, M. Stroik, Slowinski, Trzebiatowski, R. Stroik, Moore Nays: Ald. Patton, Phillips. Motion carried. 7. Minutes of the Plan Commission meeting of August 5, Ald. Moore moved, Ald. Wiza seconded to approve the minutes of the Plan Commission meeting of August 5, Roll Call: Ayes: All Nays: None. Motion carried. 8. Public Hearing Conditional Use Permit constructing an attached garage using the R-TND Traditional Neighborhood Development Overlay District minimum side-yard setback requirements at 2024 Wyatt Avenue (Parcel ID ). Mayor Halverson declared the public hearing open. As no one wished to speak, Mayor Halverson declared the public hearing closed. 9. Resolution on the above. Ald. Moore moved, Ald. Phillips seconded to approve the resolution. Roll Call: Ayes: Ald. Moore, Phillips, R. Stroik, Patton, Trzebiatowski, Slowinski, M. Stroik, Wiza, O Meara, Suomi, Doxtator Nays: None. Motion carried. 10. Public Hearing Conditional Use Permit Constructing an 8-unit townhouse style apartment complex, at the southeast corner of Echo Dells Avenue and River View Avenue (Parcel ID ). Mayor Halverson declared the public hearing open. As no one wished to speak, Mayor Halverson declared the public hearing closed. 11. Resolution on the above. Ald. Phillips moved, Ald. R. Stroik seconded to approve the resolution. Roll Call: Ayes: Ald. Doxtator, Suomi, O Meara, Wiza, M. Stroik, Slowinski, Trzebiatowski, Patton, R. Stroik, Phillips, Moore. Nays: None. Motion carried. 12. Public Hearing Conditional Use Permit - Constructing a car dealership and service facility within the wellhead protection district zone B at 3700 North Point Drive (Parcel ID ). Mayor Halverson declared the public hearing open. 8

9 As no one wished to speak, Mayor Halverson declared the public hearing closed. 13. Resolution on the above. Ald. Doxtator questioned the previous zoning regarding a 10 right-of-way setback. Mayor Halverson stated yes, which related to the annexation agreement, and he called on Director Ostrowski to elaborate on the issue. Director Ostrowski explained that comment was made during the annexation; however, nothing was approved regarding a 10 setback requirement for the parking lot, nor was it recorded on the deed or made a part of a zoning change. Ald. Moore said he thought there was discussion at the Plan Commission about screening on the west side of the property for the houses along North Point Drive. Director Ostrowski stated the conditional use is specifically for the protection of the groundwater supply and any other condition or requirement on that property will need to be met through zoning requirements. Ald. Phillips said he noticed the current owner is parking cars in the right-of-way and the ditch and asked if that would be allowed when the new building is constructed. Director Ostrowski said that can be addressed and it is not allowed. Ald. Phillips moved, Ald. Patton seconded to approve the resolution. Roll Call: Ayes: Ald. Moore, Phillips, R. Stroik, Patton, Trzebiatowski, Slowinski, M. Stroik, Wiza, O Meara, Suomi, Doxtator Nays: None. Motion carried. 14. Minutes and actions of the Public Protection Committee meeting of August 12, 2013 and the minutes of the Special Public Protection Committee meeting of August 6, Ald. R. Stroik moved, Ald. Suomi seconded to approve the minutes and actions of the Public Protection Committee meeting of August 12, 2013 and the minutes of the Special Public Protection Committee meeting of August 6, Roll Call: Ayes: All Nays: None. Motion carried. 15. Minutes and actions of the Finance Committee meeting of August 12, Ald. Moore moved, Ald. M. Stroik seconded to approve the minutes and actions of the Finance Committee meeting of August 12, Roll Call: Ayes: Ald. Doxtator, Suomi, O Meara, Wiza, M. Stroik, Slowinski, Trzebiatowski, Patton, R. Stroik, Phillips, Moore. Nays: None. Motion carried. 9

10 16. Minutes and actions of the Board of Public Works meeting of August 12, 2013 and the minutes of the Special Board of Public Works meeting of July 15, Ald. Suomi moved, Ald. O Meara seconded to approve the minutes and actions of the Board of Public Works meeting of August 12, 2013 and the minutes of the Special Board of Public Works meeting of July 15, Ald. Wiza referenced the Special Board of Public Works meeting of July 15, 2013 in regard to Item #2 Consideration and Possible Action to Award the Shopko Parking Lot Project in which the low bidder was not selected. He requested an explanation for the decision. Mayor Halverson stated City specs require a percentage of work be completed by the main awarded contractor. Director Schatschneider said that prior to his tenure, there were discussions on contractors bidding work and there is a specification the City uses that the prime contractor shall do at least 40% of the work. He said that avoids a contract management firm from being the prime in leading the project and it requires the prime contractor to do the brunt of the work. Director Schatschneider went on to state that it is a guarantee that the City s prime contractor has a significant role in the project. Roll Call: Ayes: Ald. Moore, Phillips, R. Stroik, Patton, Trzebiatowski, Slowinski, M. Stroik, Wiza, O Meara, Suomi, Doxtator Nays: None. Motion carried. 17. Ordinance Amendments Traffic -- Ellis Street. Ald. Slowinski moved, Ald. Wiza seconded to approve the Ordinance Amendments. Roll Call: Ayes: Ald. Doxtator, Suomi, O Meara, Wiza, M. Stroik, Slowinski, Trzebiatowski, Patton, R. Stroik, Phillips, Moore. Nays: None. Motion carried. 18. Minutes and actions of the Personnel Committee meeting of August 12, 2013 and the actions of the Special Personnel Committee meeting of August 19, Ald. Patton moved, Ald. Wiza seconded with the exception of pulling Items #1 and #3 of the August 12, 2013 meeting to approve the minutes and actions of the Personnel Committee meeting of August 12, 2013 and the actions of the Special Personnel Committee meeting of August 19, Mayor Halverson asked Ald. Patton if the exception of pulling items #1 and #3 of the August 12, 2013 meeting for further discussion was acceptable to his motion. Ald. Patton agreed. 10

11 Roll Call: Ayes: All Nays: None. Motion carried. Ald. Wiza asked for clarification as to why the perimeters of the pay plan study had resurfaced. He asked if the additional information was included in the initial cost. Mayor Halverson stated there would be no additional cost to the City because the data has already been collected in terms of the private sector comparables. Ald. Wiza also questioned when Mr. Carlson made his presentation, if examples of private sector jobs were given which match up to the jobs of municipal workers. His concern is that apples to apples comparisons are being made. Mayor Halverson instructed Ald. Wiza to review the meeting video. Ald. R. Stroik stated that by Council reviewing the matter, it does not mean salaries will be cut. He stated Council members represent both City employees and City taxpayers. He said the Carlson study is all encompassing and all the data should be on the table. Ald. R. Stroik said the information should be studied and an educated decision made; however, he stated it doesn t mean the study will be implemented. Ald. Moore agreed with Ald. R. Stroik in that the Council members are the stewards of the City taxpayer s money and a plan will be put into place in an equitable and fair fashion. Ald. Wiza stated he agrees with the Alderpersons and wants to be sure that good comparisons are being made. Mayor Halverson reiterated the best insight would be to watch the presentation. He said it will be the discretion of the Personnel Committee to use or not use those comparables in determining the pay plan structure moving forward. Mayor Halverson also discussed pay for performance and the ability to do a job well versus a standard step plan or an across the board raise which are all potentials and are retained at the discretion of the Personnel Committee. Mayor Halverson said as he was looking at the jobs cited by Carlson, there was the derivation of where that job was cited from. Ald. Trzebiatowski stated he would rather have more information and not need it. Ald. Moore moved, Ald. R. Stroik seconded to approve Item #1 of the August 12, 2013 Personnel Committee meeting. Roll Call: Ayes: Majority. Nays: Minority. Motion carried. Ald. Wiza questioned if the plan was to move the remaining staff in the Assessor s office under the supervision of Director Ostrowski. Mayor Halverson said that is right. 11

12 Ald. Wiza expressed concern that Director Ostrowski already has a lot on his plate and asked if additional staff or compensation would be needed for the additional staff under his supervision. Mayor Halverson said that is already being contemplated in the job description questionnaires and in his conversations with Mr. Carlson. He stated this would be a prime opportunity to split off the Housing Authority and create a separate Housing Authority or look at combining it with Portage County; however, a redevelopment authority would be retained which would still be under Director Ostrowski s authority. Mayor Halverson said the workload for the Director would be workable if the Housing Authority would be out of the mix. He also said property data would be shared between the Inspection and Assessor Departments from the time the building permit is issued due to being located in one centralized location. Ald. Wiza stated concern for the additional duties and the savings, if any. Mayor Halverson said it is simply moving around staff and the authority of the Director over the Assessor s office staff is for day-to-day operations and information sharing, vacation approval and the overall timeliness of work. He stated the Assessor staff will report valuation work to the contract assessor. Mayor Halverson projected an annual savings of approximately $50,000 to $60,000 by contracting the assessor. He stated the RFP submitted requires the contract assessor be in place for a minimum of one full business day per week. Mayor Halverson also elaborated on the cross-training of the Administrative Assistant in the Community Development Department and the Personal Property Technician in the Assessor s Department. Ald. Trzebiatowski reiterated to the Council that the Assessor position is the only one they hire and appoint. Mayor Halverson stated that Council will still be hiring the Assessor and he/she will report to directly to Council and that will not change. Ald. Doxtator questioned how the process in the Assessor s office in terms of staff time will be different from what it has been this year. Mayor Halverson said the requirements that would be specifically stated in the RFP to be released will touch on the Assessor s presence of a minimum of a one day a week requirement to be within the office. He stated he feels that is an important criterion. Mayor Halverson said the initial response review and sort of the RFPs would be through himself, the Comptroller and two or three members of the Council. They would then forward responses to the Finance Committee for approval and then ultimately, Common Council for approval. Ald. Moore said he is still not convinced this is the right thing to do at this time and he does not think the savings are worth it. He said the duties of the Assessor s office, as a whole, are important to the community and he feels a full-time Assessor is necessary. 12

13 Ald. Moore moved, Ald. Trzebiatowski seconded to deny. Ald. Slowinski said if the situation of a contracted Assessor fails, the option of hiring a full-time Assessor would still be available. Mayor Halverson said yes. He then he restated the motion on the floor is to deny. Roll Call: Ayes: Minority. Nays: Majority. Mayor Halverson stated the nays were clearly more abundant; however, a number of Council members appealed for a roll call vote on the motion to deny. Roll Call: Ayes: Ald. Doxtator, Wiza, Trzebiatowski, R. Stroik, Moore Nays: Ald. Suomi, O Meara, M. Stroik, Slowinski, Patton, Phillips Motion fails. Ald. R. Stroik said a contract assessor has an opportunity to succeed but he would like to see a job description for Director Ostrowski if he takes on additional duties. He said he would like more clarity. Mayor Halverson said the consolidation of the staff of the Assessor s office accomplishes many issues with those being one location for property files; secondly, all research or property data accumulation will be directed to staff by the contract assessor. He continued by saying Director Ostrowski will have the overall direction of communication with the contract assessor and he will monitor the working environment of the staff of the Assessor s office. Mayor Halverson said he has no concerns or reservations about Director Ostrowski s ability to handle the extra staff if steps are taken with the Housing Authority. Ald. Moore said he also believes Director Ostrowski is very capable; however, this is about the position Director Ostrowski holds. He expressed his thoughts of the combination of offices not being a good idea. Mayor Halverson stated among other municipalities, the assessing function is housed within the Community Development Department. Ald. Trzebiatowski questioned if there is anything prohibiting the records being kept in separate locations. He stated with technology, the records can be easily shared and this is a non-issue and he would like to see the Department Heads kept separate. 13

14 Mayor Halverson stated that Director Ostrowski would have nothing to do with valuation as those operations would be under the discretion of the contract assessor who reports to the Common Council. Mayor Halverson further explained the contributions Director Ostrowski would have in the day to day operations of the Assessor s Department and emphasized property valuations are the duties of the contract assessor and not Director Ostrowski. He also stated there are no requirements prohibiting the files from being in separate offices, however, the sharing of information would be positive. Mayor Halverson said the feedback received from other municipalities with a similar scenario is all positive and this can save a lot of money. He stated a decision on the matter of an assessor needs to be made. Ald. Suomi wanted further clarification regarding the Housing Authority and if it is definitely going to be pursued as far as a split from the Community Development Director s responsibilities. Mayor Halverson said it is definitely something he and the Director would like to accomplish as they feel there is a more appropriate focus that could be given to only the Housing Authority and not mix it with redevelopment. City Attorney Beveridge commented that any motion to put out the RFP be for a contract period of two years as stated per the ordinance rather than three years as reflected in the minutes. Ald. O Meara moved, Ald. Suomi seconded to instruct the Mayor and/or his designee to release an RFP to contract out the assessment function on a two year term. Roll Call: Ayes: Ald. Phillips, R. Stroik, Patton, Slowinski, M. Stroik, O Meara, Suomi Nays: Ald. Moore, Trzebiatowski, Wiza, Doxtator. Motion carried. 19. Discussion and possible action on guidelines relating to Domestic Partnership coverage on the City s High Deductible Health Plan. Ald. Wiza wanted clarification that the only discussion is on the Affidavit of Domestic Partnership because the Council has previously acted and voted to grant the benefits and now the paperwork needs to be hashed out. Mayor Halverson said yes that is the topic of order. Ald. Wiza moved, Ald. Moore seconded to approve the Affidavit of Domestic Partnership as presented striking Item #7. 14

15 Ald. Suomi stated that overall she has been disappointed in the lack of action by the Personnel Committee members. She thanked the city staff and the Mayor for trying to put the issue forward and she appreciates their time and effort. Mayor Halverson called for a voice vote in which there were votes in the negative. He then called for a roll call. Roll Call: Ayes: Ald. Doxtator, Suomi, O Meara, Wiza, M. Stroik, Trzebiatowski, Patton, R. Stroik, Moore Nays: Ald. Slowinski, Phillips. Motion carried. 20. Minutes and actions of the Board of Water & Sewerage Commissioners meeting of August 12, Ald. Patton moved, Ald. Wiza seconded to approve the minutes and actions of the Board of Water & Sewerage Commissioners meeting of August 12, Roll Call: Ayes: Ald. Moore, Phillips, R. Stroik, Patton, Trzebiatowski, Slowinski, M. Stroik, Wiza, O Meara, Suomi, Doxtator Nays: None. Motion carried. 21. Minutes and actions of the Police and Fire Commission meeting of August 6, 2013 and the minutes of the Special Police and Fire Commission meeting of July 23, Ald. R. Stroik moved, Ald. Wiza seconded to approve the minutes and actions of the Police and Fire Commission meeting of August 6, 2013 and the minutes of the Special Police and Fire Commission meeting of July 23, Roll Call: Ayes: All Nays: None. Motion carried. 22. Minutes and actions of the Transportation Commission meeting of July 25, Ald. Slowinski moved, Ald. M. Stroik seconded to approve the minutes and actions of the Transportation Commission meeting of July 25, Roll Call: Ayes: All Nays: None. Motion carried. 23. Statutory Monthly Financial Report of the Comptroller-Treasurer. Ald. Moore moved, Ald. Suomi seconded to accept the report and place it on file. Roll Call: Ayes: All Nays: None. Motion carried. 15

16 24. Mayoral Appointments: Smongeski Health Fund Reappoint Marge Molski, 800 St. Paul St Reappoint Bill Zimdars, 3924 Doolittle Dr Apt. 6 Historical Preservation/Design Review Commission Appoint Thomas Baldischwiler, 3340 Teton Drive Appoint Kathy Kruthoff, 4301 Heritage Drive to Alt #2 Ald. Wiza moved, Ald. O Meara seconded to approve the Mayoral Appointments. Roll Call: Ayes: All Nays: None. Motion adopted. 25. Adjournment. Adjournment at 9:00 p.m. 16

17 City of Stevens Point SPECIAL COMMON COUNCIL Lincoln Center September 9, Water Street 7:00 P.M. Mayor Andrew Halverson, Presiding Roll Call: Also Present: Alderpersons Doxtator, Suomi, O Meara, Wiza, M. Stroik, Slowinski, Trzebiatowski, Patton, R. Stroik, Phillips and Moore. City Clerk Moe; C/T Ladick; City Attorney Beveridge; Directors Ostrowski, Lemke, Schrader and Schatscheider; Fire Chief Kujawa; Street Superintendent Laidlaw; Bob Fisch; Nate Enwald; Brandi Makuski. Consideration and possible action of the following: 2. Actions taken at the Plan Commission meeting of September 3, Ald. O Meara asked why the street extensions are not the standard 66 feet wide. Mayor Halverson responded that it was due to the confined right-of-way and other parameters, including the typography of the area,that required a non-standard width. Ald. Moore moved, Ald. Patton seconded, to approve the actions taken at the Plan Commission meeting of September 3, Ayes, All; Nays, None; motion adopted. 3. Public Hearing Official Street Map Amendment - Add a 100 foot wide extension of E.M. Copps Drive starting at intersection of Week Street and E.M. Copps Drive and extending east for approximately 1,926 feet. Mayor Halverson declared the hearing open. As no one wished to speak, the Mayor declared the Hearing closed. 4. Ordinance Amendment on the above. Ald. Wiza moved, Ald. Moore seconded, to approve the Ordinance Amendment. Ald. Phillips asked if the section between Weeks Street and E.M. Copps Drive will be widened in the future. 17

18 Mayor Halverson replied it will most likely be in the future, but the right-of-way is appropriate for what they are looking at doing right now. There will likely be intersection augmentation that happens at E.M. Copps Drive and County Highway R. Once we make those intersection modifications, there will probably be more changes at that time. Roll Call: Ayes: Alderpersons Moore, Phillips, R. Stroik, Patton, Trzebiatowski, Slowinski, M. Stroik, Wiza, O Meara, Suomi and Doxtator. Nays: None. Motion adopted. 5. Award contract for the construction of the E.M. Copps Drive extension. Mayor Halverson noted the Board of Public Works awarded the contract for the construction of the E.M. Copps Drive extension to Advance Construction out of Green Bay in an amount not to exceed $840, Ald. R. Stroik moved, Ald. Trzebiatowski seconded, to approve. Roll Call: Ayes: Alderpersons Doxtator, Suomi, O Meara, Wiza, M. Stroik, Slowinski, Trzebiatowski, Patton, R. Stroik, Phillips and Moore. Nays: None. Motion adopted. 6. Adjournment. Adjourned at 7:04 p.m. 18

19 REPORT OF CITY PLAN COMMISSION September 3, :00 PM Lincoln Center 1519 Water Street PRESENT: Mayor Andrew Halverson, Alderperson Jerry Moore, Commissioner Tony Patton, Commissioner Anna Haines, Commissioner Garry Curless, and Commissioner Dave Cooper. ALSO PRESENT: Community Development Director Michael Ostrowski, Economic Development Specialist Kyle Kearns, City Attorney Andrew Beveridge, Comptroller/Treasurer Corey Ladick, Alderperson George Doxtator, Alderperson Mary Stroik, Alderperson Randy Stroik, Brandi Makuski, Chris Jones, Richard Bierman, Nate Enwald, Don Wiza, Lorelei Walczak, Adam Tippmann, James Ford, Bob Makuski, James Lundberg, Austin Konkol, and Debbie Konkol. INDEX: 1. Report of the August 5, 2013 Plan Commission meeting. 2. Request from Richard Bierman, representing the property owner, to rezone 3640 Northpoint Drive (Parcel ID: ) from "R-5" Multi-Family II to "B-4" Commercial. 3. Request from Richard Bierman, representing the property owner, for a modification from landscaping standards at 3700 Northpoint Drive (Parcel ID ). 4. Approval of Concept Plan for East Park Commerce Center Planned Industrial Development Zoning District. 5. Request from Service Cold Storage, LLC for a site plan review of the proposed cold storage warehouse at 5700 E.M. Copps Drive (portion of Parcel ID ). 6. Request from the City of Stevens Point to add a 100 foot wide extension of E.M. Copps Drive on the Official Street Map of the City of Stevens Point. Such area starts approximately at the intersection of Week Street and E.M. Copps Drive and extends east for approximately 1,926 feet. 7. Request from the City of Stevens Point to add a 50 foot wide extension of Third Street on the Official Street Map of the City of Stevens Point. Such area starts approximately at the intersection with Main Street and continues north to its intersection with CenterPoint Drive. 8. Request from the City of Stevens Point to add a 60 foot wide extension of Strongs Avenue on the Official Street Map of the City of Stevens Point. Such area starts approximately at the intersection with Main Street and continues north to its intersection with CenterPoint Drive. 9. Adjourn. 1. Report of the August 5, 2013 Plan Commission meeting. Motion by Alderperson Moore to approve the report of the August 5, 2013 meeting; seconded by Commissioner Cooper. Motion carried Request from Richard Bierman, representing the property owner, to rezone 3640 Northpoint Drive (Parcel ID: ) from "R-5" Multi-Family II to "B-4" Commercial. Director Ostrowski stated this is the parcel north of the new Honda facility that is going to be placed at the corner of Northpoint and Stanley, and between the church and the dealership. He continued Page 1 of 6 19

20 stating it is an odd parcel in that it will likely not be developed as office or a multi-family use, therefore, staff recommends approval one of the zoning change request. Motion by Commissioner Patton to approve the rezoning of 3640 Northpoint Drive (Parcel ID ) from R-5 Multi-Family II to B-4 Commercial; seconded by Commissioner Curless. Commissioner Patton asked if there were any thoughts on changing the curve in the road regarding this development. Lorelei Walczak, 3628 Stanley Street, questioned whether repair to Northpoint Drive regarding the potholes and the narrowness of the road would occur. Mayor Halverson stated the applicant would not be responsible for this work, but the city would prioritize that repair project along with others throughout the City. Alderperson Moore commented the rezoning would cure the spot zoning in that area and appears to be an element that does not belong there now. Mayor Halverson commented that it is a good thing to utilize this area, and address the concerns for lighting, minimizing lighting towards the interstate and away from the homes. Motion carried Request from Richard Bierman, representing the property owner, for a modification from landscaping standards at 3700 Northpoint Drive (Parcel ID ). Director Ostrowski explained with the new dealership, they will be doing a good amount of landscaping surrounding the property and internal landscaping, however they are asking for a modification to the current requirements, which require continuous screening of the parking lot as well as street trees or parking lot trees. He continued stating, specifically in this request they are asking to deviate from tree counts as well as the continuous screening on the southeast corner, north and northwest part of the property. Director Ostrowski stated the parcel to the north is institutional in use and is zoned residential, therefore, code requirements would require that area to be fully screened, as well as on the western side of the property including the bend in the road abutting the street, and the portion on the southeast corner would have to be screened because it abuts a street. He stated in reviewing the request, staff does not have any concerns with the southeast portion of the lot as the viewable sales for the vehicles warrants limited screening, however, the northern part of the parcel as well as the western half especially by the bend around Northpoint Drive, should be screened. Lastly, the director described that tree specifications along the northern half and northwest side should be met as there are no vehicles that are proposed to be parked directly adjacent to the property. Regarding the internal landscaping, they are close to the 2% code requirement. Mayor Halverson concurred with the directors comments. Page 2 of 6 20

21 Alderperson Moore asked if this is the final plan submitted, to which Director Ostrowski stated this is the plan they have submitted, and our recommendations are on page 3 of 3 in the staff report. Commissioner Haines clarified that it was not in the plan submitted to staff, but in the staff report, to which Director Ostrowski stated yes and that staff does not have any concerns with the deviation on the southeastern portion of the lot as well as the street/parking lot trees for the western and southern half of the lot. Commissioner Curless asked who enforces this, to which Director Ostrowski stated the Community Development Department. Motion by Commissioner Patton to approve the modification from landscaping standards at 3700 Northpoint Drive (Parcel ID ) with the following conditions: Tree specification requirements per City Ordinance shall be met along the northwestern and northern property boundaries. Continuous landscape screening per City Ordinance shall be required on the northwest and northern property boundaries as well as, along the curve of Northpoint Drive. seconded by Alderperson Moore. Motion carried Approval of Concept Plan for East Park Commerce Center Planned Industrial Development Zoning District. Director Ostrowski explained since this is a Planned Industrial Development District a concept plan needs to be created to make sure developments that come in are consistent with the overall plan for the area. He continued stating this plan shows the backbone roads within the 760 acre area and includes a rail spur for additional lots to be created on the northern and northeastern part of the property. Furthermore, it identifies the overpass for Burbank Road. Director Ostrowski continued stating that as development occurs at the western half of this park, we want to make sure to preserve areas where we can continue to move east and not jeopardize the rail spur or road network. Commissioner Haines asked if the yellow lines designated the rail, to which Director Ostrowski stated yes, it may go south as it gets away from the main lines and service a number of other sites. Mayor Halverson added potentially there may be some deviation of some of the roads as development occurs, but generally speaking this would be the overall layout of those main arterial collectors to feed the traffic out to Burbank Road and to Highway HH. Director Ostrowski added that throughout this process you will see as with the next agenda item the developers will bring in a site plan and we would review it based off of this concept we have adopted. Page 3 of 6 21

22 Commissioner Patton stated we will not be building the roads right away, so we will not be trapped, to which Director Ostrowski stated correct. Mayor Halverson added we are trying to be as flexible as possible with this kind of acreage and only building out the infrastructure on a project by project basis. Motion by Commissioner Cooper to approve the Concept Plan for East Park Commerce Center Planned Industrial Development Zoning District; seconded by Commissioner Curless. Motion carried Request from Service Cold Storage, LLC for a site plan review of the proposed cold storage warehouse at 5700 E.M. Copps Drive (portion of Parcel ID ). Director Ostrowski explained this is the 27 acre parcel that we have come familiar with over the past few meetings, located in the East Park Commerce Center. Service Cold Storage is proposing to construct a freezer warehouse for the first phase as well as a potential future freezer warehouse as an addition. He added there is a significant setback from the future E.M. Copps drive of about 250 feet to provide for stormwater detention areas. Staff feels that the site plan is consistent with the concept plan that was recently adopted, but would like to see, in the truck and trailer storage area at the most southern area, decorative fence screening or a berm of at least 6 feet with landscaping. Some additional landscaping in the front by the storm water detention area and on the western side of the lot is also recommended. Commissioner Haines clarified the parcel is the blue outlined area in the map provided in the staff report, to which Director Ostrowski confirmed. Director Ostrowski said if you take E.M. Copps and extend it east it would be the northern part of the parcel. Mayor Halverson added the remaining 7 acres to the south of E.M. Copps Drive extended will be retained by the city to hopefully be available for more industrial developments. Commissioner Patton asked if it would be better for them to leave a row of trees than trying to build a fence, to which Director Ostrowski explained we are looking for screening to the south and west. Commissioner Haines asked about the long piece of land along the extended E.M. Copps Drive, to which Mayor Halverson stated it is owned by the City of Stevens Point and it can accommodate a 6,000-10,000 square foot building with parking spaces on each of the three and half acre parcels. Director Ostrowski commented it is nice that they have positioned the building to have the decorative office space face the entrance of the park, which is visible from the renderings provided. Commissioner Haines asked if they would build on the entire forested parcel, to which Director Ostrowski stated yes. Mayor Halverson added roughly the first section will be built immediately, allowing for future expansion to the east. Director Ostrowski explained if you look at the second page of the 11 x 17 maps provided you will see were the current forest is compared to the building. Page 4 of 6 22

23 Commissioner Patton asked if there was a choice to leaving the trees, or putting up a fence, to which Mayor Halverson stated the trees are already gone. Commissioner Patton clarified so we are assuming the trees are gone, and so we would have them put up a fence, to which Director Ostrowski stated a decorative fence or a 6 foot berm with landscaping. Mayor Halverson added if we accept the staff recommendations, the flexibility and balance that we have to keep in mind is what really is a true industrial park and the level of landscaping we want to require verses being more flexible and getting away from some of those requirements which has been an inhibitor to growth within the Portage County Business Park. He continued stating balance has to occur of the industrial character of that park with some aesthetics as we move forward. Commissioner Haines asked for clarification on what staff has recommended. Director Ostrowski clarified that a 6 foot berm is recommended to be installed south of the truck and trailer storage area found directly south of the building. Furthermore, street trees and additional landscaping is recommended as well, in front of the detention basins. Commissioner Haines asked what was meant by decorative fencing, to which Director Ostrowski explained a decorative wooden fence or metal fence, not a chain link fence. Commissioner Haines asked if a berm with landscaping on it could be installed, to which Director Ostrowski stated yes. Mayor Halverson added in looking at the plan, reasonable screening is provided which would be quite full at maturity height and would be adequate, however, if we want to be more aggressive we can add staff recommendations. Commissioner Haines asked if we would ask them to keep a line of trees, to which Mayor Halverson restated the trees are already gone. Director Ostrowski added if we left the trees on the east side of the lot, they would have to remove them when they expand anyway. Motion by Commissioner Haines to approve the site plan review of the proposed cold storage warehouse at 5700 E.M. Copps Drive (portion of Parcel ID ) with the following conditions: Landscaping screening shall be installed to screen additional new parking within 6 months of the completion of any addition or expansion. The southern trailer parking area shall be screened with a berm (minimum of 6 feet) with landscaping. Additional landscape screening, to be approved by staff, shall be installed along the southern and western property lines, as well as along the sides of the parking areas. Street trees shall be installed along the street at a rate of 1 per every 75 lineal feet. Landscaping shall be irrigated and maintained in perpetuity. Stormwater detention areas shall be maintained. seconded by Commissioner Curless. Motion carried Request from the City of Stevens Point to add a 100 foot wide extension of E.M. Copps Drive on the Official Street Map of the City of Stevens Point. Such area starts approximately at the intersection of Week Street and E.M. Copps Drive and extends east for approximately 1,926 feet. Page 5 of 6 23

24 Motion by Alderperson Moore to approve the request from the City of Stevens Point to add a 100 foot wide extension of E.M. Copps Drive on the Official Street Map of the City of Stevens Point. Such area starts approximately at the intersection of Week Street and E.M. Copps Drive and extends east for approximately 1,926 feet. Seconded by Commissioner Cooper. Commissioner Haines asked what was the purpose of the wide right-of-way, to which Mayor Halverson stated for semi-truck traffic and the overall nature of the amount of traffic that could be generated in that area. Commissioner Haines then asked how many lanes were planned, to which Mayor Halverson it would accommodate four lanes potentially, but the initial build out would be two lanes. Furthermore, easements for sidewalks, bike paths, and utilities can be accommodated. Motion carried Request from the City of Stevens Point to add a 50 foot wide extension of Third Street on the Official Street Map of the City of Stevens Point. Such area starts approximately at the intersection with Main Street and continues north to its intersection with CenterPoint Drive. Mayor Halverson explained this is not a city street right now. Director Ostrowski added it is currently CDA property that needs to be recorded on the official street map. Motion by Alderperson Moore to approve the request from the City of Stevens Point to add a 50 foot wide extension of Third Street on the Official Street Map of the City of Stevens Point. Such area starts approximately at the intersection with Main Street and continues north to its intersection with CenterPoint Drive. Seconded by Commissioner Patton. Motion carried Request from the City of Stevens Point to add a 60 foot wide extension of Strongs Avenue on the Official Street Map of the City of Stevens Point. Such area starts approximately at the intersection with Main Street and continues north to its intersection with CenterPoint Drive. Mayor Halverson explained this request involves creating a city street that will run around Shopko. Commissioner Haines asked why the width was chosen, to which Director Ostrowski stated the space exists for the proposed width and it matches the existing width of Strongs Avenue. She then asked if there would be street parking, to which Mayor Halverson stated potentially. Commissioner Curless asked if it would be a two-way street, to which Director Ostrowski stated yes. Mayor Halverson stated this will be as close as we can come to the second reinstituting of the north south ingress/egress of downtown which was disrupted by the mall s construction. He added this helps pedestrian movement and vehicular traffic north and south which is important. Motion by Alderperson Moore to approve the request from the City of Stevens Point to add a 60 foot wide extension of Strongs Avenue on the Official Street Map of the City of Stevens Point. Such area starts approximately at the intersection with Main Street and continues north to its intersection with CenterPoint Drive. Seconded by Commissioner Curless. Motion Carried Adjourn. Meeting Adjourned 6:26 PM. Page 6 of 6 24

25 ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN [3640 NORTHPOINT DRIVE] The Common Council of the City of Stevens Point, Portage County, Wisconsin, do ordain as follows: SECTION I: That the Zoning Ordinance of the Revised Municipal Code of the City of Stevens Point shall be amended to reclassify the following described territory from R-5 Multi-Family II to B-4 Commercial: 3640 Northpoint Drive (Parcel ID ), described as LOT 2 CSM # BNG PRT SW SW S22 T24 R8, City of Stevens Point, Portage County, Wisconsin. SECTION II: That this ordinance shall take effect upon passage and publication. Approved: Andrew J. Halverson, Mayor Attest: John Moe, City Clerk Dated: September 16, 2013 Adopted: September 16, 2013 Published: September 20,

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