CITY OF PORT WASHINGTON COMMON COUNCIL MEETING Tuesday, October 17, 2017, 7:30 P.M., City Hall AGENDA
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1 CITY OF PORT WASHINGTON COMMON COUNCIL MEETING Tuesday, October 17, 2017, 7:30 P.M., City Hall AGENDA 1. ROLL CALL 2. PLEDGE ALLEGIANCE TO THE FLAG 3. CONSENT AGENDA A. Approve Minutes Of Previous Meeting B. Approve Original Operator License Applications 4. MAYOR S BUSINESS A. Update Regarding North Breakwater Lighthouse Run/Walk Fundraiser 5. OFFICERS /STAFF REPORT A. Update On Sale Of City Lots On Grant Street 6. PUBLIC COMMENTS/APPEARANCES Your comments are welcome. Please limit your discussion to 3 minutes. If you need more time, please contact the City Administrator and request that your topic be placed on the City Council Agenda. 7. COMMITTEES A. FINANCE AND LICENSE COMMITTEE 1. Approval Of Original Class B Combination Alcohol License Application (201 W. Grand Avenue) 8. BOARDS/COMMISSIONS
2 Common Council Meeting October 17, 2017 Page 2 9. UNFINISHED BUSINESS 10. NEW BUSINESS A. Approve Resolution Acceptance Of Lions Centennial Pavilion B. Approve Amendment To Subdivision Agreement Between The City Of Port Washington And B & N Development, LLC (Greystone Subdivision) 11. FORTHCOMING EVENTS 12. PUBLIC COMMENTS/APPEARANCES 13. MOTION TO CONVENE IN CLOSED SESSION PER WIS. STAT (1)(e), FOR THE PURPOSE OF DELIBERATING THE INVESTMENT OF PUBLIC FUNDS TO SUPPORT THE RETENTION OF AND/OR ECONOMIC REDEVELOPMENT OPPORTUNITIES FOR A RETAIL GROCERY BUSINESS LOCATED AT 101 W. SEVEN HILLS ROAD, PORT WASHINGTON, WI (CURRENTLY D/B/A SANFILIPPO S SENTRY FOODS), AND TO DEVELOP NEGOTIATING STRATEGIES FOR FUTURE BARGAINING WITH OTHER PARTIES INVOLVED IN THE LEASING OF SAID PREMISES. 14. RECONVENE IN OPEN SESSION. 15. POSSIBLE ACTION ON ANY MATTER(S) DISCUSSED IN CLOSED SESSION. 16. ADJOURNMENT Persons with disabilities requiring special accommodations for attendance at the meeting should contact the City Clerk at least one (1) business day prior to the meeting. Please note: It is possible that one or more members, and possibly a quorum of members, of other governmental bodies of the municipality may be in attendance at the above meeting to gather information. No action will be taken by any other governmental body at this meeting except by the governing body noticed above. State ex rel. Badke v. Village Board, 173 Wis. 2d 553 (1993).
3 MINUTES CITY OF PORT WASHINGTON COMMON COUNCIL MEETING Tuesday, October 3, 2017, 7:30 P.M., City Hall 1. ROLL CALL- A duly convened meeting of the Common Council was called to order at 7:30 p.m. by Mayor Tom Mlada. Council members present: Aldermen Mike Ehrlich, Paul Neumyer, Michael Gasper, Jonathan Pleitner, Dave Larson and John Sigwart. Also present: City Engineer Rob Vanden Noven, City Planner Randy Tetzlaff, City Attorney Eric Eberhardt, City Administrator Mark Grams and City Clerk Susan Westerbeke. 2. PLEDGE ALLEGIANCE TO THE FLAG- The Pledge of Allegiance was recited. 3. CONSENT AGENDA A. Approve Minutes Of Previous Meeting B. Approve Original Operator License Applications MOTION MADE BY ALDERMAN EHRLICH, SECONDED BY ALDERMAN PLEITNER TO APPROVE THE MINTUES OF THE PREVIOUS MEETING AS PRESENTED AND ORIGINAL OPERATOR LICENSES OF NATHAN KITZEROW AND ERIN SCHOLZ AS PRESENTED. Motion carried unanimously. 4. MAYOR S BUSINESS A. Update Regarding North Breakwater Lighthouse Run/Walk Fundraiser- Mayor Mlada announced that December 2 nd there will be a run/walk to raise funds for lighthouse preservation. This coincides with Christmas On The Corner event that evening. B. Consideration And Approval Of Funding For City Economic Development Videos- The Mayor reported on the video project which includes four businesses and students from the school district. The City Administrator reported on the funds available for this project. Funds will be available in the Contingency Fund. MOTION MADE BY ALDERMAN LARSON, SECONDED BY ALDERMAN PLEITNER TO APPROVE THE FUNDING FOR THE ECONOMIC DEVELOPMENT VIDEOS AS PRESENTED. Motion carried unanimously. 5. OFFICERS /STAFF REPORT A. Update On Street Projects- None. 6. PUBLIC COMMENTS/APPEARANCES Your comments are welcome. Please limit your discussion to 3 minutes. If you need more time, please contact the City Administrator and request that your topic be placed on the City Council Agenda.- None. 7. COMMITTEES A. FINANCE AND LICENSE COMMITTEE 1. Approval Of Event Permit Application (Port Washington Main Street Harvest At The Market)- Alderman Larson reported on the event, which will be held on October 28, 2017 in the cul du sac next to Dockside Deli. MOTION MADE BY ALDERMAN LARSON, SECONDED BY ALDERMAN EHRLICH TO APPROVE THE EVENT PERMIT FOR PORT WASHINGTON MAIN STREET HARVEST AT THE MARKET EVENT ON OCTOBER 28, 2017 AS PRESENTED. Motion carried unanimously. 8. BOARDS/COMMISSIONS- None. 9. UNFINISHED BUSINESS A. Update And/Or Possible Action Regarding Cost Estimates For Restoration Of North Slip Sheet Piling Tie-Backs- The City Engineer reported on the two estimates received for the proposed project from Terra Engineering and Super Excavators. Discussion was held on the purpose of delaying the consideration of this item and then just monitor the wall. MOTION MADE BY ALDERMAN SIGWART, SECONDED BY ALDERMAN GASPER TO POSTPONE THE DECISION OF THIS ITEM UNTIL THE OCTOBER 17 TH COUNCIL MEETING. Discussion was held on the purpose of the delay to this consideration. VOTE TAKEN: AYE: 2, NOES: 4 (EHRLICH, NEUMYER, PLEITNER, LARSON). Motion Fails. MOTION MADE BY ALDERMAN GASPER, SECONDED BY ALDERMAN SIGWART TO TAKE NO ACTION AND MONITOR THE WALL. Discussion was held on just monitoring the wall and also the liability to the City if nothing is done now knowing the issue exists. Attorney Eberhardt apprised the Council of the potential liability, now that we are aware of the tie back and deadman issues, regardless of the development, the Council should address this issue legally speaking. VOTE TAKEN ON THE CURRENT MOTION, AYE: 2, NOES: 4 (EHRLICH, NEUMYER, PLEITNER, LARSON) Motion Fails.
4 Common Council Meeting October 3, 2017 Page 2 MOTION MADE BY ALDERMAN LARSON, SECONDED BY ALDERMAN PLEITNER TO APPROVE CONCEPT B AS A NEW DESIGN SOLUTION TO BE PUT OUT FOR BID AS PRESENTED. VOTE TAKEN; AYE: 4, NOES: 2 (GASPER, SIGWART) Motion carried. AGENDA TAKEN OUT OF ORDER, ITEM 10. C. TAKEN HERE 10. NEW BUSINESS A. Approve Amendment To Offer To Purchase (With Addendum A-1) Between The City And The Blues Factory Inc.- The City Attorney reviewed both the Addendum A-1 and Amendment No. 2 of the Development Agreement item below together. Gertjan van den Broek, the developer, was present to review the discussions that were held during the meetings that were held when drafting the documents. Attorney Bruce McIllnay was present with the developer to address questions on the documents. Alderman Gasper expressed concerns over possible riparian rights over the public right-of-way. MOTION MADE BY ALDERMAN EHRLICH, SECONDED BY ALDERMAN LARSON TO APPROVE THE AMENDMENT TO OFFER TO PURCHASE WITH ADDENDUM A-1 TO INCLUDE THE DEVELOPER AGREEMENT WAIVING ANY FUTURE RIPTARIAN RIGHTS TO THE PUBLIC WALKWAY AND AMENDMENT NO. 2 TO THE DEVELOPERS AGREEMENT AS PRESENTED. Further discussion was held on the cost estimates of the tie backs. ALDERMAN LARSON CALLED THE QUESTION, SECONDED BY ALDERMAN NEUMYER. AYE: 4, NOES: 2 (GASPER, SIGWART) Motion carried. FIRST MOTION RESTATED BY THE MAYOR VOTE TAKEN, AYE: 4, NOES: 2 (GASPER, SIGWART) Motion carried. B. Approve Amendment No. 2 to The Development Agreement Between The City And TBF Development, LLC- This item was taken with 10. A., see above. C. Approve Development Agreement Between The City And Cedar Vineyard, LLC- The City Administrator reported this agreement involves TIF 3 and the County, which has reviewed it. The City will run the utilities from Division St. down CTH C to the development site. The City will also handle repairs to CTH C as needed, pathways to the walking trails, public parking on CTH C for the trail, public restrooms and the lift station. Developer Tom Swartwout was present to answer questions on the project. MOTION MADE BY ALDERMAN EHRLICH, SECONDED BY ALDERMAN SIGWART TO APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND CEDAR VINEYARD, LLC SUBJECT TO APPROVAL OF EXHIBITS BY CITY STAFF AND THE CITY ATTORNEY. Further discussion was held. VOTE TAKEN. Motion carried unanimously. 11. FORTHCOMING EVENTS- The Mayor and Aldermen reported on various upcoming events. 12. PUBLIC COMMENTS/APPEARANCES- 1. Kimberly Haskell, 767 W. Grand Avenue- Thanked Alderman Gasper for bringing up TIF No. 2 and why developers need incentives to come here. 2. John Sigwart, 230 Theis Street- The Offer To Purchase that was done with the first developer for the Blues Factory. Regarding the current developer of the Blues Factory, the City should have put it out for RFP again. 3. Bruce McIllnay, Blues Factory Attorney- Responded to John Sigwart that the developer has not changed, the Blues Factory Inc. and TBF LLC is the same entity. The developer is Gertjan van den Broek who is also the majority shareholder. 13. ADJOURNMENT- MOTION MADE BY ALDERMAN PLEITNER, SECONDED BY ALDERMAN EHRLICH TO ADJOURN THE MEETING AT 10:22 P.M. Motion carried unanimously.
5 MINUTES CITY OF PORT WASHINGTON SPECIAL COMMON COUNCIL MEETING Tuesday, October 10, 2017, 5:30 P.M., City Hall 1. ROLL CALL- Mayor Mlada called the meeting to order at 5:30 p.m. Present were Aldermen Mike Ehrlich, Michael Gasper, Jonathan Pleitner, Dave Larson and John Sigwart. Absent and excused was Alderman Paul Neumyer. Also present was City Planner Randy Tetzlaff, City Attorney Eric Eberhardt and City Administrator Mark Grams. 2. MOTION TO CONVENE IN CLOSED SESSION PER WIS. STAT (1)(e), FOR THE PURPOSE OF DELIBERATING THE INVESTMENT OF PUBLIC FUNDS TO SUPPORT THE RETENTION OF AND/OR ECONOMIC REDEVELOPMENT OPPORTUNITIES FOR A RETAIL GROCERY BUSINESS LOCATED AT 101 W. SEVEN HILLS ROAD, PORT WASHINGTON, WI (CURRENTLY D/B/A SANFILIPPO S SENTRY FOODS), AND TO DEVELOP NEGOTIATING STRATEGIES FOR FUTURE BARGAINING WITH OTHER PARTIES INVOLVED IN THE LEASING OF SAID PREMISES- Mayor Mlada read the closed session item on the agenda. MOTION MADE BY ALDERMAN LARSON, SECONDED BY ALDERMAN PLEITNER TO GO INTO CLOSED SESSION FOR THE REASONS STATED ON THE AGENDA. ROLL CALL VOTE TAKEN, AYE: 5 (EHRLICH, GASPER, PLEITNER, LARSON AND SIGWART). Motion carried unanimously. 3. RECONVENE IN OPEN SESSION- The meeting reconvened into open session at 6:45 p.m. 4. POSSIBLE ACTION ON ANY MATTER(S) DISCUSSED IN CLOSED SESSION- MOTION MADE BY ALDERMAN EHRLICH, SECONDED BY ALDERMAN PLEITNER TO DIRECT THE CITY ADMINISTRATOR, CITY ATTORNEY AND CITY STAFF TO PARTICIPATE IN NEGOTIATIONS WITH REPRESENTATIVES OF THE CURRENT LANDLORD AND/OR CURRENT AND PROSPECTIVE TENANTS AND SUPPLIER(S) OF THE RETAIL GROCERY STORE PREMISES AT 101 W. SEVEN HILLS ROAD, PORT WASHINGTON, REGARDING THE POSSIBLE INVESTMENT OF PUBLIC FUNDS TO SUPPORT THE RETENTION OF, AND ECONOMIC REDEVELOPMENT OPPORTUNITIES FOR A GROCERY BUSINESS AT SAID LOCATION AND TO PRESENT OPTIONS FOR REVIEW, CONSIDERATION AND POSSIBLE ACTION BY THE COMMON COUNCIL ON OCTBER 17, Motion carried unanimously. 5. ADJOURNMENT- MOTION MADE BY ALDERMAN PLEITNER, SECONDED BY ALDERMAN EHRLICH TO ADJOURN THE MEETING AT 6:47 P.M. Motion carried unanimously.
6 Report To Finance & License Committee and Common Council For Licenses To Be Approved Prepared By: Susan Westerbeke Date: 10/17/2017 CONSENT AGENDA Original Operator License Applications 1. Colleen Carle (record check approved) 2. Gary Reszczynski (record check approved) 3. Dakota Manske (deferred to allow applicant to appear) (See Report in Packet) 7. A. 1. Original Class B Combination Alcohol License Application Rascals Port LLC d/b/a Rascals Port, James A. Baade-Agent at 201 W. Grand Avenue
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9 CITY OF PORT WASHINGTON City Council (Committee) (Commission) (Board) Agenda Discussion Item Agenda Item: Original Alcohol License Application For Rascals Port LLC d/b/a Rascals Port at 201 W. Grand Avenue., James A. Baade-Agent Prepared By: Susan Westerbeke Date: 10/13/ Background Information (Attach Additional Sheets If Necessary): I have received an Original Alcohol License Application for a Class B Combination license for Rascals Port LLC d/b/a Rascals Port at 201 W. Grand Avenue (formerly Lutzen s Tavern). James A. Baade will be agent at the establishment. The Applicant has experience in owning and operating bars including being Agent for Rascals on Murray Avenue and currently Ken Elliot s on Juneau Ave. in the City of Milwaukee. All required documents have been submitted to me and are complete. The police background check has been completed and application approved for issuance by Chief Hingiss. Budget Ramifications (if any): Staff Recommendation: Recommend approval of the application as presented. (Committee) (Commission) (Board) Recommendation: The Finance & License Committee will take up this application at its Committee meeting prior to the Council meeting. M:\CITY SHARED FILES\Administrative\Agendas & Minutes\COMMON COUNCIL\2017\October 2017\Report- Original Alcohol License Application.doc
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