Mayor Mike Wiza, Presiding
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1 CITY OF STEVENS POINT REGULAR COUNCIL MEETING Council Chambers June 19, 2017 County-City Building 7:00 P.M Church St ag Mayor Mike Wiza, Presiding PRESENT: OTHERS PRESENT: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. Attorney Beveridge, Clerk Moe, C/T Ladick, Dir. Schrader, Dir. Ostrowski, Dir. Lemke, Dir. Beduhn, Assessor Shepro, Asst. Police Chief Zenner, Asst. Fire Chief Baganz, Assistant Pazdernik, Nate Enwald, Portage County Gazette; Brandi Makuski, City Times. 2. Salute to the Flag and Mayor s opening remarks. Mayor Wiza highlighted various accomplishments from the last month including an Entrepreneur of the Year award for Sunset Point Winery, Stevens Point Transit receiving a Driving Incentive Award and Most Improved System award, Stevens Point Convention and Visitors Bureau received a J.E.M. grant from the State, and the Stevens Point Fire Department received an improved ISO rating. He also noted that Kerry Taylor retired after 22 years with the Fire Department and former Alderperson Elbert Rackow s is retiring after 20-plus years of service on the Transportation Commission. He also commended the entire Stevens Point community for their work recovering from last week s severe storm. 3. *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. Mayor Wiza reminded citizens to register at this time. 4. Persons who wish to address the Mayor and Council for up to three (3) minutes on a nonagenda item. Rick Whipp, 2016 Main Street; proposed that a portion of the revenues generated by the parking meters go to AODA programs and interpersonal violence prevention in order to make the community safer. He also commended the City and University for their Memorandum of Agreement, but stated more alcohol and violence prevention efforts need to be made. Margaret Travicke, 7527 Castle Lane, Custer, WI; expressed concern over the condition of sidewalks in the downtown area, citing individuals who had fallen or nearly fallen there. Mayor Wiza stated he would look further into the issue and return his findings to Ms. Travicke in the future.
2 Maya Alger, 2500 River Road, Junction City, WI; introduced the 9/11 Memorial Restoration Group consisting of students from Ben Franklin Jr. High School. She stated they were attempting to raise $10,000 to help fund a refurbishment of the Plover 9/11 Memorial. Remington Wisinski, 2421 Hickory Drive, Plover WI; mentioned special events would generate the funding for the refurbishment. Katie-Grace Embertson, 2541 Willow Drive, Plover, WI; added that the restoration group was learning about 9/11 through their fundraising efforts. Matthias Rudnick, 1835 Whitewater Cove, Plover, WI; stated more information about the restoration group could be found by searching for Plover 9/11 Memorial Restoration on facebook. 5. Kent Hall Presentation of the Bird City Wisconsin s High Flyer award. Kent Hall congratulated Stevens Point on earning the Bird City Wisconsin High Flyer award for the sixth year in a row. He added that efforts to expand the Bird City program to other states were developing because of its success in Wisconsin. Ald. Johnson asked if Stevens Point could reach a higher designation than High Flyer. Dr. Hall replied that although there was currently no higher award Stevens Point could attain within the Bird City Wisconsin program, the City should make greater efforts to identify and protect bird habitats before permitting development. 6. Curt Witynski, Wisconsin League of Municipalities Presentation on Green Tier Legacy Communities and League Updates. Curt Witynski introduced the Wisconsin League of Municipalities as an organization that advocates before the State Legislature on behalf of Wisconsin municipalities. He encouraged Stevens Point to apply for a Green Tier Legacy Communities membership because of the benefits to municipalities who intentionally support sustainability efforts. Mr. Witynski gave an update on the state budget process reporting that it was going well for municipalities, including progress on a bill initiated by C/T Ladick. Mayor Wiza described the efforts that the Wisconsin League of Municipalities has made on behalf of Wisconsin municipalities. Consideration and Possible Action on the Following: 7. Minutes of the Common Council meeting of May 15 and the Special Common Council meeting of May 22, Ald. Phillips moved, Ald. Slowinski seconded, to approve the minutes of the Common Council meetings of May 15 and May 22, Actions of the City Plan Commission meeting of June 5, Request from Bailey Voigt, representing the property owner, for a sign variance to install a wall sign above the signable area and beyond the total allowable signage at 1265 Main Street, Stevens Point.
3 Ald. Phillips moved, Ald. Slowinski seconded, to approve the actions of the City Plan Commission meeting of June 5, Resolution Conditional Use Permit Utilize Traditional Neighborhood Overlay District reduced setback standards to construct an addition onto the rear of the home at 508 Fourth Avenue, Stevens Point. Ald. Oberstadt moved, Ald. Johnson seconded, to approve the resolution for a Conditional Use Permit to reduce setback standards to construct an addition onto the rear of the home at 508 Fourth Avenue. Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. 10. Resolution Conditional Use Permit Utilize Traditional Neighborhood Overlay District reduced setback standards to construct a front porch at 1902 Dixon Street, Stevens Point. Ald. Johnson moved, Ald. Nebel seconded, to approve the resolution for a Conditional Use Permit to reduce setback standards to construct a front porch at 1902 Dixon Street. Call for the Vote: Ayes: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. 11. Resolution Conditional Use Permit Operate a Warming Shelter (temporary housing) at 1300 Main Street, Stevens Point. Tiffani Krueger, 1311 West River Drive, representing Evergreen Community Initiatives; reported the success the warming shelter had last year, including 3,000 volunteer hours worked and an average of 7.7 individuals served per night. Ald. Shorr moved, Ald. McComb seconded, to approve the resolution for a Conditional Use Permit to operate a warming shelter at 1300 Main Street. Ald. Jennings commended Ms. Krueger and the other volunteers of Evergreen Community Initiatives. Ald. Slowinski praised Evergreen Community Initiatives. Ald. Johnson applauded the work and dedication of Ms. Krueger. Mayor Wiza added that Ms. Krueger supported many programs in Stevens Point. Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings.
4 12. Ordinance Amendment Zoning Allow the use of Tourist Rooming Houses as a permitted or conditional use within the R-3 Single and Two-Family Residence Zoning District (Section 23.02(1)(e) of the RMC). Sara Brish, 340 Division Street North, representing the Stevens Point Area Convention and Visitors Bureau; spoke in favor of the ordinance amendment because of the need to address tourist rooming houses quickly. She stated tourist rooming houses were increasing in popularity and additional rooms were needed because of events held in Stevens Point. Mayor Wiza reported the City Plan Commission denied this ordinance because it was determined more time was needed to study the effect of tourist rooming houses in the currently permitted zones. Dir. Ostrowski stated the denial was also because the zoning code was currently being rewritten and should be ready in late 2017 or early Ald. Kneebone asked if the section of the zoning code related to tourist rooming houses could be finished early. Dir. Ostrowski stated the only way to permit the early completion suggested by Ald. Kneebone would be to amend the current ordinances, but such a change would be simpler and easier under the new formatting of the revised zoning code once it was completed. Mayor Wiza agreed with the City Plan Commission that this amendment should wait until after completion of the revised zoning code for consideration. Ald. Johnson advised that short term rentals were likely already taking place in this zone and legislation should address it as soon as possible. Mayor Wiza stated the City was aware these rentals were taking place and the public should be warned that little oversight currently occurs here and in other cities. Ald. McComb read a letter from Susan Kerbel whose request originated the proposed ordinance amendment. Ms. Kerbel stated there was a strong desire for non-traditional housing options and if these options were not permitted in Stevens Point visitors would stay elsewhere. Ald. Jennings asked if Ms. Kerbel would need a license and inspection if this motion passed. Dir. Ostrowski replied a Conditional Use Permit would be required and they would be inspected by the Portage County Health Department. Mayor Wiza asked if the Portage County Health Department checked for fire safety. Asst. Fire Chief Baganz replied they did not. Dir. Ostrowski stated if the amendment passed, safety concerns could be attached to a Conditional Use Permit, but there would be expenses associated with that process. Ald. Nebel asked if licenses currently existed for tourist rooming houses. Dir. Ostrowski replied no such licensing program currently existed, and would instead be addressed by Conditional Use Permits.
5 Ald. Nebel asked if rooming tax fees needed consideration. Dir. Ostrowski replied that was correct. Ald. Dugan cautioned against the unintended consequences of permitting tourist rooming houses in single family neighborhoods. Ald. Morrow agreed with the City Plan Commission that six months would not be too long to wait to address the pressing topic of expanding tourist rooming houses to other zones. Ald. Johnson did not think the City should wait to regulate the safety hazards that could arise from unregulated short term rentals. Ald. Phillips moved, Ald. Dugan seconded, to deny the ordinance amendment to allow the use of tourist rooming houses as a permitted or conditional use within the R-3 Single and Two-Family Residence Zoning District. Ald. Phillips wanted to wait six months to ensure the City took the steps necessary to legislate tourist rooming houses properly. Ald. Jennings expressed a desire to encourage innovation and economic development by supporting the proposed ordinance amendment. Ald. McComb stated the proposed zoning expansion would be to neighborhoods desirable to visitors. Ald. Slowinski did not want to rush the process of expanding permitted tourist rooming houses to other zones. Ald. Nebel desired more time to address rooming taxation. Ald. Oberstadt was in favor of short term rentals but wanted the City to have time to work through regulation complications. Mayor Wiza agreed that the short term rental trend would continue but stated the integrated new zoning code would better regulate it. Ald. Dugan mentioned extra time would be helpful to confer with constituents. Ald. Kneebone expressed her desire to expand short term rentals as quickly as possible but also noted the need to consider how to extend them to other zones. Call for the Vote: Ayes: Ald. Shorr, Nebel, Oberstadt, Slowinski, Kneebone, Dugan, Phillips, Morrow. Nays: Ald. Jennings, Johnson, McComb. Motion adopted. 13. Ordinance Amendment Uniform Sign Create a provision for wall signs outside of the signable area (Section (8)(D) of the RMC). Ald. Kneebone moved, Ald. Nebel seconded, to approve the ordinance amendment to create a provision for wall signs outside of the signable area.
6 Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. 14. Ordinance Amendment Zoning Increase residential driveway width standards and permit widening of the driveway within the front yard setback (Section 23.01(14) of the RMC). Ald. Slowinski moved, Ald. Oberstadt seconded, to approve the ordinance amendment to increase residential driveway width standards and permit widening of the driveway within the front yard setback. Ald. Nebel asked why this amendment was being considered before the completion of the zoning rewrites. Dir. Ostrowski replied that the current ordinance created significant problems for driveways with multicar garages, particularly on smaller urban properties. Ald. Nebel expressed concern that rental owners would take advantage of expanded pavement. Dir. Ostrowski stated pavement expansion would have limitations. Ald. McComb asked if a paved driveway without a garage was permitted. Dir. Ostrowski replied that was permitted. Ald. Jennings expressed concern that landlords would exploit a permitted expansion of driveways. She asked why this amendment was being considered now when the previous ordinance was denied partly because of the impending completion of zoning rewrites. Dir. Ostrowski clarified that the delay for the short term rental was partly due to its complexity compared to the simple correction for the driveway amendment. He stated rental units would still have Conditional Use standards to prevent driveway exploitation. Ald. Oberstadt mentioned her driveway did not have a garage and the timing of this ordinance was also because driveway work was seasonal. Ald. Kneebone thought this driveway ordinance amendment would likely stay unaltered when transitioned into the revised zoning code. Ald. Nebel stated District 1 and District 3 in particular have parking violation problems with rental units. Dir. Ostrowski stated the proposed amendment would include paving limitations in the front yard not currently present in the ordinance. Ald. Nebel asked if there was a minimum distance between a driveway and a neighbor s property. Dir. Ostrowski replied it was three feet. Ald. Johnson expressed concern over losing green space due to increased driveways and occupancy. Ald. Dugan was concerned that properties would have too many vehicles and lose green space. Call for the Vote: Ayes: Ald. Shorr, Oberstadt, Slowinski, McComb, Phillips, Morrow.
7 Nays: Ald. Jennings, Nebel, Johnson, Kneebone, Dugan. Motion adopted. 15. Minutes and actions of the Board of Public Works meeting of June 12, Ald. Slowinski moved, Ald. Kneebone seconded, to approve the minutes and actions of the Board of Public Works meeting of June 12, Ordinance Amendment Traffic No Parking on sections of Crosby Avenue, Franklin Street and Portage Street (Section 9.05 (g) and 9.05 (j) of the RMC). Ald. Oberstadt moved, Ald. Phillips seconded, to approve the ordinance amendment to create No Parking on sections of Crosby Avenue, Franklin Street and Portage Street. Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. 17. Public Hearing Special Assessment fo r a section of Maria Drive for s idewalk, curb and gutter reconstruction. Mayor Wiza declared the public hearing open. As no one wished to speak, Mayor Wiza declared the public hearing closed. 18. Final Resolution Special Assessment fo r a section of Maria Drive for s idewalk, curb and gutter reconstruction. Ald. Oberstadt moved, Ald. Jennings seconded, to approve the final resolution for a special assessment for a section of Maria Drive for sidewalk, curb and gutter reconstruction. Call for the Vote: Ayes: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. 19. Minutes and actions of the Personnel Committee meeting of June 12, Contracting with Springsted for position classification placement for newly created positions and reclassification requests. 2. Amendment to Administrative Policy 2.05 Position Reclassifications. 3. New Position Requests: Parks (Assistant Facilities Supervisor), Engineering (GIS/Engineering Technician). 4. Request for employment overlap for the Facilities Supervisor position. Mayor Wiza mentioned that Ald. Shorr provided additional language for the amendment to Administrative Policy Ald. Shorr stated Ald. McComb requested an additional change to Item 1, Section B of the Position Reclassifications by inserting and permanent. This section would now read, All requests for reclassification with a substantial and permanent change in job duties and responsibility
8 Ald. Shorr moved, Ald. Morrow seconded, to approve the minutes and actions of the Personnel Committee meeting of June 12, 2017 including the revision of the amendment to the Administrative Policy. Ald. Johnson disliked the proposed version of the Administrative Policy, specifically wanting the phrase more of the same level of work removed. She also wanted transparency in the review process by having reviews come before the Personnel Committee and not an outside party. Ald. Shorr offered to have more of the same level of work removed from the document. Ald. Johnson asked if her proposed adjustment to the review process could be accommodated as well. Atty. Beveridge cautioned against making too many changes to the document verbally at the Common Council meeting. Mayor Wiza considered it appropriate to send the Administrative Policy back to the Personnel Committee to be rewritten with Ald. Johnson s suggestions in mind. Ald. Shorr withdraws his motion to approve the minutes and actions of the Personnel Committee meeting of June 12, 2017 including the revision of the amendment to the Administrative Policy. Ald. Johnson moves, Ald. Shorr seconded, to approve the minutes and actions of the Personnel Committee meeting of June 12, 2017 with the exception of sending Item 2 back to the Personnel Committee to be rewritten. Call for the Vote: Ayes: Ald. Morrow, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. Nays: Ald. Phillips. Motion adopted. 20. Minutes and actions of the Public Protection Committee meeting of June 12 and the minutes of the Special Public Protection Committee meeting of May 15, License List. 2. Requests to hold Special Events/Street Closures. Ald. Oberstadt moved, Ald. Morrow seconded, to approve the minutes and actions of the Public Protection Committee meeting of June 12 and the minutes of the Special Public Protection Committee meeting of May 15, Authorization to apply to the Green Tier Legacy Community Charter. Mayor Wiza thanked Ald. McComb and Ald. Shorr for their work supporting sustainability in Stevens Point. He stated this program would be a great opportunity for more resources in the effort. Ald. Shorr clarified that this was a separate program from Eco-Municipalities. He described it as a great practical framework that includes some practices that Stevens Point already performs. Ald. Shorr moved, Ald. Johnson seconded, to authorize an application to the Green Tier Legacy Community Charter.
9 Ald. Johnson thanked Mayor Wiza and Ald. Shorr for their time researching Green Tier Legacy Communities. She looked forward to working toward the benchmarks set by the Green Tier Legacy Community Charter. Ald. Morrow asked if this Charter would commit Stevens Point to all of its guidelines. Mayor Wiza replied that was not the case. He stated Stevens Point would continue the sustainability efforts it already performs and strive to reach the benchmarks laid out in the Charter utilizing resources it provides. Ald. Morrow expressed concern that the Charter might lead to excessively prioritizing infilling despite the City s need to expand. Mayor Wiza reaffirmed the City s need to expand as well as to infill. Ald. Dugan expressed enthusiasm for this program and considered it to be a wonderful practical plan to follow. Ald. McComb wondered if it was possible to transfer progress from the Eco-Municipality program to this program and encouraged the City to create a sustainability committee. Mayor Wiza stated the directors on the City staff were already supporting sustainability efforts and a committee could be considered in the future. Call for the Vote: Ayes: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. 22. Minutes and actions of the Finance Committee meeting of June 12, Contract with Steven Shepro, doing business as Forward Appraisal, for assessment services. 5. Authorization for direct procurement of parking kiosks under the state contract. 6. Approval of Payment of Claims. Ald. Phillips moved, Ald. Kneebone seconded, to approve the minutes and actions of the Finance Committee meeting of June 12, Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. 23. Claim - Notice of Circumstances of Claim & Claim for Damages: Carol Laskowski Tire Damage. Atty. Beveridge told the Council that the City was not liable for pothole damage as long as the City took steps to repair them. Ald. Morrow moved, Ald. Nebel seconded, to deny the claim by Carol Laskowski.
10 Call for the Vote: Ayes: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. 24. Claim - Notice of Circumstances of Claim & Claim for Damages: Conduent Payment Integrity Solutions on behalf of Cigna-Injury at the Willett Ice Arena (Zachary Rosado/Efrain Rosado). Atty. Beveridge reported the claim was filed by a third party and the City had recreational immunity and there was no negligence involved. C/T Ladick stated the third party seemed to be looking for money through claims without the original party. Ald. Jennings moved, Ald. Johnson seconded, to deny the claim by Conduent Payment Integrity Solutions on behalf of Cigna-Injury. Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone, Slowinski, Johnson, Oberstadt, Nebel, Shorr, Jennings. 25. Settlement Agreement Various individual claimants regarding alleged impacts to privately owned wells attributable to the City s Well 11. Ald. Phillips moved, Ald. McComb seconded, to approve the settlement agreement for various individual claimants regarding alleged impacts to privately owned wells attributable to the City s Well 11. Atty. Beveridge commended the professionalism and cooperativeness of the Town of Hull and their legal representatives. Call for the Vote: Ayes: Ald. Jennings, Shorr, Nebel, Oberstadt, Johnson, Slowinski, Kneebone, Dugan, McComb, Phillips, Morrow. 26. Actions of the Police and Fire Commission meeting of May 2, Confirmation of Bills. Ald. Morrow moved, Ald. Kneebone seconded, to approve the actions of the Police and Fire Commission meeting of May 2, Actions of the Board of Park Commissioners of June 7, Ald. McComb moved, Ald. Nebel seconded, to approve the actions of the Board of Park Commissioners meeting on June 7, Ald. McComb appreciated the Board of Park Commissioners listening session.
11 28. Actions of the Transportation Commission meeting of June 8, Approve award to SRF Consulting for Transportation Development Plan. 5. Approve award to Service Motor Company for 60 zero turn mower, and to Riesterer and Schnell, Inc. for a 21 self-propelled walk behind mower. Ald. Kneebone moved, Ald. Shorr seconded, to approve the actions of the Transportation Commission meeting of June 8, Statutory Monthly Financial Report of the Comptroller-Treasurer. C/T Ladick made himself available for questions. Ald. Oberstadt moved, Ald. Slowinski seconded, to accept the report and place it on file. 30. Adjourn into closed session (approximately 8:00 P.M.) pursuant to Wisconsin Statutes 19.85(1)(e) (deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session) on the following: a. Review of the contract with Architect s Group Ltd. for Edgewater Manor engineering services; b. Negotiating the terms of a development agreement for a property within Tax Incremental Financing District 6 (Downtown TID); c. Negotiating the terms of a development agreement for a property within Tax Incremental Financing District 5 (Division Street TID); d. Negotiating the potential purchase, sale, and/or lease of real estate in order to meet current needs for City administrative and police department facilities; and e. Negotiating the potential purchase of land for future development opportunities, and/or negotiating the terms of a development agreement. Ald. Slowinski moved, Ald. McComb seconded, to adjourn into closed session. Ald. Johnson asked for a five minute recess. Mayor Wiza suggested a five minute recess could take place after the vote. Call for the Vote: Ayes: Ald. Morrow, Phillips, McComb, Dugan, Kneebone Johnson, Oberstadt, Nebel, Shorr, Jennings. The meeting adjourned into closed session at 9:06 p.m. 31. Adjournment.
12 The meeting adjourned at 11:03 p.m.
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