City Council (Meets 1st and 3rd Tuesday of each month at 6:30 p.m.)

PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN Tuesday, September 7, 2021 The Regular Meeting of the Common Council was called to order by Mayor Jim Paine at 6:33 p.m. in the Government Center, Board Room 201. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Present: Nick Ledin, Jenny Van Sickle, Warren Bender, Jack Sweeney, Brent Fennessey, Tylor Elm, Ruth Ludwig, Craig Sutherland, Keith Kern (via teleconference), Lindsey Graskey Also Present: Mayor Paine, City Attorney Prell, City Clerk Ramos MOTION by Councilor Sutherland, seconded by Fennessey and carried, to suspend the rules and consider item 7.3 out of order. 3. APPROVAL OF MINUTES 3.1 August 17, 2021 - Regular Council Meeting. MOTION by Councilor Elm, seconded by Bender and carried, to approve. 4. PRESENTATIONS AND PUBLIC HEARINGS 5. CORRESPONDENCE TO BE FILED (No action) 6. MAYOR’S REPORT Mayor Paine yielded chair to Council President Elm to present the 2022 Budget. 6.1 2022 General Fund Budget 6.2 2020 Budget Surplus Allocation 6.3 Capital Improvement Program (CIP) Revenue 6.4 2022 Revolving Grants Program Fund Budget MOTION by Councilor Fennessey, seconded by Ledin and carried, to postpone interrelated budget items—6.1 through 6.4—until the 9/21/2021 regular meeting of the Common Council. 6.5 Recommending approval of Legislative Affairs Consultant Agreement with Capitol Consultants for the period of August 1, 2021 to March 31, 2022. MOTION by Councilor Bender, seconded by Ledin and carried, to approve. 1 Regular Council Meeting September 7, 2021 7. STANDING COMMITTEE REPORTS 7.1 Human Resource Committee (Meeting held August 16, 2021) Report from Councilor Ludwig. RECOMMENDATIONS: 1. Approve Telecommuting Policy and Telecommuting Acknowledgement Form, held from 7/19/2021 meeting. 2. Approve the Equal Employment Opportunity Program and Affirmative Action Policy #2.01. 3. Approve Salary & Benefit Policy/Handbook, Section 16-Benefits for Other Than Regular Full-time Employees; benefit added for temporary employees to be paid overtime when required to work on City holiday. MOTION by Councilor Ludwig, seconded by Bender and carried, to approve all three committee recommendations. 7.2 Public Works Committee (No meeting to report) 7.3 Finance Committee (Meetings held August 12, 2021 and August 24, 2021) Report from Councilor Sweeney. RECOMMENDATIONS: 1. Award Grant to CASDA in the amount of $15,000; funds to be immediately drawn from Fund 414. MOTION by Councilor Sutherland, seconded by Bender and carried, to approve. 2. ORDINANCE O21-4252, amending the City Code in Chapter 74, Article III, Hotel-Motel Room Tax, Section 74-62, to allow a designated tourism commission to use 70 percent of room tax for tourism promotion and development, beginning January 1, 2022. 3. ORDINANCE O21-4253, amending the City Code In Chapter 74, Article III, Hotel-Motel Room Tax, Section 74-68, to create the Superior Tourism Development Commission. MOTION by Councilor Bender, seconded by Elm, to approve both ordinances simultaneously. Seven members of the public addressed the council about the recommended ordinances: Tracey Gibbons, Helmi Harrington, Taylor Pedersen, Jeff Cushman, Katie Perrault, Pattie Soliday, and Seth Oliver. 2 Regular Council Meeting September 7, 2021  MOTION by Councilor Fennessey, seconded by Sutherland, to postpone action until the 9/21/2021 regular council meeting failed by roll call vote: Aye – 5 Sweeney, Fennessey, Sutherland, Kern, Graskey No – 5 Ledin, Van Sickle, Bender, Elm, Ludwig MOTION by Councilor Elm, seconded by Fennessey and carried, to amend language in O21-4252 as follows: “This commission shall direct the application of hotel/motel tax it receives from the city, subject to the approval of the City Council.” MOTION by Councilor Sutherland, seconded by Fennessey, to amend the motion so that “City Council” is changed to “Finance Committee” failed. MOTION by Councilor Sutherland, seconded by Fennessey, to amend the motion to read “…subject to the approval of the Finance Committee and the City Council.” failed by roll call vote: Aye – 4 Sweeney, Fennessey, Sutherland, Kern No – 6 Ledin, Van Sickle, Bender, Elm, Ludwig, Graskey MOTION by Councilor Kern, seconded by Fennessey and carried, to refer approval of recommendations 2 and 3 to the Committee of the Whole Meeting. 7.4 Licensing and Fees Committee (No meeting to report) 7.5 Public Safety Committee (Meeting held August 18, 2021) Report from Councilor Sutherland. RECOMMENDATIONS: 1. ORDINANCE O21-4248 amending the City Code in Chapter 112, Traffic Code, Article VII, Schedule D (Section 1), No Parking On Even Side Of Street. 2. ORDINANCE O21-4249 amending the City Code in Chapter 112, Traffic Code, Article VII, Schedule H (Section 1), No Parking On School Days (Between 7:00 A.M. and 4:00 P.M.) 3. ORDINANCE O21-4250 amending the City Code in Chapter 112, Traffic Code, Article VII, Schedule I, Streets Excluded From Calendar Parking. MOTION by Councilor Bender, seconded by Elm and carried, to approve the recommended ordinances. 7.6 Committee of the Whole Meeting (No meeting to report) 8. SPECIAL COMMITTEE REPORTS 8.1 Commercial Sexual Exploitation Commission (Meeting held July 16, 2021) Report from Council President Elm. 3 Regular Council Meeting September 7, 2021 8.2 Parks & Recreation Commission (Meeting held July 22, 2021) No report provided. 8.3 Barker’s Island Review Committee (Meeting held August 2, 2021) Report from the Chair, Eric Thomas. 8.4 Commission on Communities of Color (Meeting held August 9, 2021) Report from Councilor Van Sickle. Everyone is invited to the scheduled clean-up effort at MAKWA ZIIBIINS MIIKANA - BEAR CREEK TRAIL (110 Moccasin Mike Rd) on September 18 from 11AM-1PM. 8.5 Golf Course Committee (Meeting held August 9, 2021) No report provided. 8.6 Festival Committee (Meeting held August 11, 2021) No report provided. 8.7 Plan Commission (Meeting held August 18, 2021) No report provided. 8.8 Urban Forestry Tree Board (Meeting held August 19, 2021) Report from Councilor Ludwig. 8.9 Redevelopment Authority for the City of Superior (Meeting held August 31, 2021) No report provided. RECOMMENDATIONS: 1. RESOLUTION R21-13571, introduced by the Redevelopment Authority of the City of Superior, to approve the report of the Redevelopment Authority and the Development Agreement for the sale of property to C & C Holdings of Duluth, LLC. Chad Scott, owner of C & C Holdings, spoke in favor of the resolution. MOTION by Councilor Bender, seconded by Graskey and carried, to approve. 2. RESOLUTION R21-13572, introduced by the Redevelopment Authority of the City of Superior, to approve the report of the Redevelopment Authority and the Development Agreement for the sale of property to Bear Creek Development LLC. MOTION by Councilor Sweeney, seconded by Bender and carried, to approve. 4 Regular Council Meeting September 7, 2021 9. OLD BUSINESS 9.1 COUNCILOR SUTHERLAND: Motion to reconsider the approval of the Superior Broadband Master Plan, Item 9.1 from the August 17, 2021 Regular Common Council Meeting. MOTION to reconsider was seconded by Councilor Fennessey and failed. 10. NEW BUSINESS 10.1 CITY CLERK RAMOS recommending approval of miscellaneous licenses. MOTION by Councilor Ludwig, seconded by Bender and carried, to approve. 10.2 CITY CLERK RAMOS recommending referral of the following claims to the Liability Claims Committee: 21-13, 21-14 and 21-15. MOTION by Councilor Bender, seconded by Ludwig and carried, to approve. 10.3 CITY CLERK RAMOS recommending approval of an Amend the Premise application for Hudy’s Bar, located at 2126 E 5th Street (Agent: Jim Ronning) for a special event on September 18, 2021. MOTION by Councilor Sweeeney, seconded by Bender and carried, to approve. 10.4 CITY CLERK RAMOS recommending approval of an original Class B Liquor and Class B Beer alcohol license for DMB Morales LLC, DBA Shortys, 1015 Tower Avenue (Agent: Damaso Morales) for license period October 1, 2021 – June 30, 2022. MOTION by Councilor Graskey, seconded by Bender and carried, to approve. 10.5 ECONOMIC DEVELOPMENT, PLANNING & PORT DIRECTOR SERCK is recommending amending the partner agreement for the Remediation of Howards Bay. MOTION by Councilor Elm, seconded by Ludwig and carried, to approve. 10.6 ECONOMIC DEVELOPMENT, PLANNING & PORT DIRECTOR SERCK is recommending the approval of the agreement with Wren Works LLC for the Fraser Shipyards Dry Dock No 2 Pump Re-Routing Project. MOTION by Councilor Ludwig, seconded by Graskey and carried, to approve. 10.7 ORDINANCE O21-4251, introduced by the Common Council of the City of Superior, to amend City Code Chapter 112-Traffic Code, Schedule J, Accessible Parking Zones, to removing signs from 1215 Lincoln Street (both sides). MOTION by Councilor Ludwig, seconded by Bender and carried, to approve. 5 Regular Council Meeting September 7, 2021  10.8 RESOLUTION R21-13569, introduced by the Common Council, to extending the life of Tax Incremental District No. 9 for the purpose of funding affordable housing in the City of Superior. MOTION by Councilor Elm, seconded by Graskey and carried, to approve. 10.9 RESOLUTION R21-13570, introduced by the Public Works Department, to set a public hearing on September 21, 2021, at 6:30 p.m. in the Government Center Board Room 201, to adopt a final resolution to pave listed alleys and assess the costs to abutting property owners (City Code Sec. 106-50 thru 52). MOTION by Councilor Bender, seconded by Elm and carried, to approve. 10.10 APPOINTMENTS TO THE TOURISM DEVELOPMENT COMMISSION, recommended by Mayor Paine: 1. Steve Knauss for a one (1) year term, expiring September 2022. 2. JoAnn Jardine for a one (1) year term, expiring September 2022. 3. Lindsey Graskey as a council representative, expiring April 2022. 4. Keith Kern as a council representative, expiring April 2022. 5. Bruce Barron for a one (1) year term, expiring September 2022. 6. Emerson Sloane for a one (1) year term, expiring September 2022. MOOT ITEM, due to Item 7.3 recommendations being referred to a Committee of the Whole meeting. 11. BUSINESS BY PUBLIC Bruce Wolf asked for help from the Council, specifically requesting the city build a facility that provides mental health services for local residents. Meeting adjourned at 9:24 p.m. Respectfully submitted, Camila Ramos, City Clerk Superior, Wisconsin Approved this 21st day of September, 2021. Attest: ____________________________________ Mayor ____________________________________ City Clerk 6 Regular Council Meeting September 7, 2021