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, June 18, 2024 The Regular Meeting of the Common Council was called to order by Mayor Jim Paine at 6:30 p.m. in the Government Center, Board Room 201. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Present: Nick Ledin, Jenny Van Sickle, Garner Moffat, Jack Sweeney, Brent Fennessey, Tylor Elm, Ruth Ludwig, Mike Herrick, Mark Johnson, Lindsey Graskey - 10 Absent: Also Present: Mayor Paine, City Attorney Frog Prell, City Clerk Blunt, Chief of Staff Scherf, City Clerk Assistant Lang 3. PRESENTATIONS AND PUBLIC HEARINGS 3.1 Public Hearing to consider non-renewal of the applicants in Part 2 of the 2024-2025 Alcohol Report. Outstanding Corporate Name Trade Name Address Item(s) Cameo Investments Delinquent Personal a Centerfolds Cabaret 702 Tower Avenue II, LLC Property Tax Delinquent Personal b Pro Edge, Inc. Gronks Grill & Bar 4909 E 2nd Street Property Tax Izzy's BBQ Lounge Delinquent Personal c IKIS Corp 1506 N 3rd Street & Grill Property Tax City Clerk Blunt informed the council that all 3 listed establishments were now back in compliance with personal property tax and recommended approving alcohol license renewal. 4. APPROVAL OF MINUTES 4.1 June 4, 2024 - Regular Council Meeting MOTION TO APPROVE, by Councilor Herrick, was seconded by Councilor Johnson. There was no objection to Councilor’s Elm request to amend the minutes to add City Attorney Prell to the attendance list. Motion approved as amended via voice vote. 149 Regular Council Meeting June 18, 2024 5. CORRESPONDENCE TO BE FILED (No action) 5.1 CLAIMS referred to the Liability Claims Committee by City Clerk’s Office: 1. Claim No. 24-09, South Shore Energy LLC (Received 06/03/2024). 5.2 Investment Summary for RBC Wealth Management and Local Government Investment Pool Department of Administration for the Quarter Ending March 31, 2024 6. MAYOR’S REPORT 6.1 Report from Mayor Paine 6.2 MAYOR PAINE is requesting approval of O24-4349, an ordinance amending City Code Chapter 2, Administration, Article VI, Taxation, Section 2-226 Composition, Appointment of Board of Review. MOTION TO APPROVE, by Councilor Graskey, was seconded by Councilor Ledin. MOTION TO AMEND to strike the word “members” and re-insert the word “residents” by Councilor Sweeney, was seconded by Councilor Fennessey. MOTION TO AMEND IN THE SECOND DEGREE to add “a majority of members are” prior to the word “residents” by Councilor Elm, was seconded by Councilor Graskey was carried via roll call vote: Aye – 7, Ledin, Van Sickle, Moffat, Elm, Ludwig, Herrick, Graskey No – 3, Sweeney, Fennessey, Johnson MOTION TO AMEND was carried via voice vote. MOTION to adopt ordinance as amended was carried by voice vote. There was no objection to Councilor Fennessey’s request to take items out of order and return to item 5.1 to request additional information from City Attorney Prell regarding the claim process. No action was taken. 6.3 Committee Appointment Recommendations 1. To the TOURISM DEVELOPMENT COMMISSION, appoint Marquise Slay for a 1- year term, expiring June 2025. MOTION to approve by Councilor Graskey, was seconded by Councilor Elm, and carried. 2. To the URBAN FORESTRY TREE BOARD, appoint Christine Olson for a 3-year term, expiring June 2027. MOTION to approve by Councilor Graskey, was seconded by Councilor Ludwig, and carried. 7. STANDING COMMITTEE REPORTS 150 Regular Council Meeting June 18, 2024 7.1 Human Resources Committee (No meeting to report) 7.2 Public Works Committee (Meeting held June 6, 2024) Report from the Councilor Van Sickle. RECOMMENDATIONS: 1. Approve R24-13797, a resolution which confirms that the 2023 Compliance Maintenance Annual Report has been reviewed by the Common Council. 2. Approve R24-13798, a resolution to petition the Wisconsin Office of the Commissioner of Railroads for the establishment of a new at-grade crossing on Railroad Street for spur rail access to the redeveloped C. Reiss Company Dock. 3. Approve the request to waive the bidding requirements and approve the purchase of one 2025 Freightliner 114SD cab and chassis and one 2025 Heil 30yd Rapid Rail side loader in the amount of $368,085.51 from Boyer Trucks. 4. Approve the request to waive the bidding requirements and approve the purchase of one Caterpillar D4 dozer in the amount of $263,000.00 from Fabick Cat. 5. Approve an amendment to the city’s electrical services contract with Benson Electric. 6. Approve the Notice of Surplus Equipment auction sales. MOTION TO APPROVE items 1, 2, 3, 4, 5, and 6, by Councilor Van Sickle, was seconded by Councilor Ludwig, and carried. 7.3 Finance Committee (Meeting held June 13, 2024) Report from the Chair. RECOMMENDATIONS: 1. Approve a 3-year lease agreement with Douglas County for the use of the Government Service Center. Upon a proper motion and second, the committee may convene in closed session under Wis. Stat. sec. 19.85(1) (e) for the purpose of deliberating strategies and setting parameters for the continued negotiation of rent and other terms relevant to the county’s proposed Agreement for city office within the Government Center. Upon Motion and Second the Council may reconvene into open session under Wis. Statute 19.85(2) to take action, if any, related to closed session. MOTION TO APPROVE by Councilor Sweeney, was seconded by Councilor Fennessey. MOTION TO POSTPONE TO A CLOSED SESSION FOLLOWING THE REGULAR BUSINESS OF THE COMMON COUNCIL by Councilor Ledin, seconded by Councilor Johnson was carried via voice vote. 151 Regular Council Meeting June 18, 2024  2. Approve the 2024 Golf Course Capital Lease Appropriations. MOTION to approve by Councilor Sweeney, was seconded by Councilor Fennessey, and carried. 7.4 Licenses and Fees Committee (Meeting held June 10, 2024) Report from the Councilor Fennessey. RECOMMENDATIONS: 1. Approve O24-4346, an ordinance amending City Code, Chapter 62, Health and Sanitation, Article I – In General, Section 62-5 – Cigarettes and Tobacco Product Retailer License. MOTION to approve by Councilor Herrick, was seconded by Councilor Graskey, and carried. 2. Approve O24-4347, an ordinance amending City Code, Chapter 14, Alcohol Beverages. MOTION to approve by Councilor Fennessey, was seconded by Councilor Graskey, and carried. 3. Approve the Outdoor Alcohol Consumption License application for Choo Choo Bar and Grill LLC, dba Choo Choo Bar and Grill, located at 5002 E 3rd Street for the 2024-2025 license period, expiring June 30, 2025. MOTION to approve by Councilor Ledin, was seconded by Councilor Sweeney, and carried. 4. Approve the Outdoor Alcohol Consumption License application for Havanas LLC, dba Havanas, located at 1623 Broadway Avenue Street for the 2024-2025 license period, expiring June 30, 2025. MOTION to approve by Councilor Graskey, was seconded by Councilor Elm, and carried. 7.5 Public Safety Committee (No meeting to report) 7.6 Committee of the Whole Meeting (No meeting to report) 8. SPECIAL COMMITTEE REPORTS 8.1 REPORTS WITH RECOMMENDATIONS 8.1.1 Communications & Information Technology Committee (Meeting held June 3, 2024) Report from the Councilor Elm. RECOMMENDATIONS: 1. Award the Professional Services for ESD GIS Collections Work Order Management contract to WSB LLC in the amount of $37,000.00. 2. Award an Enterprise Resource Planning Software Selection Advisory Services contract to BerryDunn in the amount of $129,000. 152 Regular Council Meeting June 18, 2024  3. Approve the social media archiving subscription contract ArchiveSocial to CivicPlus in the amount of $4,594.00 including activation and set up fee for the remainder of 2024, and $7,188.00 yearly, with a 5% annual uplift starting in year two, beginning January 1, 2025. MOTION TO APPROVE items 1, 2, and 3, by Councilor Elm, was seconded by Councilor Ludwig, and carried. 8.2 REPORTS SANS RECOMMENDATIONS 8.2.1 Tourism Development Commission (Meeting held May 13, 2024) No report from the Chair. 9. OLD BUSINESS 10. NEW BUSINESS 10.1 CITY CLERK BLUNT is recommending approval of miscellaneous licenses. MOTION to approve by Councilor Moffat, was seconded by Councilor Graskey, and carried. 10.2 CITY CLERK BLUNT recommending approval of an amendment to the 2024-2025 Alcohol Report of Renewal Applicants. MOTION to approve by Councilor Sweeney, was seconded by Councilor Moffat, and carried. 10.3 CITY CLERK BLUNT is recommending approval of an original “Class B” Liquor and Class “B” Beer license application for Superior Joes Dec LLC, dba Average Joe’s located at 1310 North 5th Street (Agent: Chloe Olejar) for a period beginning July 1, 2024 through June 30, 2025. MOTION to approve by Councilor Moffat, was seconded by Councilor Graskey, and carried. 10.4 CITY CLERK BLUNT is recommending approval of Request for Unlimited Transfer of Full-Service Retail Outlet by Producer Earth Rider Brewing for the on-premise consumption of beer at the following events: 1. “Make Music Day at the Lot” located at 1211 Banks Avenue, on June 21, 2024 from 11:00 a.m. to 9:00 p.m. 2. “City of Superior Fourth of July Celebration” located at Barkers Island Park, on July 4, 2024 from 4:00 p.m. to 12:00 a.m. 153 Regular Council Meeting June 18, 2024  3. “City of Superior Bayside Sounds Concert” located at 14 Billings Park Drive, on July 10, 2024 from 6:00 p.m. to 8:00 p.m. 4. “City of Superior Bayside Sounds Concert” located at 906 East 2nd Street, on July 17, 2024 from 5:30 p.m. to 8:30 p.m. 5. “City of Superior Bayside Sounds Concert” located at 717 6th Avenue East, on July 24, 2024 from 6:00 p.m. to 8:00 p.m. 6. “City of Superior Bayside Sounds Concert” located at 711 Grand Avenue, on July 31, 2024 from 6:00 p.m. to 8:00 p.m. 7. “City of Superior Bayside Sounds Concert” located at 5718 Tower Avenue, on August 7, 2024 from 6:00 p.m. to 8:00 p.m. 8. “City of Superior Bayside Sounds Concert” located at 510 26th Avenue East, on August 14, 2024 from 6:00 p.m. to 8:00 p.m. 9. “City of Superior Bayside Sounds Concert” located at 14 Billings Park Drive, on August 21, 2024 from 6:00 p.m. to 8:00 p.m. 10. “City of Superior Bayside Sounds Concert” located at 15 Marina Drive, on August 28, 2024 from 5:00 p.m. to 8:00 p.m. MOTION TO APPROVE items 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 by Councilor Fennessey, was seconded by Councilor Elm, and carried. 10.5 CITY CLERK BLUNT is recommending approval of a Temporary Class “B” Beer License application for the Douglas County Historical Society for the “Make Music Superior – The Lot” event located at 1211 Banks Avenue to be held on June 21, 2024. MOTION to approve by Councilor Elm, was seconded by Councilor Herrick (Councilor Moffat abstained), and carried. 10.6 CITY CLERK BLUNT is recommending approval of a Temporary Class “B” Beer and Wine License application for the Douglas County Historical Society for the “Superior Central High School Class of 1959 Reunion” event located at 1101 John Avenue to be held on August 7, 2024. MOTION to approve by Councilor Fennessey, was seconded by Councilor Ludwig (Councilor Moffat abstained), and carried. 10.7 CITY CLERK BLUNT is recommending approval of a Temporary Class “B” Beer License application for the Commemorative Air Force – Lake Superior Squadron for the “Rockin’ the Ramp” event located at 4804 Hammond Avenue to be held on July 12, 2024. MOTION to approve by Councilor Herrick, was seconded by Councilor Ledin, and carried. 10.8 CITY CLERK BLUNT is recommending approval of an Amend the Premise and One- Day Cabaret license applications for Jimmy’s Saloon, located at 1812 Iowa Avenue (Agent: Keith Kern), for the event “Billings Park Days” on August 2 and 3, 2024. 154 Regular Council Meeting June 18, 2024  MOTION to approve by Councilor Fennessey, was seconded by Councilor Sweeney, and carried. 10.9 CITY CLERK BLUNT is recommending approval of an Amend the Premise and One- Day Cabaret license applications for DHL Management, dba Head of the Lakes Fair, located at 4700 Tower Avenue (Agent: Daniel Litchke), for the event “Head of the Lakes Fair” on July 30 through August 3, 2024. MOTION to approve by Councilor Ledin, was seconded by Councilor Elm, and carried. 10.10 PUBLIC WORKS DIRECTOR JANIGO is recommending approval of O24-4348, an ordinance amending City Code Chapter 112, Traffic Code, Schedule J, Accessible Parking Zones, Remove Accessible Parking sign at 1615 North 26th Street (both sides). MOTION to approve by Councilor Herrick, was seconded by Councilor Graskey, and carried. 11. BUSINESS BY PUBLIC There was no objection to allowing County Board President Liebert to address the councilor prior to moving into closed session regarding item 7.3.1. MOTION TO RECONVENE IN CLOSED SESSION in room 204 at 7:31 p.m. by Councilor Ledin, was seconded by Councilor Herrick and carried. Council was called back into open session by Mayor Paine at 8:19 p.m. MOTION TO APPROVE AS AMENDED item 7.3.1 was carried via voice vote. Meeting adjourned at 8:21 p.m. Respectfully submitted, Heidi Blunt, City Clerk Superior, Wisconsin Approved this 2nd day of July, 2024. Attest: ____________________________________ Mayor ____________________________________ 155 Regular Council Meeting June 18, 2024