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

Regular Meeting

Superior, WI · February 19, 2025

AgendaMinutes

Minutes

PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING CITY OF SUPERIOR, WISCONSIN February 19, 2025 at 6:30 p.m. Government Center, Board Room 201, 1316 N 14th Street, Superior, WI 54880 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Present: Nick Ledin, Jenny Van Sickle, Garner Moffat, Jack Sweeney, Tylor Elm, Ruth Ludwig, Mike Herrick, Mark Johnson, Lindsey Graskey – 9 Virtual: Brent Fennessey – 1 Absent: Also Present: Mayor Paine, City Attorney Prell, Chief of Staff Scherf, City Clerk Blunt, Deputy City Clerk Bacon 3. PRESENTATIONS AND PUBLIC HEARINGS 3.3. Public Hearing on the approval of O25-4378, an ordinance approving Lake Superior Apartments, LLC’s request to rezone property from SUB – Suburban to PDD – Planned Development District and Comprehensive Plan Future Use Map Amendment. There was no objection to open the public hearing. There were no speakers for the public hearing. MOTION to close the public hearing approve the ordinance by Councilor Herrick, was seconded by Councilor Elm, and carried. 3.4. Public Hearing on the approval of R25-13827, a resolution approving the vacation request from Chris and Alissa Nye to vacate a portion of the alley located between East 4th and E 5th Streets and 31st Avenue East and 30th Avenue East and a portion of unimproved 30th Avenue East between East 4th and East 5th Streets. There was no objection to open the public hearing. There were no speakers for the public hearing. MOTION to close the public hearing approve the resolution by Councilor Johnson, was seconded by Councilor Sweeney, and carried. 4. APPROVAL OF MINUTES 4.1. February 4, 2025 – Regular Council Meeting MOTION to approve by Councilor Herrick, was seconded by Councilor Elm, and carried. 1 Regular Council Meeting February 19, 2025 5. CORRESPONDENCE TO BE FILED 6. MAYOR’S REPORT 6.1. Report from Mayor Paine 7. STANDING COMMITTEE REPORTS 7.1. Human Resources Committee (No meeting to report) 7.2. Public Works Committee (Meeting held February 6, 2025) No report from the Chair. 7.3. Finance Committee (No meeting to report) 7.4. Licenses and Fees Committee (No meeting to report) 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 8.2. REPORTS SANS RECOMMENDATIONS 9. OLD BUSINESS 9.1. COUNCILOR FENNESSEY and COUNCILOR JOHNSON recommend approval of R25-13826, a resolution to support an Act to Amend 281.61 (2R)(E) of the Wisconsin State Statutes; relating to the use of Federal Capitalization Grant Funds for lead service line replacement. Motion to approve and second carries from February 4, 2025 meeting. There was no objection to resetting the speaking rules. There was no objection to opening the floor to the public. The following individuals spoke: • Shannon Johnson spoke in support of lead line replacement. • Kyle Bukovich spoke in support of the resolution. • Dan Olson spoke in support of the resolution. 2 Regular Council Meeting February 19, 2025 There was no objection to allow Joscelyn Skandel, Manager of Regulatory Compliance, Policy and Rates at Superior Water, Light and Power Co., Inc. to answer questions from Councilors. Council returned to debate. Councilor Graskey CALLS FOR THE QUESTION, is seconded by Councilor Moffat, and fails by voice vote: Yes – Ledin, Van Sickle, Moffat, Sweeney, Ludwig, Graskey - 6 No - Fennessey, Elm, Herrick, Johnson - 4 Council resumes debate. MOTION to approve resolution fails by voice vote: Yes – Fennessey, Elm, Herrick, Johnson - 4 No – Ledin, Van Sickle, Moffat, Sweeney, Ludwig, Graskey - 6 10. NEW BUSINESS 10.1. CITY CLERK BLUNT recommends approval of miscellaneous licenses. MOTION to approve by Councilor Herrick, was seconded by Councilor Elm, and carried. 10.2. CITY CLERK BLUNT recommends approval of a Temporary Class “B” Wine License application for the Children’s Dyslexia Center Inc. event, “Steppin Up for Dyslexia” to be held on April 11, 2025 from 5:00 p.m. to 10:00 p.m. MOTION to approve by Councilor Johnson, was seconded by Councilor Elm, and carried. 10.3. COUNCIL PRESIDENT GRASKEY recommends approval of an extension to the Memorandum of Understanding with Superior Public Museums. MOTION to approve by Councilor Herrick, was seconded by Councilor Graskey. MOTION to amend original motion to extend MOU until April 2, 2025 by Councilor Herrick, was seconded by Councilor Graskey. MOTION to amend the amendment to extend MOU until June 2, 2025 by Councilor Elm, was seconded by Councilor Johnson. There was unanimous consent to amend the amendment to extend MOU until June 3, 2025. MOTION to approve as amended carried by voice vote. 3 Regular Council Meeting February 19, 2025 11. BUSINESS BY PUBLIC Meeting adjourned at 8:12 p.m. Respectfully submitted, Heidi Blunt, City Clerk Superior, Wisconsin Approved this 4th day of March, 2025. Attest: ____________________________________ Mayor ____________________________________ City Clerk 4 Regular Council Meeting February 19, 2025

Agenda

NOTE: BOX LINKS lead to INTERNAL item documentation; Ctrl+Home brings you back to the agenda. [20250219R 1] TRADITIONAL LINKS lead to EXTERNAL item documentation. AGENDA FOR REGULAR COMMON COUNCIL MEETING - AMENDED CITY OF SUPERIOR, WISCONSIN February 19, 2025 at 6:30 p.m. Government Center, Board Room 201, 1316 N 14th Street, Superior, WI 54880 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PRESENTATIONS AND PUBLIC HEARINGS 3.1. Public Hearing to request comments on Community Development needs. 3.2. Public Hearing to request comments on Fair Housing Choice. 3.3. Public Hearing on the approval of O25-4378, an ordinance approving Lake Superior Apartments, LLC’s request to rezone property from SUB – Suburban to PDD – Planned Development District and Comprehensive Plan Future Use Map Amendment. 3.4. Public Hearing on the approval of R25-13827, a resolution approving the vacation request from Chris and Alissa Nye to vacate a portion of the alley located between East 4th and E 5th Streets and 31st Avenue East and 30th Avenue East and a portion of unimproved 30th Avenue East between East 4th and East 5th Streets. 4. APPROVAL OF MINUTES 4.1. February 4, 2025 – Regular Council Meeting 5. CORRESPONDENCE TO BE FILED 6. MAYOR’S REPORT 6.1. Report from Mayor Paine 7. STANDING COMMITTEE REPORTS 7.1. Human Resources Committee (No meeting to report) 7.2. Public Works Committee (Meeting held February 6, 2025) Report from the Chair. 7.3. Finance Committee (No meeting to report) 1 Regular Council Meeting February 19, 2025 [20250219R 2] 7.4. Licenses and Fees Committee (No meeting to report) 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 8.2. REPORTS SANS RECOMMENDATIONS 9. OLD BUSINESS 9.1. COUNCILOR FENNESSEY and COUNCILOR JOHNSON recommend approval of R25-13826, a resolution to support an Act to Amend 281.61 (2R)(E) of the Wisconsin State Statutes; relating to the use of Federal Capitalization Grant Funds for lead service line replacement. 10. NEW BUSINESS 10.1. CITY CLERK BLUNT recommends approval of miscellaneous licenses. 10.2. CITY CLERK BLUNT recommends approval of a Temporary Class “B” Wine License application for the Children’s Dyslexia Center Inc. event, “Steppin Up for Dyslexia” to be held on April 11, 2025 from 5:00 p.m. to 10:00 p.m. 10.3. COUNCIL PRESIDENT GRASKEY recommends approval of an extension to the Memorandum of Understanding with Superior Public Museums. 11. BUSINESS BY PUBLIC Due to the requirements of the Wisconsin Open Meetings laws, only matters placed on this agenda may be approved by the Council at this meeting. Citizens who wish to address the council may do so during Business by Public by signing up with the city clerk and indicating the agenda item they wish to address. All comments by members of the public shall be limited to three minutes in length. Electioneering or personal attacks are not allowed. The City of Superior complies with the Americans with Disabilities Act of 1990. If you need an accommodation to participate in the public meeting process, please contact the City Clerk’s Office at (715) 395-7200 (OR dial 711 for Telecommunications Relay Service) prior to the scheduled meeting. The city will attempt to accommodate any reasonable request depending on the amount of notice received. In compliance with Wisconsin Open Meetings Law, this agenda was posted on 02/14/2025 at the following locations: Superior Government Center, Douglas County Courthouse, and online at https://www.superiorwi.gov/agendacenter. It was also emailed to the Superior Telegram and the Superior Public Library. [20250219R 3] [20250219R 4] [20250219R 5] [20250219R 6] [20250219R 7] Lake Superior Elementary Planned Development District (PDD) The purpose of the planned development district (PDD) is to encourage and provide a means for effectuating desirable development, redevelopment, rehabilitation and conservation in the city by allowing for greater flexibility, better utilization of topographical and natural site characteristics, more economical and stable development with variations in siting, land use, and types of dwellings and commercial buildings, thereby promoting the public health, safety and welfare. The regulations contained herein are established to permit latitude in the development of a building site, if such development is found not to be harmful, offensive, or otherwise adverse to the environment, property values, or character of the neighborhood in which it is to be located, and is found to be in accordance with the purpose, spirit and intent of this chapter. It is intended to permit and encourage diversification, variation, and imagination in the relationship of uses and structures and open space for developments conceived and implemented as comprehensive and unified projects. Economic considerations, amenities and compatibility of a PDD planned development district are to be assured through adoption of a development plan. Standards Standards for land area per dwelling unit, land coverage by building, density, front, side and rear yard setback requirements, building height requirements, aesthetic considerations, and other requirements deemed necessary by the city plan commission and the common council, shall be determined by standards established in the applicable existing zoning district most similar in nature and function to the proposed PDD planned development district, as determined by the plan commission and the common council. Exceptions to these standards are permissible when the plan commission and the common council find that such exceptions will: (1) Encourage a desirable living environment; (2) Provide public benefits which outweigh any adverse effect on neighboring lands and the uses and structures found thereon; (3) Not unreasonably impact school facilities or other public facilities or services without adequate provision being made to minimize or relieve such impact; (4) Not create a traffic or parking demand incompatible with existing or proposed facilities to serve it; (5) Be of benefit to the community and be in the public interest; (6) Promote the intended purpose of the district [20250219R 8] Allowable Uses Residential development – including single family, duplex, townhome, condominiums, and multi-family style developments. Criteria for developments will be based on the existing R3, Apartment Residential zoning classification within the City of Superior Zoning Code. Zero lot line development will also be allowed. Accessory structure or structures for use by tenants only. Retail/service store development – a place of business that focuses on the sale of goods or services to the public in relatively small quantities for use or consumption rather than for resale; examples include clothing, grocery, hardware stores, and fitness clubs. [20250219R 9] LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Lots One through Forty-six (1-46), inclusive, Block One (l); Lots One through Forty-six (1-46), inclusive, Block Two (2); Lots One through Forty-six (1-46), inclusive, Block Three (3); and Lots One through Forty-six (1-46), inclusive, Block Four (4), all located in STEEL PLANT HARBOR DIVISION, City of Superior, Douglas County, Wisconsin. Together with vacated Hennepin Avenue, Shields Street, and all alleys in STEEL PLANT HARBOR DIVISION, abutting Lots 1 through 46 inclusive, Block 1, Lots 1 through 46 inclusive, Block 2, Lots 1 through 46 inclusive, Block 3, and Lots 1 through 46 inclusive, Block 4, Steel Plant Harbor Division. [20250219R 10] Area Requested to be Rezoned from Suburban (SUB) to Planned Development District (PDD) 6200 East 3rd Street; Superior, WI Parcel #118110681100 Future La nd Use [20250219R 11] Figure 9-2 i i Low Density Residential • University Mixed Use ........_, Parks and Recreation ! i Medium Density Residential • Industrial D Transportation High Density Residential • Maritime Industrial - Utility • Commercial • Institutional Downtown Mixed Use D Open Space 'V~ / t·:'¥4 "L;-.J • ' 'Vliles 0 0.5 2 ~~ ,")0 . <:- <:-"' 0' ~<:- ,p<:- --~~ :. -u)-+--+-EJ-I....+L!-9~ () I n ~ -<lt.- E HY13 [20250219R 12] Superior Comprehensive Plan Future Land Use Map Amendment Q Area requested to be changed from Institutional Use to High Density Residential Use [20250219R 13] ORDINANCE #O25-4378 AN ORDINANCE INTRODUCED BY THE DEPARTMENT OF PLANNING AND DEVELOPMENT TO AMEND CITY CODE CHAPTER 122, ZONING, ZONING MAP, AND THE FUTURE LAND USE MAP EXHIBITED IN THE 2040 COMPREHENSIVE PLAN FOR THE CITY OF SUPERIOR. The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1: The rezone of a property located at 6200 E 3rd Street, from SUB – Suburban to PDD – Planned Development District; The property is legally described as: Lots One through Forty-six (1-46), inclusive, Block One (l); Lots One through Forty-six (1-46), inclusive, Block Two (2); Lots One through Forty-six (1-46), inclusive, Block Three (3); and Lots One through Forty-six (1-46), inclusive, Block Four (4), all located in STEEL PLANT HARBOR DIVISION, City of Superior, Douglas County, Wisconsin. Together with vacated Hennepin Avenue, Shields Street, and all alleys in STEEL PLANT HARBOR DIVISION, abutting Lots 1 through 46 inclusive, Block 1, Lots 1 through 46 inclusive, Block 2, Lots 1 through 46 inclusive, Block 3, and Lots 1 through 46 inclusive, Block 4, Steel Plant Harbor Division. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court or competent jurisdiction such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 3: This ordinance and amendment shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 19th day of February, 2025. Approved this 19th day of February, 2025. __________________________________________ Attest: Mayor ___________________________________ City Clerk [20250219R 14] 018010112000 018010078300 [20250219R 15] SANDSTROM (LIFE ESTATE) E DOUGLAS COUNTY 2920 E 4TH ST AV VACANT TH 30 018010138500 OLSON 2917 E 5TH ST 018010109600 DOUGLAS COUNTY VACANT 018010110900 NYE 018010078200 2930 E 4TH ST CARD 018010137500 VACANT CLEMENTS 018010110900-v 2929 E 5TH ST 018010110900-e 018010109100 E MOORE 018010109800 4T H 3017 E 4TH ST DOUGLAS COUNTY ST VACANT 018010109700 WHEREATT 3010 E 4TH ST 018010108000 THREE DUPLEXES LLC 315-317 31ST AVE E 018010136700 NYE VACANT 018010109300 JOHNSON 3016 E 4TH ST 018010136300 LAMBERT 018010137200 3011 E 5TH ST NELSON VACANT 018010108300 WISNESKI 018010135100 VACANT 018010136400 WILBERG ANDERSON E 3017 E 5TH ST 3008 E 5TH ST 5T H ST 018010134800 018010136000 CHESKY BROW 425 31ST AVE E 3010 E 5TH ST E AV ST 018010161200 31 018010135200 WHITFORD BEESLEY 3015 E 6TH ST 3014 E 5TH ST 018010134900 018010160400 BEESLEY 018010355500 HALVERSON VACANT CITY OF SUPERIOR 3021 E 6TH ST VACANT Nye Vacation Ü Portion of unimproved 30th Ave E between E 4th and E 5th Unimproved Alley between E 4th and E 5th Streets and 31st Avenue E and 30th Avenue E Area to be vacated bold, black, strips 100 50 0 100 Feet 018010112000 018010078300 [20250219R 16] SANDSTROM (LIFE ESTATE) E DOUGLAS COUNTY 2920 E 4TH ST AV VACANT TH 30 018010138500 OLSON 2917 E 5TH ST 018010109600 DOUGLAS COUNTY VACANT 018010110900 NYE 018010078200 2930 E 4TH ST CARD 018010137500 VACANT CLEMENTS 018010110900-v 2929 E 5TH ST 018010110900-e 018010109100 E MOORE 018010109800 4T H 3017 E 4TH ST DOUGLAS COUNTY ST VACANT 018010109700 WHEREATT 3010 E 4TH ST 018010108000 THREE DUPLEXES LLC 315-317 31ST AVE E 018010136700 NYE VACANT 018010109300 JOHNSON 3016 E 4TH ST 018010136300 LAMBERT 018010137200 3011 E 5TH ST NELSON VACANT 018010108300 WISNESKI 018010135100 VACANT 018010136400 WILBERG ANDERSON E 3017 E 5TH ST 3008 E 5TH ST 5T H ST 018010134800 018010136000 CHESKY BROW 425 31ST AVE E 3010 E 5TH ST E AV ST 018010161200 31 018010135200 WHITFORD BEESLEY 3015 E 6TH ST 3014 E 5TH ST 018010134900 018010160400 BEESLEY 018010355500 HALVERSON VACANT CITY OF SUPERIOR 3021 E 6TH ST VACANT Nye Vacation Ü Portion of unimproved 30th Ave E between E 4th and E 5th Unimproved Alley between E 4th and E 5th Streets and 31st Avenue E and 30th Avenue E Area to be vacated bold, black, strips 100 50 0 100 Feet [20250219R 17] RESOLUTION #R25-13827 RESOLUTION INTRODUCED BY THE PLAN COMMISSION TO VACATE AND DISCONTINUE THE CERTAIN ALLEY AND STREET REFERRED TO IN THE RESOLVING CLAUSE OF THIS RESOLUTION. WHEREAS, on February 19, 2025, the Common Council of the City of Superior, Wisconsin passed and adopted the following resolution, to-wit: WHEREAS, the following described alley and street in the City of Superior, Wisconsin are platted and are deemed necessary and in the public interest to vacate said street and alley pursuant to Section 66.1003 of the Wisconsin Statutes; and WHEREAS, the City Plan Commission did heretofore approve and recommend said vacation at its meeting of December 18, 2024; WHEREAS, a public hearing on this resolution be held by the Common Council of the City of Superior at 6:30 p.m. on February 19, 2025, in the Boardroom of the Government Center and that notice of said hearing be given to all interested persons in the manner provided by law; and all interested persons were granted an opportunity to be heard either in favor of or in opposition to the vacation of the street and alley referred to in the resolving clause; NOW, THEREFORE, BE IT RESOLVED that the public interest requires that the following described street and alley be vacated and discontinued, subject to all utility and/or sewer easements existing thereon, future construction and maintenance rights and access, including access rights incidental to those easements: Alley abutting between East 4th and East 5th Streets and 31st Avenue East and 30th Avenue East even lots 2 thru 32, West 4th Street, Townsite of Superior, odd lots 1 thru 31, West 5th Street, Townsite of Superior, City of Superior, Douglas County, Wisconsin. A/k/a Parcels # 018010108300, #018010109300, #018010109700, #018010109800, #018010110900, #018010134800, #018010135100, #018010136300, and #018010136700 All that part of 30th Avenue East between East 4th and East 5th Streets abutting lots 31 and 33, West 5th Street, Townsite of Superior, City of Superior, Douglas County, Wisconsin. A/k/a Parcels # 018010137500, and # 018010136700 BE IT FURTHER RESOLVED that a map showing the location of the street and alley so discontinued and vacated and the same hereby is attached to this resolution, and that a certified copy of this resolution with such map attached be recorded in the office of the Register of Deeds for Douglas County, Wisconsin, as required by law. Passed and adopted this 19th day of February 2025. Mayor Attest: ______________________________ City Clerk Document Prepared by: Amanda Granlund, Planning Assistant [20250219R 18] PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING CITY OF SUPERIOR, WISCONSIN February 4, 2025 at 6:30 p.m. Government Center, Board Room 201, 1316 N 14th Street, Superior, WI 54880 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 Virtual: Absent: Also Present: Mayor Paine, City Attorney Prell, Chief of Staff Scherf, City Clerk Blunt, Deputy City Clerk Bacon 3. PRESENTATIONS AND PUBLIC HEARINGS 4. APPROVAL OF MINUTES 4.1. January 21, 2025 – Regular Council Meeting MOTION to approve by Councilor Elm, was seconded by Councilor Herrick, and carried. 5. CORRESPONDENCE TO BE FILED 6. MAYOR’S REPORT 6.1. Report from Mayor Paine 7. STANDING COMMITTEE REPORTS 7.1. Human Resources Committee (Meeting held January 27, 2025) Report from Councilor Van Sickle. 7.2. Public Works Committee (No meeting to report) 7.3. Finance Committee (Meeting held January 28, 2025) Report from Councilor Sweeney. [20250219R 19] RECOMMENDATIONS: 7.3.1. Approve a lease agreement for Captain J’s Miniature Golf operating on Barker’s Island with a renegotiated annual rent of $3,000 through December 31, 2028. MOTION to approve by Councilor Elm, was seconded by Councilor Graskey, and carried. 7.4. Licenses and Fees Committee (No meeting to report) 7.5. Public Safety Committee (Meeting held January 16, 2025) Report from Councilor Elm. RECOMMENDATIONS: 7.5.1. Award a contract with Kraus-Anderson for the construction management of a fire station to replace the current Station 2 in the amount of 0.15% of project hard costs for pre-construction services, 1.85% of project hard costs for construction management, 1.85% of project hard costs for change orders, and $47,300.00 per month during the construction of the station (estimated to be 9- months). MOTION to approve by Councilor Graskey, was seconded by Councilor Elm, and carried. 7.5.2. Approve of O25-4376, an ordinance amending City Code Chapter 112, Traffic Code, Schedule A, Stops, Add 18th Street and John Avenue as a Four-Way Stop. MOTION to approve by Councilor Ludwig, was seconded by Councilor Elm, and carried. 7.5.3. Approve of O25-4377, an ordinance amending City Code Chapter 112, Traffic Code, Schedule A, Stops, Add 24th Street and Oakes Avenue as a Four-Way Stop. MOTION to approve by Councilor Herrick, was seconded by Councilor Ludwig, and carried. 7.6. Committee of the Whole Meeting (No meeting to report) 8. SPECIAL COMMITTEE REPORTS 8.1. REPORTS WITH RECOMMENDATIONS 8.1.1. Redevelopment Authority (Meeting held January 28, 2025) Report from Mayor Paine. RECOMMENDATIONS: [20250219R 20] 8.1.1.1. Approve R25-13825, a resolution providing for contribution payments by the City in connection with tax increment grants in the maximum amount of $1,840,000 in Connection with the Superior-Lidgerwood- Mundy Corporation Project and Approving Related Documents and Transactions. Jason Serck answered questions regarding the project. MOTION to approve by Councilor Herrick, was seconded by Councilor Johnson, and carried. 8.2. REPORTS SANS RECOMMENDATIONS 8.2.1. Urban Forestry Tree Board (Meeting held January 16, 2025) Report from Councilor Ludwig. 8.2.2. Joint Review Board (Meeting held January 22, 2025) Report from the Chair. 8.2.3. Parks & Recreation Commission (Meeting held January 23, 2025) Report from the Chair. 9. OLD BUSINESS 10. NEW BUSINESS 10.1. CITY CLERK BLUNT recommends approval of miscellaneous licenses. MOTION to approve by Councilor Herrick, was seconded by Councilor Graskey, and carried. 10.2. CITY CLERK BLUNT recommends approval of a Temporary Class “B” Wine License application for the Friends of the Superior Public Library’s Love Your Local Artist event located at 1530 Tower Avenue to be held from 5:30 p.m. to 8:30 p.m. on February 7, 2025. MOTION to approve by Councilor Moffat, was seconded by Councilor Elm, and carried. 10.3. CITY CLERK BLUNT recommends conditional approval of an original “Class B” Liquor and Class “B” Beer license application for Alyce’s Palace, located at 1108 Tower Avenue (Agent: Gary Nelson) for the license period July 1, 2024 through June 30, 2025. MOTION to approve by Councilor Graskey, was seconded by Councilor Johnson, and carried. 10.4. COMMUNITY DEVELOPMENT MANAGER ANDERSON recommends approval of R25-13827, a resolution to set a public hearing to request comments on Community Development Needs and Fair Housing Choice. [20250219R 21] MOTION to approve by Councilor Fennessey, was seconded by Councilor Elm, and carried. 10.5. COUNCILOR FENNESSEY and COUNCILOR JOHNSON recommend approval of R25-13826, a resolution to support an Act to Amend 281.61 (2R)(E) of the Wisconsin State Statutes; relating to the use of Federal Capitalization Grant Funds for lead service line replacement. MOTION to approve by Councilor Johnson, was seconded by Councilor Fennessey. MOTION to postpone to the next Regular Council meeting by Councilor Johnson, was seconded by Councilor Fennessey, and carried by roll call vote. Yes – Nick Ledin, Jenny Van Sickle, Jack Sweeney, Brent Fennessey, Tyler Elm, Ruth Ludwig, Mike Herrick, Mark Johnson, Lindsey Graskey (9) No – Garner Moffat (1) 11. BUSINESS BY PUBLIC 11.1. Councilor Ludwig made an announcement regarding the “River Talk Series” held by the Lake Superior Natural Estuary Research Reserve. A panel will talk about bringing cultural fires back to Wisconsin Point and the National Forest. Meeting adjourned at 8:10 p.m. Respectfully submitted, Heidi Blunt, City Clerk Superior, Wisconsin Approved this 19th day of February, 2025. Attest: ____________________________________ Mayor ____________________________________ City Clerk [20250219R 22] PUBLIC WORKS COMMITTEE MINUTES February 6, 2025 Regular Meeting The meeting was called to order by Councilor Van Sickle at 4:01 p.m. on February 6, 2025, in Government Center Room 204. COMMITTEE MEMBERS: Jenny Van Sickle, Ruth Ludwig, Nick Ledin, Tylor Elm (alt) 1. ROLL CALL Members Present: Jenny Van Sickle, Nick Ledin, Tylor Elm, Ruth Ludwig* City Staff Present: Chris Carlson, Kara Czapinski, Darienne McNamara, Lisa DeGuire*, Ida Sampson*, Steve Roberts*, Jim Paine, Tim Ciembronowicz* Others Present: Shelley Nelson, Mark Liebaert 2. APPROVAL OF MINUTES 2.1. Public Works Committee (Meeting held December 5, 2024) MOTION by Ledin, second by Elm and carried to approve the minutes from December 5, 2024. 3. OLD BUSINESS 3.1. Recommendation to approve the revisions to the SAMP Ordinance and TIA Document. Committee members acknowledged the necessity of adjusting pricing for wetland permit fees and mitigation credits to meet current expectations and future developments. Darienne McNamara highlighted that the city’s expenses for SAMP projects primarily stem from staff time, with residential projects typically requiring 10-15 hours and commercial or industrial projects needing 15-20 hours. The existing permit review fees are set at $1,000 for commercial or industrial projects and $150 for residential ones. The complexity of commercial and industrial applications often demands more comprehensive submissions and additional staff support. Furthermore, the new personnel at the Wisconsin Department of Natural Resources have been requesting more detailed applications and alternatives analysis, resulting in increased staff time for permit assistance. The committee also addressed the need for the Council to have discretion in the approval of SAMP permits, stressing the significance of wetland protection and alignment with the city’s objectives. The current ordinance lacks sufficient provisions for the city to deny permits based on wetland value. There was a proposal to amend the ordinance to grant the Council greater authority in permit decisions, including a requirement for Council approval and guidelines for application evaluations. The standard timeline for permit approvals is currently 20 days; however, if the approval process is transferred to the Council, adjustments to this timeline may be necessary to allow for thorough reviews. Additionally, the committee emphasized the importance of assessing project density and community benefits during SAMP pre-application evaluations. Plans are underway to develop a twin program aimed at enhancing the city’s resilience by improving or restoring wetlands within [20250219R 23] city limits. Further discussions on this matter are scheduled for the May Public Works Committee Meeting. MOTION by Van Sickle, second by Ledin and carried to hold item 3.1 until the May 1, 2025, Public Works Committee Meeting. 4. NEW BUSINESS 4.1. Request from Ron Gustafson to purchase up to 1.0 credits from the City of Superior Compensatory Wetland Mitigation Bank. McNamara presented a proposal from Ron Gustafson seeking to acquire up to one credit from the city's compensatory wetland mitigation bank for the development of three lots in Spartan Circle. These lots were previously classified as high-quality wetlands and were excluded from permitting by the Wisconsin Department of Natural Resources and the U.S. Army Corps of Engineers in 2013; however, there is now an increased demand for residential development. Gustafson has submitted a permit application to the Wisconsin Department of Natural Resources and U.S. Army Corps of Engineers, both of which will ultimately determine the permit's outcome. The mitigation credit ratio is elevated for high- quality wetlands, particularly if the credits do not correspond to the type of impacted wetlands. Committee members engaged in discussions concerning the different mitigation ratios and highlighted the importance of maintaining flexibility in regards to credit prices for different types of projects. They expressed concerns about the project's associated costs and benefits, especially in relation to public services and infrastructure. As a result, the committee decided to postpone the request until further information is acquired, with members requesting detailed insights from the applicant about project plans, community advantages, comparable pricing if credits were purchased from the open market, and any pertinent costs or infrastructure needs that may arise from the project. MOTION by Van Sickle, second by Ledin and carried to hold item 4.1 until the March 6, 2025, Public Works Committee Meeting. 4.2. Request from Douglas County to purchase up to 1.0 credits from the City of Superior Compensatory Wetland Mitigation Bank. The committee reviewed a request from Douglas County to acquire up to one credit from the city's compensatory wetland mitigation bank for a project on Highway Z. The committee resolved to retain the request for further consideration until additional information is obtained, similar to what was requested for item 4.1. MOTION by Elm, second by Ledin and carried to hold item 4.2 until the March 6, 2025, Public Works Committee Meeting. Darienne McNamara left the meeting at 4:55 p.m. [20250219R 24] MOTION by Van Sickle, second by Ledin and carried to discuss items 4.5 and 4.6 next. 4.5 Recommendation to approve the Sidewalk Elimination Request near 208 24th Avenue East. The committee assessed the proposal for the removal of the sidewalk. It was concluded that the sidewalk serves no purpose, leading to a consensus on its elimination. MOTION by Ledin, second by Elm and carried to approve the Sidewalk Elimination Request near 208 24th Avenue East. 4.6 Report of Fleet Vehicle Auction Removals for 2024, with the request to sell surplus vehicles and equipment by auction in 2025. Committee members reviewed the report on vehicles auctioned in 2024 and the proposal to auction surplus vehicles and equipment in 2025. Councilor Van Sickle asked for a detailed list of the vehicles designated for surplus in 2025, along with the replacement strategy for each vehicle. MOTION by Elm, second by Ledin and carried to approve the request to sell surplus vehicles and equipment by auction in 2025. 4.3 Stormwater Permit Annual Report (No action required) 4.4 Environmental Services Safety and Loss Prevention Report (No action required) Councilor Van Sickle expressed gratitude to Tim Ciembronowicz and the ESD team for their comprehensive report, which was requested upon the filling of the position. Councilors were urged to contact Ciembronowicz with any inquiries or comments. 5 ADJOURNMENT Councilor Van Sickle announced the meeting adjourned at 5:16 p.m. The next Public Works Committee Meeting will be held on Thursday, March 6, 2025, at 5:00 p.m. in Room 204 of the Government Center. Respectfully submitted by Kara Czapinski [20250219R 25] 2025 - 2026 LEGISLATURE LRB-1587/1 ZDW:emw 2025 BILL 1 AN ACT to amend 281.61 (2r) (e) of the statutes; relating to: the use of federal 2 capitalization grant funds for lead service line replacement. Analysis by the Legislative Reference Bureau Under current law, the Department of Administration and the Department of Natural Resources administer the safe drinking water loan program (SDWLP), which provides financial assistance from the environmental improvement program to local governmental units and to the private owners of community water systems that serve local governmental units for projects for the planning, designing, construction, or modification of public water systems. DNR establishes a funding list for SDWLP projects, and DOA allocates funding for those projects. Current law specifies several allowable methods of providing financial assistance under the SDWLP, one of which is using funds received as federal capitalization grants. There is, however, a prohibition on using those funds to provide principal forgiveness to a private owner of a community water system. This bill provides that this prohibition does not apply to the use of federal capitalization grants for forgiveness of loans for the replacement of lead service lines. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: 2025 - 2026 Legislature -2- LRB-1587/1 [20250219R 26] ZDW:emw BILL SECTION 1 1 SECTION 1. 281.61 (2r) (e) of the statutes is amended to read: 2 281.61 (2r) (e) Using funds received as federal capitalization grants under 42 3 USC 300j-12, any other method that is consistent with the federal program for safe 4 drinking water state loan funds under 42 USC 300j-12 or any other federal law 5 providing funding for or otherwise relating to that program, except that funds 6 received as federal capitalization grants may not be used to provide principal 7 forgiveness, other than forgiveness of loans for the replacement of lead service lines, 8 to a private owner of a community water system. 9 (END) [20250219R 27] S U P E R I O R WAT E R , L I G H T & P O W E R Replacing lead drinking water pipes in Superior Current state law excludes SWL&P customers from important financial assistance; seeking your support to amend statute The issue Superior Water, Light & Power is working to replace lead water pipes to protect public health. Financial assistance for pipe replacement is available from the Environmental Protection Agency's (EPA) block grants through the Drinking Water State Revolving Fund (DWSRF). Funds have been allocated to each state for water utility customers to receive a portion of what it will cost to replace service lines on their property, but Wisconsin state law prohibits privately-owned utilities from providing this “principal forgiveness." SWL&P is the only private owner of a community water system in Wisconsin. The impact on SWL&P and its customers because of this exception in the law is significant. • Customers are responsible for replacing service lines from the curb stop to their home and the replacement cost is estimated to average about $10,000. • Principal forgiveness from the DWSRF could save customers approximately 50% of this cost. • Under the current statute, s.281.61(2r)(e), SWL&P customers can’t access the financial benefit available to customers of the state’s other drinking water providers. • Without DWSRF funds, the cost to offset a portion of service line replacement would be recovered through rates, resulting in higher water rates for customers. Our solution Amend the law to allow a privately-owned company to use principal forgiveness for lead service line replacement. The water utility is the only utility operated by SWL&P that does not qualify for federal funding due to state statute. Electric and gas customers have and continue to benefit from federal funding opportunities through those utilities. We are seeking support from stakeholders and legislators to advance legislation to amend s.281.61(2r)(e) and allow lead line service replacement forgiveness for privately-held water utilities. This would make SWL&P eligible to apply for EPA block grant funding through the WI DNR. A straightforward change in the state statute would allow SWL&P to receive the funding that ultimately helps people that need it in the Superior community. SUPERIOR WATER, LIGHT & POWER | 2915 HILL AVE. SUPERIOR, WI WWW.SWLP.COM Clean. Reliable. Superior. [20250219R 28] Support for amending the statute • Acton Inc. • APEX (Area Partnership for Economic Expansion) • Citizens Utility Board of Wisconsin • Dairyland Power Cooperative • International Brotherhood of Electrical Workers Local 31 • Laborers International Union of North America Local 1091 • Leah Hollenbach, Local Real Estate Professional • Northern Wisconsin Building Trades • Superior Business Improvement District • Superior-Douglas County Area Chamber of Commerce • Wisconsin Building Trades Council • Wisconsin Manufacturers & Commerce • Wisconsin Utilities Association About Superior Water, Light & Power Superior Water, Light & Power provides electricity, water and natural gas and has served Superior and northwestern Wisconsin since 1889. We employ about 100 people, many of whom are members of IBEW Local 31, and are a wholly owned subsidiary of ALLETE Inc., an energy company based in Duluth, Minnesota. ELECTRICITY NATURAL GAS WATER We deliver more than 50% renewable We provide natural gas service to 13,000 Lake Superior is the source of water energy to 15,000 customers in Superior customers in Superior and surrounding that we deliver to 10,000 customers in and surrounding communities. By communities. Our natural gas system is the city of Superior and surrounding purchasing electricity at wholesale prices, connected to two interstate pipelines, communities. Our thorough treatment we are able to combine reliable service providing enhanced reliability and process provides clean, safe drinking with rates that are among the lowest in competitively priced rates compared to water that is pumped via our distribution Wisconsin. other fuel sources. mains to homes. Who to contact for more information Jon Allen Joscy Skandel 24155 | 01.09.25 SWL&P SWL&P Zach Martin Superintendent, Manager regulatory ALLETE distribution compliance policy Government operations and rates affairs manager 715-395-6310 715-395-6234 262-719-9678 jallen@swlp.com jskandel@swlp.com zmartin@allete.com SUPERIOR WATER, LIGHT & POWER | 2915 HILL AVE. SUPERIOR, WI WWW.SWLP.COM [20250219R 29] RESOLUTION # R25-13826 RESOLUTION INTRODUCED BY COUNCILOR JOHNSON AND COUNCILOR FENNESSEY TO THE CITY OF SUPERIOR, WI COMMON COUNCIL, TO SUPPORT AN ACT TO AMEND 281.61 (2R)(E) OF THE WI STATE STATUTES; RELATING TO THE USE OF FEDERAL CAPITALIZATION GRANT FUNDS FOR LEAD SERVICE LINE REPLACEMENT. WHEREAS, under current state law, the Department of Administration and the Department of Natural Resources administer the safe drinking water loan program (SDWLP), which provides financial assistance from the environmental improvement program to local governmental units and to the private owners of community water systems that serve local governmental units for projects for the planning, designing, construction, or modification of public water systems. DNR establishes a funding list for SDWLP projects, and DOA allocates funding for those projects. WHEREAS, Current law specifies several allowable methods of providing financial assistance under the SDWLP, one of which is using funds received as federal capitalization grants. There is, however, a prohibition on using those funds to provide principal forgiveness to a private owner of a community water system. WHEREAS, Superior’s water utility is the only private owner of a community water system in Wisconsin, so residents cannot access the financial benefits available to customers of the state’s other drinking water providers. WHEREAS, LRB 0670 and 1587 provide that this prohibition does not apply to the use of federal capitalization grants for forgiveness of loans for the replacement of lead service lines. Removing the prohibition will allow residents in the Superior community to benefit from funding that will offset a portion of service line replacement cost that would otherwise fall on the residents through direct expense or higher water rates. NOW, THEREFORE, BE IT RESOLVED that the City of Superior, WI Common Council fully supports an act to amend 281.61 (2r) (e) of the statutes; eliminating the current prohibition on using those funds to provide principal forgiveness to a private owner of a community water system for the replacement of lead service lines. Passed and adopted this 4th day of February 2025. Mayor Attest: City Clerk [20250219R 30] 10.1 City Clerk's Office - Miscellaneous License Applications 02/19/2025 Amusement Device Operator License Period: 07/01/2024 to 06/30/2025 Alyce's Palace (18 devices), 1108 Tower Ave Recommend Approval Karaoke License Period: 07/01/2024 to 06/30/2025 Alyce's Palace, 1108 Tower Ave Recommend Approval [20250219R 31] [20250219R 32] [20250219R 33] [20250219R 34] [20250219R 35] [20250219R 36] [20250219R 37] [20250219R 38] [20250219R 39] DocuSign Envelope ID: 838F7B1C-8561-4821-A1A8-420EAAFB555D [20250219R 40] AMENDMENT I TO THE MEMORANDUM OF UNDERSTANDING By and Between The City of Superior And The Superior Public Museums The City of Superior, a Wisconsin municipal corporation, and the Superior Public Museums, a nonprofit organization, are parties to a Memorandum of Understanding dated October 17, 2002. The parties hereby wish to amend the Memorandum, effective as of October 4, 2017, as follows: Section 1). Addresses are updated as follows: To the City of Superior: Office of the Mayor 1316 North 14th Street Superior, Wisconsin 54880 To the Superior Public Museums: Superior Public Museums Attention: President 906 East Second Street Superior, Wisconsin 54880 Section 3). The Superior Public Museums shall maintain the Premises in good, sanitary and safe condition, suitable and attractive for public tours and use. The City shall be responsible for large capital projects, including systems, and non-programming related structural repairs and maintenance. Superior Public Museums shall be responsible for minor routine maintenance or repairs and programming related upgrades as resources are available. “Programming related”, for purposes of this memorandum shall be defined as repairs or maintenance that are inherent to the Superior Public Museums’ marketing, signage, interpretative restoration efforts, enhancing museum visitor experiences, or improving revenue for the Superior Public Museums. The City may provide collaboration on the minor maintenance, repairs, and upgrades with labor support. The City and the Superior Public Museums may collaborate with resources on all projects. The Superior Public Museums shall provide for security of the Premises and shall keep it locked and secured when not in use by the Public Museums. The Superior Public Museums shall provide staff for daily cleaning, lawn care and snow shoveling of the sidewalks of the Premises. The City shall provide snow plowing of the parking lot of the Premises. Section 4). In consideration for the routine maintenance, operation and staffing of the Premises, the City agrees to grant the Public Museums an annual stipend. The level of funding provided in the grant will be determined annually through the regular City Budgeting process. Section 6). Omit from the Memorandum of Understanding. DocuSign Envelope ID: 838F7B1C-8561-4821-A1A8-420EAAFB555D [20250219R 41] All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have signed the Amendment as of the date first written above. ATTEST: Superior Public Museums By:______________________________ By:________________________________ Kelly Peterson, President Mitchell Routh, Treasurer By:______________________________ By:________________________________ Spencer Miller, Secretary Sara Blanck, Executive Director ATTEST: City of Superior _________________________________ ________________________________ Mayor City Clerk _________________________________ ________________________________ Finance Director/Sr Admin Officer City Attorney Approved at the Superior Common Council on October 3, 2017

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