Plan Commission (Meets 2nd Tuesday of each month at 5:00 p.m.)
Regular MeetingSuperior, WI · February 21, 2024
Minutes
PLAN COMMISSION Minutes
February 21, 2024 Regular Meeting
The meeting was called to order by Chair Paine at 4:00 pm on February 21, 2024 in Government Center
Room 270.
1 ROLL CALL
PRESENT: Jim Paine, Brent Fennessey, Brian Finstad, Garner Moffat, Lindsey Graskey
VIRTUAL: Anne Porter
ABSENT:
CITY STAFF PRESENT: Director Serck, Tech Becken, Chief of Staff Scherf, Clerk Blunt,
Jeff Skrenes
OTHERS PRESENT: Shelly Nelson, Jenny Van Sickle, Mark Johnson (online), Charmaine
Swan (online), Pat McKone (online), Todd Burlet (online), Craig Sutherland (online)
Jennifer Zehm, Dan Olson, Kyle Buchovich
2 APPROVAL OF MINUTES
2.1 Plan Commission Minutes from January 17, 2024
MOTION to approve January 17, 2024, minutes by Vice-Chair Fennessey, seconded by
Commissioner Graskey. Carried.
3 OLD BUSINESS
4 NEW BUSINESS
4.1 Presentation by Starry Skies North Todd Burlet
Todd Burlet from Starry Skies North shared insight into light pollution and why a dark night sky is
important for communities. Director Serck shared that while the City currently has an ordinance that
applies to shielding, there is potential for more enforcement and welcomed more ideas for how to
support existing light sources in reducing light pollution.
4.2 Proposed regulations for tobacco, cannabis, hemp or e-cigarette retailers
Pat McKone and Charmaine Swan from the American Lung Association shared information on vaping and
how nicotine/vaping use has changed in the last few years. Vice-Chair Fennessey asked for clarification on
the goal of adding some sort of ordinance restricting vape sales within City limits. Chair Paine highlighted
restricting underage access and limiting where new stores would be able to sell. Voce-Chair Fennessey
asked which city department would be seeing to size compliance. Director Serck said any new
enforcement asks would most likely be on Building Inspection. He also noted that multiple drafts were
presented to the Plan Commission with one being a more expansive ordinance based on a recent one from
Milwaukee and the other mirroring a current Special Use Permit that was used for payday loan
businesses. Both were presented as first round drafts that were simply a starting place for conversations
that would continue in Public Safety, the Clerk’s office, Planning, and other departments with interest.
Vice-Chair Fennessey asked for clarification on if it is the substance or delivery method that is going to be
regulated. Chair Paine said delivery method seemed to be the focus, but there’s room for discussion and
changes.
PLAN COMMISSION MINUTES – 02/21/2024 Mtg (Meets monthly on 3RD Wednesday of each month) Page 1 of 3
Vice-Chair Fennessey asked for clarification on what sort of enforcement already exists for places of
business that sell to underage people. McKone shared the T21 laws and the difference in Wisconsin and
some states where there can selling products to 18–20-year-olds can be a gray area. Fennessey would like
to see the ordinance refined to meet a specific, enforceable goal. Chair Paine noted that by way of having
an ordinance, regardless of board enforceability, often the existence of the ordinance leads to compliance.
Commissioner Graskey shared that she looks forward to continuing to work on this while keeping an eye
on Duluth as well, anticipating that changes in Minnesota law impact border cities differently.
Commissioner Moffat requested a look at the language around the restricted districts, noting that
residential is allowed in all districts now—some by special use permit and others in mixed use.
Chair Paine invited councilors, presenters, and the public to comment or ask questions.
Councilor Johnson shared his experience at the Superior High School with continued struggles with vaping.
He shared willingness to continue working on the presented drafts, as they were a starting place. He
shared he could get students and faculty to share their experience in the future if that was helpful to the
commission and other teams who would be working on future plans.
Presenter Pat McKone added that vape shops would now be subject to State law and licensing in ways
they have not been in the past. Craig Sutherland, private business owner, asked for clarification on if
Superior could make a 21+ rule and make it enforceable. Chair Paine said he believed home rule, short of
it being forbidden at the state or federal level, would be enforceable. Sutherland asked if the ordinance
would impact existing businesses. Director Serck answered that in the past, ordinance changes like these
have applied to new businesses, not the existing. Sutherland also invited the commission to have legal
look at federal farm bills as ‘hemp’ may be protected there.
Commissioner Finstad asked if restricting businesses to M1 and M2 would be an environmental justice
issue and to keep that in mind for if there are residents living in those areas. Director Serck noted there
are still many discussions to be had in the future by multiple groups. Commissioner Graskey asked for
clearer definitions and to have a better understanding of how many licenses are already in Superior for
tobacco sales and how many will be added with the vape licensing. Clerk Blunt offered to send the
commissioners the new information she had from the state concerning licensing and definitions and to
also make available the number of current licenses. Chair Paine asked staff to do a redraft of the
ordinance and for the commissioners to continue talking and researching what they might like to see.
Commissioner Graskey left at 5:10.
4.3 Landscape Grant Program Discussion & Program Updates
Tech Becken shared that the next round of the Landscape Grant opportunity was scheduled to start in
the spring. Missinne Landscape has offered to be on board for the next round of grants. Vice-Chair
Fennessey asked if staff recommended changes. Staff did not recommend changes and encouraged
running it similarly to last year, as it continues to be a pilot program. Commissioner Moffat asked when
the Plan Commission would need to decide about whether to do another year. Chair Paine said in the
summer would be best, to arrange funding. Commissioner Moffat noted the Neighborhood Improvement
Fund as a possible source, especially if the investment increased. Director Serck added that for future
programs, an RFP will most likely need to be made available and recommended the group talk about the
future of the program when the grants are awarded over the summer. At 5:40 Commissioner Porter left.
Commissioner Graskey re-joined the meeting virtually at 5:42.
PLAN COMMISSION MINUTES – 02/21/2024 Mtg (Meets monthly on 3RD Wednesday of each month) Page 2 of 3
4.4 Land Trust Discussion
Planner Skrenes shared his experience with Land Trust process and how it is used in different ways by
communities to offer a different path to homeownership. He shared the process looks different in
different areas and that he is researching the ways it works in Wisconsin. Commissioner Moffat shared
his experience as well and noted available resources for commissioners who were not familiar with the
land trust model. He continued noting that One Roof in Duluth could be a resource as they run different
versions of a land trust model. Skrenes noted that the model is not the best fit for everyone, but when it
is a good fit, it can be a way for people to buy their first home and pay a mortgage that is less than rent
and when they sell and move, they still have the equity in their home. Director Serk said that next steps
would be to invite groups like One Roof and the groups Jeff Skrenes has been working with to discuss
what models of land trusts they currently use and discern what might be a good fit for Superior. Chair
Paine noted that policy and process were two major things to think on if the Plan Commission wanted to
pursue the Land Trust model in the future, and due to staff experience, the possibility was there. He
asked about initial cost. Commissioner Moffat said there is an opportunity for economy of scale—while
the Vacant to Value program is a start, committing to something, whether apartment, commercial,
single homes, etc.—making an impact and making it sustainable would mean an investment and added
that there may be the option of partnering with a group or agency already in a Land Trust model to
maximize investment. He also added options as tax forfeit properties come up, they may be an
opportunity. Skrenes shared experience of Minneapolis and St. Paul buy in amounts with various success.
Commissioner Finstad shared his experience with the Twin Cities Land Trust properties and noted a
positive experience. Planner Skrenes will return to Plan Commission with more information after the April
WEDA land trust meeting.
Chair Paine invited public comment. Dan Olson, Superior resident, shared his support for the Nemadji
Trail Energy Center. Jennifer Zehm, Superior resident, shared she was continuing to learn about the NTEC
project and hoped the Plan Commission and the rest of the community would as well. Kyle Bukovich
shared his support for the Nemadji Tril Energy Center.
5 ADJOURNMENT
Meeting adjourned at 6:00
Respectfully submitted by Stephanie Becken.
PLAN COMMISSION MINUTES – 02/21/2024 Mtg (Meets monthly on 3RD Wednesday of each month) Page 3 of 3
Agenda
PLAN COMMISSION Agenda Amended
WEDNESDAY, February 21, 2024–4:00 p.m.
Government Center Room 270
Microsoft Teams Meeting ID: 223 069 663 551 Passcode: 6oWwZY
Direct Link: LINK TO MEETING
Or call in (audio only) 1-872-242-8028
Phone Conference ID: 472 210 618#
MISSION STATEMENT: To guide and coordinate development including harbor related issues in
accordance with existing and future needs. City Code 98-2.
COMMITTEE MEMBERS: Jim Paine (chair), Brent Fennessey (vice-chair), Lindsey Graskey, Brian Finstad,
Garner Moffat, Anne Porter
1 ROLL CALL
2 APPROVAL OF MINUTES
2.1 Plan Commission Minutes (January 17, 2024)
3 OLD BUSINESS
4 NEW BUSINESS
4.1 Presentation by Starry Skies North Todd Burlet
4.2 Proposed regulations for tobacco, cannabis, hemp or e-cigarette retailers
4.3 Landscape Grant Program Discussion & Program Updates
4.4 Land Trust Discussion
5 ADJOURNMENT
Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and
although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting.
Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in
the public meeting process, please call (715) 395-7200 by 4:30 p.m. on the day prior to the scheduled meeting date
(OR dial 711 for Telecommunications Relay Service). The City will attempt to accommodate any request depending
on the amount of notice received.
In compliance with Wisconsin Open Meetings Law, this agenda was posted on 2/16/2024 at the following locations: Superior Government
Center, Douglas County Courthouse, Superior Public Library, and online at https://www.ci.superior.wi.us/agendacenter. It was also emailed the
Superior Telegram.
PLAN COMMISSION AGENDA – 2/21/2024 Mtg (Meets monthly on 3RD Wednesday at 4:00pm.) Page 1 of 1
PLAN COMMISSION Minutes
January 17, 2024 Regular Meeting
The meeting was called to order by Chair Paine at 4:01 pm on January 17, 2024 in Government Center
Room 201.
1 ROLL CALL
PRESENT: Jim Paine, Brent Fennessey, Brian Finstad, Garner Moffat, Lindsey Graskey
VIRTUAL: Tyler Vandenberghe, Mike Bull, Erin Dukart, Pamela Guthman, Sarah
Mooradian, Lindsey Conley, Jared, Casey Werner (MP), Hudson Kingston, Brittany Keyes,
Geoff Tolley, Chris Rankila, Nate Boettcher, Taylor Pedersen, Lynn, Matt Ehrman, Becky
Kern, Councilors: Jenny Van Sickle, Nick Ledin, Mark Johnson
ABSENT: Anne Porter
CITY STAFF PRESENT: Director Jason Serck, Tech Stephanie Becken, Chief of Staff
Rebecca Scherf
OTHERS PRESENT: Jacob Ahrens Baldwin, Josh Skelton, Chris Tarpey, Dan
McCourtney, Mary McConnell, Mrk McConnell, Barb Hendrick, Brett Korte, Kevin Norbie,
Ron Franz, Gavin McCollam, William Volkman-Lien, Julie Pierce, Dan Olson, Brian
Hubbard, Kirk Ilenda, Pattie Soleday, Jennifer Kuklenski, Kyle Bukovich, Christine Martin,
Taylor Pedersen, Valeree Hubble for Bruce Doyle, Lisa Fitzpatrick, Lee Sandok Baker,
Mark Liebert, Councilors: Jack Sweeney, Tylor Elm, Ruth Ludwig, Mike Herrick
2 APPROVAL OF MINUTES
2.1 Plan Commission Minutes from December 20, 2023
MOTION to approve December 20, 2023, minutes by Commissioner Fennessey, seconded by
Commissioner Graskey. Carried.
3 OLD BUSINESS
4 NEW BUSINESS
4.1 Public Hearing for Special Use Permit Krisak
Director Serck explained the special use permit is rather standard for ice machines of this type already in
existence in Superior and recommended the Plan Commission recommend the application for approval
by Council.
MOTION to close public hearing and recommend the special use permit for approval by
Commissioner Fennessey, seconded by Commissioner Moffat. Carried.
4.2 CSM 24-01 for Bruce Doyle
Director Serck explained the CSM presented is meant to combine two side by side parcels that are on two
plat maps in order to unify the parcel for future residential building and noted it was straightforward,
easy to number, and recommended approval.
MOTION to approve the proposed CSM by Commissioner Graskey, seconded by
Commissioner Moffat. Carried.
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4.3 Nemadji Trail Energy Center Informational Presentation by Jennifer Cady: Vice President
of Regulatory and Legislative Affairs ALLETE/Minnesota Power
Chair Paine offered up an option for protocol for the meeting. Paine recommended the
Plan Commission listen to both presentations, and then public comment for 3 minutes each
where questions would be noted for when the commissioners were engaging directly with
the presenters at a later time in the meeting. Paine also noted City Councilors in
attendance and recommended they be able to offer questions and input after the public
comment time, as they customarily have some special privileges in commission meetings.
Then, after all outside comments, the Plan Commissioners would engage in discussion and
would ask their own questions and share their own thoughts while also asking the
questions that were brought up during public comment and Councilor comment. Chair
Paine reminded commissioners they could change the format at any time. Plan
Commissioners did not have alternative ideas on how the meeting should progress.
Jennifer Cady introduced staff members working on the Nemadji Trail Energy Center Project
(NTEC) and shared the timeline of the project from purchase of land, initial vacating and rezoning
of part of the property, State and Federal level approvals, to current time as approvals continue to
finalize and more vacations and a rezone request will be made soon. (Handouts from this
presentation are included as exhibit 1 in minutes).
4.4. Clean Wisconsin Nemadji Trail Energy Center Presentation by Brett Korte: Staff Attorney for Clean
Wisconsin
Brett Korte shared a presentation on Clean Wisconsin’s concerns on building the proposed NTEC
plant in Superior along the Nemadji River. Korte shared different aspects of the possible
environmental impacts including local issues, water quality, air quality, and climate. He also
shared the places within the regulatory process that Clean Wisconsin is currently challenging in
the court systems. (Presentation is included as exhibit 2 in minutes).
Chair Paine opened public comment with a 3 minute limit to each speaker. He encouraged
speakers to share any questions they wanted the Plan Commission to ask during discussion. 18
citizens shared during public comment, including 2 online. City Councilors were invited to ask
questions. Online, Councilor Van Sickle shared her concerns and questions concerning the project.
Attending councilors were invited to share any other questions. Councilor Ludwig asked about
Superior residents existing need for power and would power generated at NTEC go to Superior
residents.
Chair Paine opened discussion for Plan Commissioners. Commissioner Fennessey asked for
clarification from Clean Wisconsin on the progress and results of their environmental challenges.
Korte shared that so far they are still working through some challenges and don’t have the end
result, and that some of the final documents from permitting entities are not complete. There are
cases, specifically for the air quality, actively in appellate court.
Commissioner Graskey asked if the potential vacations would block public access to the water.
Director Serck shared the streets are undeveloped and any vacations in this area would not block
PLAN COMMISSION MINUTES - 1/17/24 Mtg (Meets monthly on 3RD Wednesday of each month) Page 2 of 5
existing public access. Commissioner Graskey continued, asking who pays for the additional
wastewater infrastructure that will need to be added to accommodate the systems. Chair Paine
shared the City was responsible. Commissioner Graskey asked if households and other consumers
would be part of the line. Dan McCourtney, Manager of Strategic Environmental Initiatives with
Minnesota Power answered that yes, others would be part of the wastewater flow, but that MN
Power was working closely with the City to understand what quality the water will first need to be
before it can access the pipes. Commissioner Graskey asked why the plant was changed from
water cooling to air cooling. McCourtney shared there was a concern on water and water use and
the move to air cooling has been positive. Graskey asked for MN Power’s experience building in
clay. McCourtney said they’ve built in many different land quality situations and are prepared for
the uniqueness of the clay and mentioned the substantial retaining wall. Commissioner Graskey
asked how close the facility would be to the cemetery and what sort of lighting was planned.
McCourtney shared they were about 100-250 feet away from the property line and planned to use
lighting that would not be intrusive. Graskey asked about what sort of community engagement
had been pursued. McCourtney mentioned open houses in the past and named others coming in
the future. Graskey asked for clarification if vulnerable populations who may not be able to leave
their homes were consulted. McCourtney shared they had not and didn’t normally do door
knocking, but thought the previous and future opportunities brought many populations to the
table for input.
Graskey asked for a very simple definition of hydrogen power. McCourtney shared it was an
immature technology that splits water into parts, including hydrogen that can be burned for
power.
Graskey asked how close the nearest resident lived. McCourtney answered a quarter mile away.
Graskey followed up about how emissions impact the community. McCourtney shared that many
variables go into emissions impact including weather and the type of emission.
Commissioner Finstad asked about property use. Director Serck shared that if the rezone to M2 is
allowed, the changed area then is allowed to be used for any prescribed purpose as noted in the
code. Commissioner Finstad followed up about what sort of buffer would be required. Director
Serck noted that the abutting Suburban zone would make the new M2 area have to follow all
buffering rules that exist in code for manufacturing properties that are next to residential.
Chair Paine asked about the process for consulting with the different tribal entities. Jennifer Cady
noted the Federal Government was the entity that did the consultation, as was appropriate when
working with a Sovereign Nation. Chair Paine asked Councilor Van Sickle’s question about if the
Union representative, who claimed the exhaust was the equivalent of filtered steam was correct.
Dan McCourtney answered that the claim is incorrect and not the claim of Minnesota Power.
Chair Paine asked if the Union representative who claimed the tribes are only angry due to input
from Councilor Van Sickle was speaking on behalf of the NTEC project. Dan McCourtney offered
no comment.
Commissioner Fennessey noted the stormwater issues and the washed out burial grounds just
downstream of the site and asked if NTEC is worried about erosion. Dan McCourtney shared they
were working closely with the DNR to ensure they were following all guidelines to avoid and
prevent erosion in the future.
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Commissioner Graskey asked about different plants around the state that might be similar and
what sort of health plans were in place due to emissions. Jennifer Cady shared that each
community has a Community Advisory Panel, and she would anticipate doing the same in
Superior. Graskey asked about the newspaper article about a potential sale. Jennifer Cady said
the rumors are very common in their field and would not impact this project.
Chair Paine asked Councilor Ludwig’s question about if the power made at the plant will stay in
Superior. Julie Pierce, Vice President of Strategy and Planning for Minnesota Power shared the
power made at the NTEC plant would go into the power supply for the region that is used by
Superior Water Light and Power as well as other areas in Wisconsin and Northern Minnesota.
Chair Paine asked for clarification on what a merchant plant is. Pierce shared it meant in the state
of Wisconsin that the power goes directly to customers. Chair Paine asked for clarification on the
‘wholesale’ aspect. Pierce shared that some power generating plants generate power only to sell
to other providers, but the NTEC one will serve locals as well. Jennifer Cady clarified some
differences in Minesota and Wisconsin statutes on how power is sold so the classifications can be
confusing. MN Power has to have merchant classification because MN Power doesn’t have direct
Wisconsin customers—Superior Water Light and Power does and for Superior Water Light and
Power to buy the power from MN Power, the classification has to be there.
Chair Paine asked about Burns and McDonnell. Pierce shared they are national engineering,
design, and planning firm that often works with large utility projects. Chair Paine asked about
how the relationship with the DNR, Burns and McDonnell, and NTEC staff works. Dan McCourtney
stated in house staff works first with the DNR and brings in Burns and McDonnell for consulting as
needed. Chair Paine asked for clarification on the aquifer and well permit. Dan McCourtney
shared there was a difference in opinion with the DNR when that original plan was made, but the
pivot to air cooling is a positive one. Chair Paine asked for clarification on the FONSI process, as it
looked like the report was largely put together by the applicants and their consultants.
McCourtney shared the process did include the applicant doing a significant part of the work on
the application and then turning over their information to the RUS (Rural Utilities Service) at
which point the RUS digs in, challenges what they see fit, and finalizes it.
Chair Paine noted the public process portion seems limited and that the applicant and regulator
relationship seems close. McCourtney disagreed about closeness between applicant and
regulator, but noted there are cases where, to be in compliance in things like erosion control, they
work closely with bodies like the DNR to make sure they’re doing things correctly. Chair Paine
expressed that the current regulatory process in the Wisconsin is far from rigorous, siting City
disagreement with findings and lack of communications from the DNR and other regulatory
agencies when the City requested the findings reports. Chair Paine asked for clarification on the
economic development and jobs claims. Pierce noted the project has evolved over 7 years and the
design and needs have changed some as well as the technology. Chair Paine asked what else the
City could expect to evolve. Pierce shared that any significant changes would require a new
process for approval—so they won’t be making any significant changes. Chair Paine asked if it
could be expected that the jobs will be local. Pierce shared that effort will be made to use local
workers where practical. Chair Paine noted that a lot of money leaves the city when transient
workers are brought in and rental prices increase. Pierce replied that the trend is concerning and
one that local governments and broader regional planning may need to undertake seriously.
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Chair Paine mentioned the EPA’s findings that show a potential 2 billion dollar negative
community impact on these types of projects. Paine asked if there’s a community that has shown
a measurable positive impact after a power plant like this was built. Pierce would like to know
how the commission looks at other industries with questions like that, so future discussion can
include the things the commission is considering. Chair Paine noted tax talk, and made it clear
Utility Aid is calculated by megawattage and is a fixed amount that most likely doesn’t change.
This is different than the local taxes that adjust based on value changes.
Chair Paine asked if the plant would burn diesel. Pierce said no, burning diesel is not the plan. Dan
McCourtney shared a 2-part answer. The plant will have diesel for backup generators, like most
large facilities of this nature. Burning diesel, while it is part of the application they submitted, is
not the active plan. Before the plant would move from natural gas to diesel, it would need to be
refitted and be up to the standard of whatever the regulations of that future might require. Pierce
noted historically, burning diesel has only been used in a state of emergency.
Chair Paine noted the neighborhood could be argued as walkable and asked NTEC to relabel the
site on their website correctly, as they have it labeled industrial. Chair Paine shared his thoughts
on the lack of input from local indigenous populations and the factual errors that were found in
the permits that weren’t corrected, even after tribal input was offered. The errors and lack of local
band member input, especially the input of those who have a burial so close, is egregious.
Commissioner Fennessey noted there’s reasonable argument that the area, while near some
residential, is markedly industrial in nature. Chair Paine agreed that’s a fair argument that could
be made and will come up in the future.
Chair Paine invited any other questions or comments from the Plan Commission and thanked
those in attendance.
5 ADJOURNMENT
Meeting adjourned at 6:41
Please find Exhibit 1 & 2 attached
A recording of the meeting can be found on the City of Superior Agenda Center
Respectfully submitted by Stephanie Becken.
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Exhibit 1
Exhibit 2
Nemadji Energy Trail Center:
A Bad Deal for Superior
City of Superior Planning Commission
January 17, 2024
Brett Korte, Staff Attorney
Clean Wisconsin
About Clean Wisconsin
• Founded in 1970
• Our mission is to combat climate change and pollution in our air,
water, and land, and ensure a healthy future for every Wisconsin
community.
• Over 30,000 members and supports across the state
• Scientific, policy, and legal expertise
v informs our advocacy
Overview of the Nemadji Trail Energy Center
• Proposed methane gas power plant
• Up to 625 megawatts
• To be built in Superior
• Along the Nemadji River
• Off 31st Ave. E
• Directly adjacent (SW) of the St. Francis Cemetery
• Proposed by Dairyland, ALLETE, and Basin Electric
• Anticipated to start operating in 2028
NTEC Proposed Location
Environmental Impacts: Local
• Located on a steep, 46-foot slope leading to the Nemadji River
• Heavy rains and highly erodible slop risk catastrophic failure leading to severe
water quality impacts to river
• Requires a large sheet pile retaining wall across 80% of the site, requiring 26,000
cubic yards of soil to be excavated for installation of, and another 80,000 cubic
yards of backfill
• Are prone to large, intense rainfalls—expected to continue in the future under
current climate predictions.
• Stormwater pond at the top of the slope
Environmental Impacts: Local
• Neighbors exposed to safety hazards associated with truck traffic and
construction, dust, and noise
• Use of 31st Avenue E. as the access haul road, with an increase of
200-260 vehicles per day
• After construction, increased air emissions, fog/ice/condensation,
visual impacts, employee traffic, lights, possible stormwater changes
• an increased safety hazard in a neighborhood that already suffered a
major industrial accident at the Husky refinery
Environmental Impacts: Water
• At least 4.36 acres of permanent wetland fill and 14.8 acres of temporary impact
on the staging area that may last up to 3.5 years
• Incorrect characterization of the wetlands leading to undervaluing the ecosystem
services provided and the amount of mitigation required
• Wetland impacts likely to reduce water retention ability
• Many of the wetlands contain diverse native plants, and likely large numbers of
rare plants species
Environmental Impacts: Air
Environmental Impacts: Air
• DNR found the total impact from NTEC plus background pollution would cause
air pollution concentrations equaling:
• 97.4 % of the ambient air standard for NOx (Nitrogen Oxides)
• 80.9% of the ambient standard for PM2.5 (particulate matter)
• Ozone cause headaches, coughing, dry throat, shortness of breath, a heavy feeling
in chest, and fluid in the lungs
• Chronic exposure can cause asthma
• PM exposure can have cardiovascular effects (ardiac arrhythmias and heart
attacks) and respiratory effects (asthma and bronchitis)
• Risk compounds for at-risk individuals
Environmental Impacts: Climate
• Would add over 2.7 million tons of CO2e per year
• 4% of Wisconsin’s total GHG emission (2021)
• Projected lifespan of 40 years
• 109 million tons of CO2e total
• Not counting emissions from extracting methane, including leakage
• Inconsistent with Gov. Evers’ 100% carbon-free electricity standard,
national climate commitments, and limiting warming to 1.5° C by
2050
Regulatory Process
• Public Service Commission of Wisconsin
• Wisconsin Department of Natural Resources
• Wetland/waterway permits
• Air pollution permits
• Local permits
• Army Corps of Engineers Wetland permit
• USDA Rural Utilities Service Loan
A Changing Landscape
• Subsidizing gas inconsistent with current state and federal priority of
transitioning to renewable energy
• New opportunities through the federal Inflation Reduction Act
• tax credits
• $9.7 billion in funding for rural electric cooperatives to transition to
renewable generation
• New proposed EPA regulations that would require NTEC to achieve
30% hydrogen co-firing just 4 years after it begins operation.
• Costs of renewables continue to drop
• Availability of battery storage
Questions?
ORDINANCE #O24-
AN ORDINANCE INTRODUCED BY THE DEPARTMENT OF PLANNING AND
DEVELOPMENT TO AMEND THE CITY CODE, CHAPTER 122, ZONING, ARTICLE
V. SPECIAL USES.
The Common Council of the City of Superior, Wisconsin, does ordain as follows:
SECTION 1: Chapter 122, Zoning, Article V. Special Uses, of the City Code of
Ordinances of the City of Superior, Wisconsin, is hereby amended to read as follows:
Sec. 122-614. Enumerated.
(4X) Tobacco, E-Cigarette, Vape, Cannabis, Hemp businesses--as defined as an
establishment in which 10 percent or more of the gross public floor area is devoted to, or 10
percent or more of the stock in trade of the following: cigarettes, tobacco products,
cannabis products, hemp products, e-cigarette products such as propylene glycol, glycerin,
nicotine, flavorings , personal vaporizers, electronic nicotine delivery systems, or any
device used to ingest tobacco, cannabis or hemp shall be limited to M1 & M2 districts and
cannot be located within 2,500 feet of any other Tobacco, E-Cigarette, Vape, Cannabis,
Hemp business. The following requirements must be met:
a. Per Capita, one business per 5,000 residents in the city as reported by the most
recent decennial census.
b. Business cannot be located within 300 feet of any residential district.
c. Business cannot be located within 1,000 feet of an elementary or secondary school,
library, childcare center, park, or playground
d. Business must be licensed under section XXXX
e. Signage limited to XXXX
f. Business cannot be located within 500 feet of any premises holding a cigarette and
tobacco license.
SECTION 2: All ordinances and parts of ordinance in conflict herewith are hereby
repealed.
SECTION 3: 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 of
competent jurisdiction, such decision shall not affect the validity of any other section, subsection,
sentence, clause or phrase or portion thereof.
SECTION 4: This ordinance shall take effect and be in force from and after its passage
and publication, as provided by law.
ORDINANCE #024-
AN ORDINANCE INTRODUCED BY THE PLANNING COMMISSION TO AMEND BY
CREATING THE CITY CODE, CHAPTER 122 – ZONING , ARTICLES I & V -- ZONING
REGULATIONS FOR TOBACCO, CANNABIS, HEMP, OR E-CIGARETTE RETAILERS
This ordinance provides that, in the zoning code, the term “tobacco, cannabis, hemp, or e-cigarette
retailer” shall mean an establishment in which 10 percent or more of the gross public floor area or 10
percent of stock in trade consists of cigarettes, tobacco products, cannabis, hemp or e-cigarette
products.
This ordinance also provides that, for zoning purposes, the use classification of a tobacco, cannabis,
hemp, or e-cigarette retailer shall be as follows: 1. Limited use – M1 & M2 industrial districts. 2.
Prohibited use – all other districts.
The Mayor and Common Council of the City of Superior do ordain as follows:
Part 1. Section 122-1 of the code is amended to read:
122-1. Definitions. RETAIL ESTABLISHMENT, GENERAL means an establishment providing retail
sale of new products to the public and rendering services incidental to the sale of such products,
including, but not limited to, sale of: art supplies and picture frames, art works, auto parts, baked goods,
bicycles, books, newspapers and magazines, collectibles, dry goods, notions and novelties, flowers and
plants, food and beverages, furniture and floor coverings, hardware, hobbies, toys and games,
household goods, jewelry, luggage, major appliances, music, records, compact discs and tapes, paint
and wallpaper, pets, pharmaceutical products, photo equipment and processing, sewing apparatus,
sporting goods, stationery[[, tobacco products]] and wearing apparel. This term includes, but is not
limited to, a grocery store, specialty food store, antique store, liquor store, butcher shop, delicatessen,
portrait studio, furniture or appliance rental establishment or video rental or sales business. This term
does not include an adult retail establishment, tobacco or e-cigarette retailer, lumber yard, building
supply or home improvement center, garden center or secondhand store.
Part 2. Section 122-1 of the code is amended to read:
Definitions. TOBACCO, CANNABIS, HEMP, OR E-CIGARETTE RETAILER means an
establishment in which 10 percent or more of the gross public floor area is devoted to, or 10 percent or
more of the stock in trade consists of, the following: cigarettes, tobacco products, cannabis, hemp, e-
cigarette products such as propylene glycol, glycerin, nicotine, flavorings, or other products for use in
electronic cigarettes, personal vaporizers, or electronic nicotine delivery system, or any device used to
ingest cigarettes, tobacco products, or e-cigarette products. This term does not include a tobacco bar as
defined in s. 101.123, Wis Stats.
Part 3. Article V – Special Uses - Section 122-614 (41) is created to read:
(41) Tobacco, Cannabis, Hemp or E-Cigarette retailers limited to M1 & M2 zoning districts and cannot
be located within 2,500 feet of any other tobacco, cannabis, hemp, or e-cigarette retail location. The
following requirement must be met:
a. Per capita, one business per 5,000 residents in the city as reported by the most recent decennial
census.
b. The tobacco, cannabis, hemp, or e-cigarette retailer shall not be within 1,000 feet of an elementary
or secondary school, library, day care center, park or playground.
c. The tobacco, cannabis, hemp, or e-cigarette retailer shall not be within 500 feet of a premises holding
a cigarette and tobacco license.
Date: July 27, 2023 City Council: August 1, 2023
MEMORANDUM
TO: Honorable Mayor Paine and Members of the Common Council
FROM: Jason Serck,
Economic Development, Planning & Port Director
RE: Scenery & Home Landscape Grant Pilot—Year 1
INTRODUCTION- The City of Superior has received 350 applications for the 2023 Scenery and
Home Landscape Grant cycle. A team of judges including staff from multiple departments has
reviewed the applications through the preferred criteria lens provided by the Plan Commission.
Factors such as location on a corner lot and location on a busy corridor of the City were two
main criteria considered. The team of judges, in addition to the landscaper who will be working
on the project, have recommended 4 yards for consideration for this pilot grant project. The total
proposed for the four yards would total $13,300 in year 1 and $1,700 in year 2.
BACKGROUND–Scenery and Home Landscaping Grant. This pilot grant program was
approved at the December 21, 2022 Plan Commission and by City Council January 3, 2023. The
program allows for 2 full grant cycles—one starting in 2023 and the other in 2024. Each ‘cycle’
includes an introductory package from Missinne Greenhouse & Landscape the first year and a
follow up maintenance visit the second year. The budget for each cycle (initial landscape and
follow up maintenance visit) is not to exceed $15,000. At least 3 yards must be completed each
cycle.
Missinne Landscape has put together initial concept sketches that compliment the quotes. The
sketches are subject to change and evolve as consultations happen between the landscaper and
property owner.
RECOMMENDATION – Please approve this Scenery & Home landscape grant applications and
development agreement.
Recommended: _______________________________
Mayor Jim Paine
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