PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN. August 19, 2014

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1 PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING SUPERIOR, WISCONSIN The Regular Meeting of the Common Council was called to order by Mayor Bruce C. Hagen at 6:30 p.m. in the Government Center, Board Room PLEDGE OF ALLEGIANCE 2. ROLL CALL Dan Olson, Tom Fennessey, Warren Bender, Jack Sweeney, Denise McDonald, Terry Massoglia, Bob Finsland, Mike Herrick, Dennis Dalbec, Esther Dalbec 10 Youth Councilor: August Cadotte Also Present: Mayor Hagen, City Attorney Prell, City Clerk Kalan 3. PROCLAMATIONS AND COMMENDATIONS 4. APPROVAL OF MINUTES - August 5, Regular Council meeting. MOTION by Councilor E. Dalbec, seconded by D. Dalbec and carried, to approve. MOTION by Councilor D. Dalbec, seconded by Fennessey and carried to consider item #10.1 R , out of order. 5. PUBLIC HEARINGS 6. CONSENT AGENDA MOTION by Councilor Finsland, seconded by Bender and carried, to separate item #6.5 and approve the remainder of the Consent Agenda as amended. Communications and Reports Received and Filed: 6.1 Community Development Block Grant Advisory Board, August 4, 2014, meeting minutes. 6.2 Redevelopment Authority for the City of Superior, July 30, 2014, meeting minutes. Matters Referred to: Liability Claims Committee: 6.3 Claim #14-27, Stephen and Mary Bick Standing Committee Reports Approved: 6.4 Finance Committee, July 31, 2014: 2. Approve moving forward with the Ice Sculpture and Winter Festival. 3. Approve the Gold Plan Embedded Health Savings Account for the 2015 Health Insurance plan. 1

2 6.5 License & Fees Committee, August 11, 2014: 1. Approve Original Class B Liquor & Beer license application by Super One Liquor LLC, 2202 E. 2 nd St., for the license period September 1, 2014 June 30, a) Communication from Bruce Anderson, General Counsel, Miner s Incorporated. Walter Haugen, Pudge s Bar, 2223 E. 5 th St. indicated in the meetings he attended regarding the new Super One store, he was assured there were no plans for bar or liquor store on site. For that reason when he was approached to trade property Super One needed, he agreed. Although nothing was put in writing he believed there was a gentlemen s agreement. He would not have traded the property if Super One had been forthcoming with the liquor store plans. Attorney Kyle Torvinen advised he represented a number of Class B Liquor licensees and questioned the integrity of Super One officials in applying for the license. The Haugen s and others were misled to get their support for the project and approval of the license would create unfair competition which he believed sufficient grounds for denial. Attorney Steve Ledin, representing Jim and Carol Bolin, stated there is a legal precedent in place with the 1943 Wisconsin Supreme Court decision in the Rawn case. The Council denied an application based on how it would affect the existing business owners in this same East End area. The Common Council has broad discretion in granting or denying alcohol licenses and requested the Council deny the license. Toby Marcovich, representing Super One, stated there has been talk of a gentlemen s agreement but he did not believe that is true. Super One has been upfront about their plans and read an excerpt from the December 18, 2012 Council meeting which when questioned if there were plans for a liquor store the response was it is possible although there were no defined uses for that space at that time. He requested Council treat Super One fairly. Councilor D. Dalbec believed business plans can change and the Council needs to support businesses that grow and expand. There are many bars and grocery stores that have incorporated selling liquor in their business and didn t believe current businesses would lose long time customers. He favored approval of the license. Councilor Fennessey stated this item was approved by the License & Fees Committee and hoped the Council would take into consideration the committee process that is used on a continual basis. He also mentioned during this meeting the Council approved two Class B Beer licenses to establishments without discussion. Super One s application should not be treated any different and he favored granting the license. Councilor Finsland stated the ordinance in place requiring seating for six was meant to prohibit big box stores from selling liquor and taking a large portion of business away from local establishments. Super One is not a big box store, they have met all of the requirements, and license should be approved. Councilor Sweeney stated he is the Councilor for the East End area and he surveyed most businesses who indicated overwhelming support of Super One s plans. He asked them two questions: 1) If Super One s liquor store would affect their business. They all said no, it would enhance it. 2) If they believed they would lose customers. The three other taverns in that area were very confident they would not lose customers. He didn t believe it was his job as a Councilor to control private businesses. He supported approval of the license. 2

3 Councilor Massoglia believed approving the license would not only affect the four taverns in the East End area but other liquor establishments as well. He questioned if approving the license might be precedent setting for big box stores to apply. City Attorney Prell stated according to State Statute Chapter 125 local control remains undisturbed, therefore he did not believe approval or denial of this license would be precedent setting. He informed the Council that if the license is denied the reason must be clearly articulated because the applicant must be provided the reason in writing. Councilor E. Dalbec favored approval of the license because she did not believe there was valid reason to deny the license. Mayor Hagen stated that Miner s is a very fine corporation and has invested in our community more than once. He has been involved in this project for a long time and there were two things agreed upon: 1) there was no intention to have a tavern or liquor store at this location; and 2) the alley would be widened so that parking could be made available. As the project moved forward the alley was not widened and Super One applied for an alcohol license. When questioned about the gentlemen s agreements, the Miner s stated agreements were lost in translation, what was done is done, and things changed. Mayor Hagen believed he is a man of his word and a man of integrity. Just because the ownership of the corporation changed the promises should be upheld. MOTION by Councilor Bender, seconded by E. Dalbec to approve, failed by roll call vote: AYE 5 Finsland, D. Dalbec, E. Dalbec, Fennessey, Sweeney NO 3 Massoglia, Olson, Bender Abstained 2 Councilors McDonald and Herrick Councilor Massoglia qualified his no vote advising he believes there are enough liquor establishments; granting this one will impact the current businesses; and he isn t convinced they were honest dealing with the East End establishments. Councilor Olson qualified his no vote by stating he is a man of his word and believed Super One didn t keep promises made during project planning. Councilor Bender qualified his no vote stating because Super One did not keep promises made. Licenses Approved: City Clerk Kalan 6.6 Approve miscellaneous licenses. 6.7 Approve Original Class A Beer license application by Kwik Trip, Inc., Trade Name Kwik Trip #222, Agent Dana Terry; 3027 E. 2 nd St., for the license period September 25, 2014 through June 30, Approve Original Class A Beer license application by Kwik Trip, Inc., Trade Name Kwik Trip #203, Agent Dana Terry; 1419 Banks Avenue, for the license period October 23, 2014 through June 30, Approve application by Krist Food Mart #80, 4204 E. 2 nd St., to appoint Rita Peterson as Agent. 3

4 6.10 Approve application by Last Resort, LLC, 318 Tower Avenue, for a Cabaret license for the remainder of the license period Approve application by Last Resort, LLC, 318 Tower Avenue for a One-Day Cabaret license for the following dates: August 22, 23, 29, 30, 31; September 5, 6, 12, 13, 19, 20, 26, 27; and October 3, 4, 10, 11, and 17, 18, Approve Original Class B Liquor & Beer license application by Sclavi s & Hoem, Inc., Agent Josephine Kay Hoem; Trade Name Sclavi s, 1106 Tower Ave., for the license period October 1, 2014 June 30, Approve Original Class B Liquor & Beer license application by Marolt Enterprises, Inc., Agent Clayton Kidd; Trade Name: Izzy s BBQ Lounge, 1506 N. 3 rd St. for the license period August 20, 2014 June 30, BUSINESS BY DEPARTMENT HEADS 7.1 City Attorney Prell and Planning Director Serck are requesting Council permission to sell single-family dwelling at 725 Clough Avenue to Ligman Properties for $24,000. without seeking bids or proposals and without publishing intent to sell. MOTION by Councilor E. Dalbec, seconded by D. Dalbec and carried, to approve. 7.2 Planning Director Serck is submitting a request from Senior Connections Deputy Director Luann Teige, to place signs in the right of way for the Annual Walk to End Alzheimer s Disease for Douglas County, which is scheduled for September 18 th. The signs would be placed along the route for about four hours during the time of the walk. MOTION by Councilor Fennessey, seconded by Herrick and carried, to approve. 7.3 Planner Anderson is requesting to put up for bid property formerly known as 1927 Ohio Avenue, for a minimum bid of $23,400. MOTION by Councilor Fennessey, seconded by McDonald and carried, to approve. 7.4 Assistant Public Works Director Janigo recommending to award the bid for the N. 28 th Street and Woodlawn Ave. Project, to Monarch Paving, a Division of Mathy Construction Company, in the amount of $204, MOTION by Councilor E. Dalbec, seconded by Bender and carried, to approve. 8. BUSINESS BY THE MAYOR 9. BUSINESS BY COUNCILORS 10. RESOLUTIONS 10.1 R Resolution Approving Project Area Plan for the City of Superior Harbor Waterfront Hotel Project. 4

5 10.1 a) Communication from City of Superior residents regarding the proposed Hampton Inn and Suites and creation of the Tax Incremental District #13. Speaking in favor of the hotel project: Ken Goldfine, Owner ZMC Hotels Charles Glazman, Douglas County Supervisor Dave Minor, Chamber of Commerce Rick Cannata, Mayor Hibbing MN Speaking in opposition of the hotel project: Kent Oliver, Owner Barkers Island Inn Susan Chandler, 202 E. 2 nd St. MOTION by Councilor D. Dalbec, seconded by E. Dalbec and carried, to adopt the resolution. 11. ORDINANCES 12. BUSINESS BY PUBLIC MOTION by Councilor Bender, seconded by D. Dalbec and carried, to adjourn meeting at 8:09 p.m. Respectfully submitted, Terri Kalan, City Clerk Superior, Wisconsin Approved this 2 nd day of September, Attest: Mayor City Clerk 5