eau claire city council agenda...

EAU CLAIRE

CITY COUNCIL

AGENDA MATERIALS

Tuesday, September 23, 2014

1

CITY OF EAU CLAIRE MISSION STATEMENT

IT IS OUR MISSION TO PROVIDE FOR THE COMMON GOOD AND DELIVER SERVICES ESSENTIAL

FOR A SAFE, SUSTAINABLE, AND ENGAGED COMMUNITY.

EAU CLAIRE CITY COUNCIL AGENDA

TUESDAY, SEPTEMBER 23, 2014

CITY HALL COUNCIL CHAMBER 4:00 P.M.

PLEDGE OF ALLEGIANCE AND ROLL CALL

CONSENT AGENDA

The following matters may be acted upon by the City Council utilizing a single vote. Individual

items, which any member wishes to address in greater detail or as a separate item on the regular

agenda, may be removed from the Consent Agenda upon the request of any Council Member.

CONSENT RESOLUTION

1. Resolution adopting the Consent Agenda. (Page 9)

COMMENDATIONS AND PROCLAMATIONS

2. Consideration of Commendations and Proclamations and Recognitions. (Page 10)

MINUTES

3. Resolution approving Minutes of Regular Meeting of September 9, 2014. (Page 12)

LICENSES

4. Resolution granting new bartender licenses. (Page 18)

5. Resolution granting a Temporary Class B Fermented Malt Beverage license to St. Olaf Parish,

Felix Tigoy, Pastor, for October 3, November 7, and December 5, 2014, from 3:00 p.m. to

9:00 p.m., at 3220 Monroe St., for Fish Fry Dinners. (Page 19)

6. Resolution granting a Temporary Class B Fermented Malt Beverage and Temporary Class B

Wine license to Eau Claire Chamber Education Foundation, Mark Faanes, president, on

October 21, 2014, at Eau Claire Indoor Sports Center at 3456 Craig Rd. for the Business Expo

& Job Fair event. (0)

7. Resolution granting a Temporary Class B Fermented Malt Beverage license to Sacred Heart of

Jesus-St. Patrick Parish, Rev. George Thayilkuzhithottu, president, on November 2, 2014, in

the basement tunnel room, 418 N. Dewey Street for a Sacred Heart/St. Patrick’s Holiday

Bazaar. (Page 21)

2




8. Resolution granting a temporary expansion of the Combination Class B Intoxicating Liquor &

Fermented Malt Beverage licensed premise of Eau Claire Fire House, d/b/a The Fire House,

202 Gibson St., to include a fenced in area for a Wisctoberfest event, on October 4, 2014.

(Page 22)

9. Resolution granting the renewal of the six-month Class B Fermented Malt Beverage license of

Eau Claire Curling, Inc., d/b/a Eau Claire Curling Club, 5530 Fairview Drive, Richard A.

Devriend, agent. (Page 23)

10. Resolution granting Change of Agent for the six-month Class B Fermented Malt Beverage

license of the Eau Claire Curling, Inc., d/b/a Eau Claire Curling Club, 5530 Fairview Drive,

from Richard A. Devriend, to John Bast IV. (Page 24)

ANNEXATION PETITION

11. Resolution referring to the Plan Commission for study and report on the petition from property

owners for direct annexation for that part of Lots 17, 19, and 21 of Block 7 of Replat of

Kohlhepp’s First Addition and the north half of Kohlhepp Road adjacent to said Lots, all

located in the NW ¼ - NE ¼, of Section 14, T27N, R10W, Town of Union, Eau Claire

County, as shown on Planning Drawing No. 14-02A (Stanley petition), located on the north

side of Kohlhepp Road. (Page 25)

CLAIM

12. Resolution disallowing the claim of the claim of Kimberly A. Herman for bodily injury arising

out of a March 9, 2014, trip and fall at Hobbs Ice Arena. (Page 27)

BIDS AND PROPOSALS

13. Resolutions approving the following bids and proposals:

Procurement No. 2014-60, Demolition of Various Buildings. (Page 29)

Procurement No. 2014-63, Purchase of Water Meter Test Benches. (1)

3




BUSINESS AGENDA

LICENSING

14. Resolution granting a Combination Class B Intoxicating Liquor & Fermented Malt Beverage

to Longform LLC, d/b/a Longform LLC, 516 Galloway St., Ben Richgruber, agent.

(Doug Hoffer) (Page 34)

15. Resolution granting a Combination Class B Intoxicating Liquor & Fermented Malt Beverage

to Castro Corporation, d/b/a El Patio/Burrito-Xpress, 408 Water St., Alejandro Castro, agent.

(Doug Hoffer) (4)

GRANT

16. Resolution approving and appropriating a $10,000 State Energy Grant for an LED Retrofit at

Central Maintenance Complex.

(Because this item amends the budget, a 2/3 vote of the elected members, or eight affirmative

votes is required for adoption.)

(Ned Noel) (Page 51)

ELECTION WARD

17. Resolution creating a new election ward within the City of Eau Claire.

(Donna Austad) (Page 54)

PROPERTY TRANSACTIONS

18. Resolution authorizing the acquisition of 97 West Madison Street, which is presently owned

by Charlson’s Manufacturing Company.

(Phil Fieber) (Page 57)

19. Resolution approving a Certified Survey Map for the dedication of property from Gateway

Industrial Park Corporation for the extension of Venture Drive and storm water facilities.

(David Solberg) (Page 67)

STREET VACATION

20. Resolution vacating Heimstead Road, from Warden Street to 446.74 feet west.


4




CHIPPEWA RIVER OVERLOOK & TRAIL

21. Resolution approving an agreement with the Water Street Business Improvement District and

approving Procurement No. 2014-61, Construction of Fifth Avenue River Overlook Deck and

Trail.

(Because this item amends the budget, a 2/3 vote of the elected members, or eight affirmative

votes is required for adoption.)


DOWNTOWN PARKING STRUCTURE

22. Resolution authorizing BWBR to proceed with the development of construction bidding

documents and solicitation of bids for the construction of the North Barstow Parking Ramp.


PHOENIX COMMONS

23. Resolution approving Procurement No. 2014-62, TIF #8 – Phoenix Commons.





ORDINANCES FOR ACTION

ZONING

24. Ordinance rezoning property at 103, 117, and 123 Roosevelt Avenue from R-1 to P-Public for

the existing homes to be used for university housing as shown on Planning File #Z-1540-14.

(This item was postponed by the City Council at its May 13, 2014 meeting.)

(Darryl Tufte) (Page 96)

PARKING

25. Ordinance amending Table XII of the City Code of Ordinances, entitled "Parking, Stopping

and Standing Prohibited," by changing the parking on Locust Lane adjacent to Locust Lane

School.

(Leah Ness) (Page 100)

ORDINANCES FOR INTRODUCTION

ANNEXATION

26. Ordinance in accordance with Section 66.0217 Wisconsin Statutes, annexing to the City of

Eau Claire and particularly to the 14th

Assessment Ward, 5th

Aldermanic District, that part of

Lots 17, 19, and 21 of Block 7 of Replat of Kohlhepp’s First Addition and the north half of

Kohlhepp Road adjacent to said lots, all located in the NW ¼ - NE ¼, of Section 14, T27N,

R10W, Town of Union, Eau Claire County, as shown on Planning Drawing No. 14-02A

(Stanley petition), located on the north side of Kohlhepp Road.

(Annexation ordinances require a two-thirds (2/3) vote “of the elected members of the

governing body,” in accordance with Wisconsin Statutes 66.0217(8). Therefore, eight (8)

affirmative votes are required of the eleven (11) elected Council members for adoption of an

annexation ordinance.)


ZONING

27. Ordinance rezoning property at 1010 Folsom Street, from C-2 to R-1, as shown on Planning

File #Z-1548-14.





ANNOUNCEMENTS AND DIRECTIVES

Announcements by the City Manager and Directives by the City Council.

ADJOURNMENT

The next City Council Legislative Meeting is scheduled to be held at 4 p.m. on October 14, 2014.

NOTICE TO CITIZENS

Due to requirements contained in the Wisconsin Open Meetings Law, only those matters placed on

this agenda may be considered by the City Council at this meeting. If any member of the public

desires that the City Council consider a matter not included on this agenda, he or she should contact

a City Council Member or the City Manager to have the matter considered for placement on a future

City Council agenda.

7

CONSENT AGENDA

8

RESOLUTION

RESOLUTION ADOPTING THE CONSENT AGENDA.

WHEREAS, all items on the consent agenda of this City Council meeting have been

introduced and are properly before the City Council at this time;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eau Claire:

That the City Council hereby adopts the attached consent agenda for selected items of routine

business on September 23, 2014.

Adopted,

September 23, 2014

(SEAL)

President Kerry J.S. Kincaid

(SEAL)

City Manager Russell Van Gompel

(ATTESTED)___________________________________

City Clerk Donna A. Austad

9

RESOLUTION

RESOLUTION APPROVING MINUTES OF THE CITY COUNCIL MEETING.

BE IT RESOLVED that the City Council of the City of Eau Claire does hereby approve

the minutes of the September 9,2014 City Council Legislative Session.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) __________________________________


12

MINUTES

EAU CLAIRE CITY COUNCIL LEGISLATIVE MEETING

Tuesday, September 9, 2014

City Council Chamber 4:00 p.m.

PLEDGE OF ALLEGIANCE AND ROLL CALL

Council President Kincaid called the meeting to order. The following members were present:

Council Members David Duax, Catherine Emmanuelle, Kerry Kincaid, David Klinkhammer,

Eric Larsen, Monica Lewis, Kathy Mitchell, David Strobel, Bob Von Haden, Andrew

Werthmann, and Michael Xiong.

CONSENT AGENDA

The Council considered a resolution adopting the Consent Agenda for the following items of

routine business on Tuesday, September 9, 2014:

Approving Minutes of Regular Meeting of August 26, 2014.

Granting bartender licenses.

Granting a Temporary Class B Fermented Malt Beverage license to Chippewa Valley

Roller Girls, LTD, Kimm Schroeder, president, for October 4, 2014 at 3456 Craig Road,

for Chippewa Valley Roller Girls – Home Bout.

Authorizing Memorial High School to conduct the Memorial High Homecoming Parade on

October 3, 2014 along city streets and sidewalks.

Authorizing the Brain Injury Alliance of Wisconsin to conduct the Walk for Thought on

October 4, 2014 at Phoenix Park and on city trails and sidewalks.

Thereupon a motion was offered by Council Member Lewis and seconded by Council Member

Klinkhammer “to adopt the consent resolution”. Said motion passed by unanimous vote.

CERTIFICATE OF APPRECIATION

Council President Kincaid, on behalf of the City Council, presented a Certificate of Appreciation

to the members of Team Claire Mni who placed second in the 2014 World Kubb Competition in

Sweden. Team Claire Mni is the first team made up completely of American members to

compete in the World Competition.

SPECIAL EVENTS

The Council considered a resolution authorizing the Eau Claire Skaters Association to conduct

the Eau Claire Skaters Association Contest/Fundraiser on September 13, 2014 at Lakeshore Park

Skate Plaza. Thereupon a motion was offered by Council Member Duax and seconded by

Council Member Xiong “to adopt the resolution”. Said motion passed by unanimous vote.

The City Council considered a resolution authorizing Group Health Cooperative to conduct the

Haunted Hustle on October 25, 2014 in Owen Park and on city trails and sidewalks. Thereupon

a motion was offered by Council Member Strobel and seconded by Council Member Werthmann

“to adopt the resolution”. Said motion passed by unanimous vote.

13

City Council Minutes

September 9, 2014

Page 2 of 5

The Council considered a resolution authorizing Family Support Center, Bolton Refuge House

and UW-EC Women’s and LGBTQ Resource Center to conduct Walk a Mile on October 26,

2014 in Carson Park and on city trails. Thereupon a motion was offered by Council Member

Mitchell and seconded by Council Member Larsen “to adopt the resolution”. Said motion passed

by unanimous vote.

The City Council considered a resolution authorizing the Community Parks Association to

conduct the Clearwater Winter Parade and Celebration on December 20, 2014 at Hobbs Ice

Center and along city streets and sidewalks. Thereupon a motion was offered by Council

Member Von Haden and seconded by Council Member Emmanuelle “to adopt the resolution”.

Said motion passed by unanimous vote.

GRANTS

The City Council considered a resolution approving and appropriating a 2014 Bulletproof Vest

Program Grant from the Office of Justice Programs, Bureau of Justice Assistance. Thereupon a

motion was offered by Council Member Lewis and seconded by Council Member Klinkhammer

“to adopt the resolution”. Said motion passed by unanimous vote.

The Council considered a resolution approving and appropriating an Edward Byrne Memorial

Justice Assistance Grant (JAG) Formula Program Funds from the US Department of Justice,

Office of Justice Programs, Bureau of Justice Assistance. Thereupon a motion was offered by

Council Member Duax and seconded by Council Member Xiong “to adopt the resolution”. Said

motion passed by unanimous vote.

APPOINTMENTS

The Council considered a resolution approving the following appointments to various Boards,

Committees and Commissions.

Transit Commission

Rebecca Jewell – new appointment as UWEC Student Representative for one-year term to

expire August 31, 2015

Waterways and Parks Commission

Allyson Gommer – new appointment to fill unexpired term to expire December 31, 2016

Thereupon a motion was offered by Council Member Mitchell and seconded by Council Member

Emmanuelle “to adopt the resolution”. Said motion passed by unanimous vote.

Council Member Von Haden left the Council Chamber.

NEIGHBORHOOD PLAN UPDATE

The City Council considered a resolution adopting the update of the Historic Randall Park

Neighborhood Plan as part of the Comprehensive Plan. Thereupon a motion was offered by

Council Member Strobel and seconded by Council Member Werthmann “to adopt the

resolution”. Said motion passed by unanimous vote.

14


September 9, 2014

Page 3 of 5

Council Member Von Haden returned to the Council Chamber.

STREET VACATION

The Council considered a resolution vacating Delbert Road, Anderson Drive to N. Hastings

Way. Thereupon a motion was offered by Council Member Mitchell and seconded by Council

Member Larsen “to adopt the resolution”. Said motion passed by unanimous vote.

FINANCIAL POLICIES

The City Council considered a resolution approving amendments to the Fund Balance Policy for

the City of Eau Claire. Thereupon a motion was offered by Council Member Von Haden and

seconded by Council Member Emmanuelle “to adopt the resolution”. Said motion passed by

unanimous vote.

The Council considered a resolution approving amendments to the Debt Policy for the City of

Eau Claire. Thereupon a motion was offered by Council Member Lewis and seconded by

Council Member Klinkhammer “to adopt the resolution”. Thereupon a motion was offered by

Council Member Mitchell and seconded by Council Member Lewis “to amend the resolution

under the heading Debt Limitations, Paragraph A, change 3.5 percent to 3 percent and change

70% to 60% to read ‘Although State Statutes allow 5 percent of the equalized valuation, the City

has set an internal debt goal, which seeks to remain below 3 percent (60% of the maximum

amount allowed by the State Statutes’.)”. Said motion to amend was approved by a unanimous

voice vote. The Council then voted on the resolution as amended. Said resolution was adopted

by unanimous vote.

TID #8 PLAN AMENDMENTS

The City Council considered a resolution approving amendments to the Project Plan to provide

additional infrastructure improvements and to expand the boundaries making findings for Tax

Incremental District No. 8. Thereupon a motion was offered by Council Member Duax and

seconded by Council Member Xiong “to adopt the resolution”. Said motion passed by the

following vote: Aye: Council Members Duax, Emmanuelle, Kincaid, Klinkhammer, Larsen,

Mitchell, Werthmann and Xiong. Nay: Council Members Lewis, Strobel and Von Haden.

THE CONFLUENCE

The Council considered a resolution supporting the creation of a non-profit entity to submit a

non-state agency grant application, and own “The Confluence” Arts Center as part of a project

located in Downtown Eau Claire. Thereupon a motion was offered by Council Member

Werthmann and seconded by Council Member Mitchell “to adopt the resolution”. Thereupon a

motion was offered by Council Member Duax and seconded by Council Member Von Haden “to

amend the final clause of the resolution as follows: ‘Be It Further Resolved, that the City will

accept an invitation to become a member appoint City representative(s) to serve on the board of

directors of this new entity corporation, subject to future acceptance by the City through its city

council, of articles of incorporation, by-laws, and such additional ownership governance,

15


September 9, 2014

Page 4 of 5

liability, and operational agreements as the city determines are necessary’.” Said motion to

amend passed by the following vote: Aye: Council Members Duax, Emmanuelle, Kincaid,

Klinkhammer, Larsen, Mitchell, Strobel, Von Haden, Werthmann and Xiong. Nay: Council

Member Lewis. Thereupon a motion was offered by Council Member Lewis and seconded by

Council Member Strobel “to consider a substitute resolution”. The Council discussed, and then

voted on the motion to substitute. Said motion failed on the following vote: Aye: Council

Members Lewis, Strobel and Von Haden. Nay: Council Members Duax, Emmanuelle, Kincaid,

Klinkhammer, Larsen, Mitchell, Werthmann and Xiong. Thereupon a motion was offered by

Council Member Von Haden and seconded by Council Member Strobel “to amend said

resolution by adding a Be It Further Resolved paragraph which would read: ‘Be It Further

Resolved, that no phase of “The Confluence” Project, as defined in the third whereas, will

commence until the non-state agency grant for the project is approved’.” Said motion was

removed from consideration because it was ruled not to be germane to the agenda item. Council

discussion continued on the original motion. Thereupon a motion was offered by Council

Member Strobel and seconded by Council Member Lewis “to amend said resolution by adding a

fourth Whereas paragraph to read ‘The Confluence” Project, is one project and the parts are

dependent upon each other’.” Said motion was withdrawn by the mover and seconder.

Thereupon a motion was offered by Council Member Lewis and seconded by Council Member

Von Haden “to amend said resolution by adding the word ‘could’ to the ninth Whereas

paragraph to read ‘Governor Scott Walker has suggested that funding for “The Confluence”

could be provided through a non-state agency grant’.” Said motion failed by the following vote:

Aye: Council Members Duax, Lewis, Mitchell, Strobel and Von Haden. Nay: Council Member

Emmanuelle, Kincaid, Klinkhammer, Larsen, Werthmann and Xiong. Thereupon a motion was

offered by Council Member Lewis and seconded by Council Member Von Haden “to amend said

resolution by changing the word ‘reaffirm’ to ‘reaffirms’ in the tenth Whereas paragraph and

deleting the words ‘agrees to’ and changing the word ‘support’ to ‘supports’ in the Now,

Therefore Be It Resolved paragraph.” Said motion passed by unanimous voice vote. The

council then voted on the resolution as amended. Said resolution was adopted by the following

vote: Aye: Council Members Duax, Emmanuelle, Kincaid, Klinkhammer, Larsen, Lewis,

Mitchell, Werthmann and Xiong. Nay: Council Members Strobel and Von Haden.

PARKING

The City Council had first reading on an ordinance amending Table XII of the City Code of

Ordinances, entitled "Parking, Stopping and Standing Prohibited," by changing the parking on

Locust Lane adjacent to Locust Lane School.

ALDERMANIC DISTRICTS

The City Council had first reading on a Charter Ordinance relating to the City Council and the

reapportionment of the Aldermanic Districts of the city to incorporate recently created wards.

16


September 9, 2014

Page 5 of 5

ADJOURNMENT

A motion was offered by Council Member Lewis and seconded by Council Member Strobel

“that this meeting does now adjourn.” Said motion passed without objection.

Adjournment: September 9, 2014 Time: 7:44 p.m.

ATTEST:

___________________________ ___________________________

Kerry J. S. Kincaid, President Donna A. Austad, City Clerk

17

RESOLUTION

RESOLUTION GRANTING NEW BARTENDERS LICENSES.

BE IT RESOLVED by the City Council of the City of Eau Claire, That the following named

persons are hereby granted a license to draw, serve and sell fermented malt beverages and

intoxicating liquors:

Name Address

NICHOLAS T. BLAKE 5723 189TH ST CHIPPEWA FALLS, WI 54729

KYLE J. ENGELDAL 503 1/2 FOREST ST. EAU CLAIRE, WI 54703

JEFF M. GIESSEL 3303 EVERGREEN LANE EAU CLAIRE, WI 54701

ALEXANDRA L. MAPLES 3222 GARNER ST. EAU CLAIRE, WI 54701

LAURA J. ROBY 608 HEWITT ST. EAU CLAIRE, WI 54703

TAYLOR M. SCHEIN 702 W GRAND AVE. EAU CLAIRE, WI 54703

KARLIE L. STEIN 1051 IMPERIAL CIRCLE #10 EAU CLAIRE, WI 54701

Adopted,

September 23, 2014

(SEAL)

President Kerry J. S. Kincaid

(SEAL)


(ATTESTED)___________________________________


18

RESOLUTION

RESOLUTION GRANTING A TEMPORARY CLASS B FERMENTED MALT

BEVERAGE LICENSE.

BE IT RESOLVED by the City Council of the City of Eau Claire, That the following

application of St. Olaf Parish, Father Felix Tigoy, Pastor, for a Temporary Class B Fermented

Malt Beverage license, for October 3, November 7, and December 5, 2014 from 3:00 p.m. to

9:00 p.m. at 3220 Monroe St., for beer consumption in the Parish Center, kitchen and dining

room, for St. Olaf Fish Fry Dinners, is hereby granted on conditions that the licensee make

adequate provision for the disposal of beverage containers in connection therewith and on further

conditions that the licensee employ a responsible person for the purpose of maintaining order

during the time beer is being served, and also, that a licensed bartender be on the premise during

which time beer is being served.

BE IT FURTHER RESOLVED that underage persons are authorized to be on the

licensed premise during the time beer is being served.

Adopted,

September 23, 2014

(SEAL) ___________________________________


(SEAL)


(ATTESTED) __________________________________


19

RESOLUTION


BEVERAGE AND CLASS B WINE LICENSE.


application of Eau Claire Chamber Education Foundation, Mark Faanes, president, for a

Temporary Class B Fermented Malt Beverage and Class B Wine license, for a 1-day period,

namely, October 21, 2014, at the Eau Claire Indoor Sports Center, 3456 Craig Rd., for The

Business Expo & Job Fair, is hereby granted on conditions that the licensee make adequate

provision for the disposal of beverage containers in connection therewith and on further


during 3:30 pm to 9:00 pm, VIP Reception, and also, that a licensed bartender be on the premise

during which time beer and wine is being served.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) __________________________________


20

RESOLUTION


BEVERAGE LICENSE.

BE IT RESOLVED by the City Council of the City of Eau Claire, That the application

of Sacred Heart of Jesus-St. Patrick Parish, Rev. George Thayilkuzhithottu, president, for a

Temporary Class B Fermented Malt Beverage license, for a one day period, namely,

November 2, 2014, in the basement tunnel room, 418 N. Dewey Street, from 8:00 am to 6:30

pm, for a Holiday Bazaar, is hereby granted on conditions that the licensee make adequate

provision for the disposal of beverage containers in connection therewith and on further


during the time beer is being served, and also, that a licensed bartender be on the premise during

which time beer is being served.

BE IT FURTHER RESOLVED that underage persons are authorized to be on the

licensed premise during the time beer is being served.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) __________________________________


21

RESOLUTION

RESOLUTION GRANTING TEMPORARY EXPANSION OF A COMBINATION

CLASS B INTOXICATING LIQUOR & FERMENTED MALT BEVERAGE LICENSED

PREMISE.

BE IT RESOLVED by the City Council of the City of Eau Claire, That the Combination

Class B Intoxicating Liquor & Fermented Malt Beverage license issued to Eau Claire Fire House

LLC., d/b/a The Fire House, 202 Gibson St., be amended to temporarily expand the licensed

premise for a Wisctoberfest event, to include a fenced area, for a 1-day period, namely, Saturday

October 4, 2014, from 12 p.m. until 12 a.m.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) __________________________________


22

RESOLUTION

RESOLUTION GRANTING THE RENEWAL OF A CLASS B FERMENTED MALT

BEVERAGE LICENSE.

BE IT RESOLVED by the City Council of the City of Eau Claire That the following

named person and firm is hereby granted the renewal of a six month Class B Fermented Malt

Beverage license:

Eau Claire Curling, Inc.

d/b/a Eau Claire Curling Club

5530 Fairview Drive

Richard A. DeVriend, agent.

Adopted

September 23, 2014

(SEAL) ________________________________


(SEAL)


(ATTESTED) __________________________________


23

RESOLUTION

RESOLUTION GRANTING APPOINTMENT OF AGENT OF A CLASS B FERMENTED

MALT BEVERAGE LICENSE.

BE IT RESOLVED by the City Council of the City of Eau Claire, that the application

of a six-month Class B Fermented Malt Beverage license holder, Eau Claire Curling, Inc., d/b/a

Eau Claire Curling Club, 5530 Fairview Dr., for changing the appointment of agent from

Richard A. Devriend to John Bast IV be approved.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL)


(ATTESTED) __________________________________


24

RESOLUTION

RESOLUTION REFERRING ANNEXATION #14-1A TO THE PLAN COMMISSION

FOR STUDY AND REPORT.

BE IT RESOLVED by the City Council of the City of Eau Claire: That the petition for

direct annexation (#14-2A) of the following described property in the Town of Union to the City

of Eau Claire, which petition was filed with the City Clerk on the 26th

day of August, 2014, is

herewith received and referred to the Plan Commission for study and report:

Lots 17, 19 and 21 of Block 7 of Replat of Kohlhepp’s First Addition and the

north half of Kohlhepp Road adjacent to said Lots, all located in the NW1/4-

NE1/4 of Section 14, T27N, R10W, Town of Union, Eau Claire County, Wisconsin

further described as follows:

Commencing at the southeast corner of said NW1/4-NE1/4 of Section 14; thence

west, along the south line of said NW1/4-NE1/4 to the east line of said Block 7

extended south, and the point of beginning; thence north along said east line of

Block 7 and its extension to the northeast corner of said Lot 17 of Block 7; thence

west along the north line of said Lot 17 to the northwest corner of said Lot 17;

thence south along the west line of said Lots 17, 19, and 21 to the south line of the

NW1/4-NE1/4 of said Section 14; thence east along said south line of the NW1/4-

NE1/4 to the point of beginning.

Adopted,

September 23, 2014

(SEAL)


(SEAL)


(ATTESTED)


25

RESOLUTION

RESOLUTION DISALLOWING THE CLAIM OF KIMBERLY A. HERMAN

BE IT RESOLVED by the City Council of the City of Eau Claire: That the claim of

Kimberly A. Herman for bodily injury arising out of an incident on March 9, 2014 is hereby

disallowed, and the City Clerk is hereby directed to give notice thereof as required by law.

Adopted,

September 23, 2014

(SEAL)


(SEAL)


(ATTESTED)___________________________________


27

RESOLUTION

RESOLUTION AWARDING A CONTRACT FOR PROCUREMENT NO. 2014-60,

DEMOLITION OF FOUR RESIDENTIAL STRUCTURES.

BE IT RESOLVED by the City Council of the City of Eau Claire:

That based upon the recommendation of the Purchasing Manager, a copy of which is on file in

the office of the City Clerk, award of a contract to No Mercy Excavating, LLC, of Chippewa

Falls, Wisconsin, the work to be performed in accordance with Procurement No. 2014-60,

Demolition of Four Residential Structures, is hereby authorized. The estimated consideration for

the work to be performed under this contract is $31,390. Upon satisfactory completion and

acceptance of the work performed under such contract the Comptroller is authorized to draw

upon City funds in payment.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) __________________________________


29

RESOLUTION


PURCHASE OF WATER METER TEST BENCHES.



the office of the City Clerk, award of a contract to HD Supply Waterworks, of Eden Prairie,

Minnesota, the equipment to be furnished in accordance with Procurement No. 2014-63,

Purchase of Water Meter Test Benches, is hereby authorized. The estimated consideration for the

equipment to be furnished under this contract is $57,420. Upon satisfactory delivery and

acceptance of the equipment furnished under such contract the Comptroller is authorized to draw

upon City funds in payment.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) __________________________________


31

BUSINESS AGENDA

33

Agenda Item #14

CITY COUNCIL

AGENDA ITEM SUMMARY

Meeting Date: Tuesday, September 23, 2014

Agenda Item: Resolution granting a Combination Class B Intoxicating Liquor & Fermented

Malt Beverage license to Longform LLC., at the former Green Tree Inn

location, 516 Galloway Street, Ben Richgruber, agent.

COMMENTS

Longform, LLC applied for a Combination Class B Intoxicating Liquor & Fermented Malt

Beverage license for property at 516 Galloway Street for a boutique style hotel, restaurant and

bar. This available license is a surrender of the license from J&R Smokin Ribs Inc. (Mike’s

Smoke House).

The License Review Committee met on September 16, 2014 to consider this request. The

Committee has no objection to the granting of this license.

ACTION/ATTACHMENTS

Action: Resolution.

Attachments: Resolution.

Application with attachments.

License Review Committee Report.

34

RESOLUTION

RESOLUTION GRANTING A COMBINATION CLASS B INTOXICATING LIQUOR &

FERMENTED MALT BEVERAGE LICENSE.


named person and firm is hereby granted a Combination Class B Intoxicating Liquor &

Fermented Malt Beverage license to Longform LLC, d/b/a Longform LLC, 516 Galloway St.,

Ben Richgruber, agent.

BE IT FURTHER RESOLVED that the City Council is granting the license based upon

the License Review Committee’s “Expectations of Licensee” section in the Committee’s report

dated September 16, 2014.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) __________________________________


35

Agenda Item #15

CITY COUNCIL

AGENDA ITEM SUMMARY


Agenda Item: Resolution granting a Combination Class B Intoxicating Liquor & Fermented

Malt Beverage license to Castro Corporation, d/b/a El Patio/Burrito XPress,

408 Water Street, Alejandro Castro, agent.

COMMENTS

Castro Corporation has submitted an application for a Combination Class B Intoxicating Liquor

& Fermented Malt Beverage license to allow his business to move from 228 Water Street to 408

Water Street.

The License Review Committee met on September 16, 2014 to consider this request. The

Committee has no objection to the granting of this license.

ACTION/ATTACHMENTS

Action: Resolution.

Attachments: Resolution.

Application with attachments.

License Review Committee Report.

44

RESOLUTION

RESOLUTION GRANTING A COMBINATION CLASS B INTOXICATING LIQUOR &

FERMENTED MALT BEVERAGE AND CLASS A CABARET A LICENSE.


named person and firm is hereby granted a Combination Class B Intoxicating Liquor &

Fermented Malt Beverage license and a Class A Cabaret license to Castro Corporation, d/b/a

El Patio / Burrito-Xpress, 408 Water St., Alejandro G. Castro, agent.

BE IT FURTHER RESOLVED that the City Council is granting the license based upon

the License Review Committee’s “Expectations of Licensee” section in the Committee’s report

dated September 16, 2014.

Adopted,

September 23, 2014

(SEAL) _________________________________


(SEAL) __________________________________


(ATTESTED) __________________________________


45

Agenda Item #16

CITY COUNCIL

AGENDA ITEM COVER SHEET

Meeting Date: Tuesday, September 23rd, 2014

Agenda Item: Resolution approving and appropriating a $10,000 State Energy Grant

from the Wisconsin State Energy Office Grant Acceptance in

Implementing Clean Energy Investments

SUMMARY / BACKGROUND

On August 11th

, the City Council authorized staff applying for a State Energy Office grant for

an exterior lighting project at the Central Maintenance Facilities. The project would replace

outdated high pressure sodium (HPS), incandescent and metal halide lights with more energy

efficient and longer-life lighting such as light-emitting diodes (LEDs). Staff asked for $10,000

and the State Energy Office notified the City we won on September 4th

. The grant money

reduces the cost premiums of the LEDs and extends the ability to do more lighting at Central

Maintenance. Total cost of the project is $32,895 and estimated life-cycle payback is

approximately 5 years. Future annual kilowatt (KW) consumption is estimated to be 38.4%

of current consumption, resulting in a 61.6% reduction in energy use. The grant dollars must

be fully expended by June 30, 2015. It is anticipated work will be completed well before that

date.

Because this item amends the budget, a 2/3 vote of the elected members, or eight affirmative

votes is required for adoption.

ACTION / ATTACHMENTS

Action: Resolution

Attachments: Resolution

Award Letter

51

RESOLUTION

RESOLUTION TO ACCEPT A WISCONSIN STATE ENERGY OFFICE GRANT IN

IMPLEMENTING CLEAN ENERGY INVESTMENTS

WHEREAS, the Eau Claire City Council in November 2008 pledged to become a Wisconsin

Energy Independent Community. This commitment seeks to generate 25% of the City’s electricity

and transportation fuels from renewable resources by 2025, to help the State capture 10% of the

emerging bioindustry and renewable energy market by 2030, and to assist the State to lead the nation

in groundbreaking research that will make renewable energy more affordable and will create good

paying jobs; and

WHEREAS, due to this commitment, the City of Eau Claire could apply for State dollars to

implement energy efficiency projects that will be a benefit to municipal operations. The City sought

funds to replace outdated exterior high pressure sodium (HPS), incandescent and metal halide lights

with energy efficient and longer-life lighting, including light-emitting diodes (LEDs) at its Central

Maintenance Facilities; and

WHEREAS, the City was awarded a $10,000 grant by the State Energy Office. The State

requires grant dollars to be fully expended by June 30, 2015 and the City is confident the project can

be completed before that date.


that it approves acceptance of the grant award by the State Energy Office, and that the 2014 Program

of Services is hereby amended and an appropriation of $10,000 is approved to be funded by the grant.

Adopted,

September 23, 2014

(SEAL)


(SEAL)


(ATTESTED)___________________________________


52

Agenda Item # 17

CITY COUNCIL



Agenda Item: Resolution creating a new voting ward in the City of Eau Claire.


City Council recently approved the Gumz annexation. This parcel lies in a different

Assembly District than the adjacent city property. This results in the necessity to create a

new voting ward. The attached resolution creates Ward 61 and assigns it to the applicable

voting site.


Action: Resolution


Map

54

RESOLUTION

RESOLUTION CREATING A NEW ELECTION WARD WITHIN THE CITY OF

EAU CLAIRE.

WHEREAS, the State Legislature adopted 2011 Wisconsin Act 43 which established the

boundaries of State Assembly and Senate districts; and

WHEREAS, these boundaries cannot be modified until the next redistricting process in 2020,

meaning property cannot change from one state legislative district to another during that ten-year

period; and

WHEREAS, said state legislative district lines follow much of the City boundary as it existed as

of April 1, 2010, the date of the Census; and

WHEREAS, lands recently annexed from the Town of Washington lay in the 93rd

Assembly

District and the adjacent City property lies within the 91st Assembly District, resulting in the

need to create a new voting ward.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Eau Claire,

does hereby adopt the “Revised Voting Ward Plan” pursuant to the provisions of Wisconsin

Statutes s 5.15, which divides the City into wards consecutively numbered 1 through 61, with

Ward 61 as shown on the attached map. The boundaries of each ward are described in the City

of Eau Claire – 2011 Metes and Bounds Description of Election Wards, Revised Plan, which is

made a part of this resolution by reference. The Revised Plan is based on the Eau Claire and

Chippewa County supervisory district plans and the State legislative and congressional plans.

BE IT FURTHER RESOLVED, that the Council shall designate the following polling sites for

the new wards:

Ward 61 Cedarcreek Church, 3520 Eastwind Drive

BE IT FURTHER RESOLVED, that the City Clerk shall transmit a copy of this resolution and

attachments to the Eau Claire County Clerk and the Wisconsin Legislative Reference Bureau

within 5 days after its adoption.

Adopted

September 23, 2014

(SEAL)


(SEAL)


(ATTESTED) __________________________________


55

56

donnaa

Oval

donnaa

Text Box

Agenda Item #18

CITY COUNCIL



Agenda Item: Resolution authorizing the acquisition of 97 West Madison Street which is

presently owned by Charlson’s Manufacturing Company.


The property at 97 West Madison Street is a 1.3 acre commercial property on the bank of the

Chippewa River. The property has been appraised at $360,000. The City has received DNR

Stewardship Grant funding in the amount of $180,705 towards the acquisition. This

acquisition will provide additional green space along the Chippewa River and allow for an

extension of the trail system and the creation of an underpass under the Madison Street

Bridge.

The City has negotiated a purchase price of $360,000 with the property owners. The property

is being sold with no indemnification to the City. The City obtained a Phase I and Phase II of

the property and have requested an liability clarification letter from the DNR.

The Plan Commission recommended approval at its March 31, 2014 meeting.

Parks and Waterways recommended approval at its March 26, 2014 meeting.


Action: Resolution


Purchase Agreement

Map

57

RESOLUTION

RESOLUTION AUTHORIZING THE ACQUISITION 97 WEST MADISON STREET

WHICH IS PRESENTLY OWNED BY CHARLSON’S MAUFACTURING COMPANY.

WHEREAS, on March 31, 2014 the Plan Commission recommended approval of the

acquisition of this property; and

WHEREAS, on March 26, 2014 the Parks and Waterways Commission recommended

approval of the acquisition of this property; and

WHEREAS, the City has received DNR Grant funding in the amount of $180,705 for the

acquisition of this property; and

WHEREAS, the property owners have accepted an offer of $360,000, based on

appraised value.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eau

Claire: That the City Council does hereby authorize the acquisition of the property located at 97

West Madison Street under the terms of the Purchase Agreement in substantially the form

attached hereto and made a part of this resolution; and

BE IT FURTHER RESOLVED that the City Manager and City Clerk and their

designees are hereby authorized, on behalf of the City of Eau Claire, to execute all documents

related to said acquisition of the property.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) _________________________________


58

PROJECT LOCATION MAP

66

kubak

Callout

PROJECT SITE

Agenda Item #19

CITY COUNCIL



Agenda Item: Resolution approving a Certified Survey Map for the dedication of property from

Gateway Industrial Park Corporation for the extension of Venture Drive and

storm water facilities.


Street and utility work was scheduled for the summer and fall of 2014 on County Line Road

and an extension of Venture Drive in the Gateway Northwest Business Park.

The resolution will approve this Certified Survey Map transferring lands from the Gateway

Northwest Business Park to the City for use as street right-of-way and use as a storm water

facility.


Action: Resolution


Certified Survey Map

67

RESOLUTION

RESOLUTION APPROVING A CERTIFIED SURVEY MAP FOR THE DEDICATION

OF PROPERTY FROM GATEWAY INDUSTRIAL PARK CORPORATION FOR THE

EXTENSION OF VENTURE DRIVE AND STORM WATER FACILITIES.

WHEREAS, Gateway Industrial Park Corporation has agreed to dedicate land for public

right-of-way to extend Venture Drive from Fortune Drive to County Line Road, and

WHEREAS, Gateway Industrial Park Corporation has agreed to dedicate a parcel of land for a

storm water facility to serve development in that area.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Eau Claire, that

the Certified Survey Map for the dedication of property from Gateway Industrial Park

Corporation is hereby approved, in substantially the form as attached hereto and made a part

hereof by reference.

Adopted,

September 23, 2014

(SEAL)


(SEAL)


(ATTESTED)


68

Agenda Item #20

CITY COUNCIL



Agenda Item: Resolution vacating Heimstead Road, from Warden Street to 446.74 feet west.


The City has received a request to vacate Heimstead Road, from Warden Street to 446.74 feet

west. The letter and petition from 5-E Development, LLC, requesting the vacation is attached.

The right-of-way for this segment of Heimstead Road was dedicated to a width of 60 feet.

The current use of this right-of-way is a street between two commercial parking lots.

Public utilities exist within this right-of-way. Staff recommends retaining a utility easement if

the right-of-way is to be vacated.

The proposed street vacation would not negatively impact future utility and transportation

needs of the City.

The Plan Commission has reviewed the proposed right-of-way vacation and recommended

approval. A public hearing was held on Monday, September 22, 2014.

Staff recommends approval of the vacation contingent on an approved site plan.


Action: Resolution


Map

74

RESOLUTION

RESOLUTION VACATING A PORTION OF HEIMSTEAD ROAD, FROM WARDEN

STREET TO 446.74 FEET WEST.

BE IT RESOLVED by the City Council of the City of Eau Claire: That since the public interest

requires it, Heimstead Road, from Warden Street to 446.74 feet west described as:

That part of a 60 foot strip of land being part of Heimstead Road located in the SE1/4 of the

SW1/4 of Section 13, T27N, R10W, lying west of and adjacent to the west right-of-way line of

Warden Street, City of Eau Claire, Eau Claire County, Wisconsin, the centerline of said strip

described as follows:

Commencing at the NE corner of said SE1/4-SW1/4; thence N89°55’W, 33 feet more or less to

the west right-of-way line of Warden Street; thence S00°08’W, along said west right-of-way line

of Warden Street, 216.89 to the centerline of Heimstead Road and the point of beginning; thence

N89°55’W along said centerline of Heimstead Road, 446.74 feet to the terminus of said

centerline of Heimstead Road and there terminating;

will hereby be vacated and discontinued subject, however, to the continuation of the easements

and rights incidental thereto in any underground or overground structures, improvements, or

services, and all rights of entrance, maintenance, construction, and repair of the same as provided

by s. 66.1003(4) of the Wisconsin Statutes. A utility and public access easement are retained by

the City, pursuant to s. 66.1005(2), Wis. Stats., to the full width of the right-of-way vacated

hereby for the purpose of constructing, operating, and maintaining the existing City facilities in

the right-of-way.

Introduced: August 12, 2014

Adopted: September 23, 2014

(SEAL)


(SEAL)


(ATTESTED)


75

Agenda Item # 21

CITY COUNCIL



Agenda Item: Resolution approving an agreement with the Water Street Business

Improvement District and awarding a contract for Procurement No. 2014-61,

Construction of Fifth Avenue River Overlook Deck and Trail, and approving

a related appropriation.


The Water Street Business Improvement District (BID) desires to construct an access trail

to the Chippewa River at the intersection of Fifth Avenue and Menomonie Street for

access to and from the river.

This project also includes construction of an overlook deck that will be constructed near

the intersection. The BID desired the deck to be at the end of Fifth Avenue, however the

location of a sanitary sewer pipe will require the deck to be located approximately 150 feet

to the west on Menomonie Street.

Funding for the deck and trail project, including engineering and design fees, will be paid

by the Water Street BID. Maintenance of the structure will be shared by the BID and the

City. An agreement outlining the project terms is included in the Council packet.

Because this item amends the budget, a 2/3 vote of the elected members, or eight

affirmative votes is required for adoption


Action: Resolution


Recommendation

Agreement

Site Plan

77

RESOLUTION

RESOLUTION APPROVING AN AGREEMENT WITH THE WATER STREET

BUSINESS IMPROVEMENT DISTRICT AND AWARDING A CONTRACT FOR

PROCUREMENT NO. 2014-61, CONSTRUCTION OF FIFTH AVENUE RIVER

OVERLOOK DECK AND TRAIL, AND APPROVING A RELATED APPROPRIATION.

WHEREAS, the Water Street Business Improvement District (BID) desires to construct an

access trail to the Chippewa River at the intersection of Fifth Avenue and Menomonie Street for

access to and from the river; and

WHEREAS, the City and the BID have reached an agreement regarding the funding,

construction and maintenance for the deck and trail project.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Eau Claire:

that the City Manager and City Clerk are hereby authorized to enter into the attached agreement,

substantially in the same form, with the Water Street Business Improvement District for the Fifth

Avenue Overlook Deck and Trail Project; and

BE IT FURTHER RESOLVED, That based upon the recommendation of the Purchasing

Manager, a copy of which is on file in the office of the City Clerk, award of a contract to Pember

Companies, Inc., of Menomonie, Wisconsin, for the trail part of the project only, to be performed

in accordance with Procurement No.2014-61, Construction of Fifth Avenue River Overlook

Deck and Trail, is hereby authorized, contingent upon the receipt of sufficient funds from the

Water Street Business Improvement District in the amount of $37,600. The estimated

consideration for this portion of the work to be performed under this contract is $37,600. Upon

satisfactory completion and acceptance of the work performed under such contract the

Comptroller is authorized to draw upon City funds in payment; and

BE IT FURTHER RESOLVED, that the 2014 Program of Services and the 2014-2018

Capital Improvement Plan are hereby amended and a $37,600 appropriation is approved.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) __________________________________


78

AGREEMENT

This Agreement, entered into by and between the City of Eau Claire, Wisconsin,

hereinafter referred to as the “CITY”, and the Water Street Business Improvement District,

hereinafter referred to as the “BID”, and collectively referred to as the “PARTIES”.

WHEREAS, the PARTIES hereby agree to enter into an agreement for the Fifth Avenue

Overlook Deck and Trail Project No. 2014-61, and

WHEREAS, the proposed overlook deck with an access trail to the Chippewa River at Fifth

Avenue and Menomonie Street is within the City of Eau Claire and will be constructed on

property owned by the City of Eau Claire, and

WHEREAS, a review of the zoning for the application was held and the City of Eau Claire’s

Waterways and Parks Commission recommended approval, and

WHEREAS, the City of Eau Claire Plan Commission recommended approval with the condition

that the location of the deck and access trail will be determined by the CITY to protect its

existing utilities in the area, and

WHEREAS, the Eau Claire City Council approved the site plan in a P-Public District for a deck

with access trail to the Chippewa River at Fifth Avenue and Menomonie Street subject to the

above Plan Commission condition.

NOW, THEREFORE, BE IT MUTUALLY AGREED as follows:

1. SCOPE OF PROJECT. The BID agrees to pay for the design and the cost of

construction and materials of the deck and trail. The CITY agrees to construct the deck and

access trail as Project No. 2014-61. The deck will be an outdoor single floor surface

approximately thirty (30) feet in width and forty-five (45) feet in length with railings; the trail

will be approximately five (5) feet in width with gravel surfacing from the deck to the water

level of the Chippewa River. The railings will be designed to resemble those on the former

railroad bridge located immediately east of the Clairemont Avenue bridge in the City of Eau

Claire. The deck and trail will be for public use at the intersection of Fifth Avenue and

Menomonie Street in the City of Eau Claire. See Exhibit A. The deck and trail may be

completed in separate projects.

2. COMPLETION. The deck and access trail will be completed no later than

December 31, 2015.

3. NOTICES. Any Notices required or permitted to be provided under this agreement shall

be served upon the parties in writing and mailed, emailed, or by personally delivered as follows:

84

To the CITY: Phil Fieber, Director

Public Works and Parks/Recreation and Forestry Departments

910 Forest Street

Eau Claire WI 54701

715 839-5031

[email protected]

To the BID: John Mogenson, President

Water Street Business Improvement District

c/o Investment Realty

301 Water Street

Eau Claire WI 54703

715 832-0022

[email protected]

4. CONSTRUCTION PROCESS.

The BID will provide:

a. Engineering and construction plans, electronically submitted, of

the deck and access trail with a design that minimizes maintenance, protects

utilities and the riverbank, and is suitable for use in a Request for Proposal (RFP)

for bids and/or quotes. Plans will be reviewed and approved by the CITY for

code compliance, safety, and accessibility prior to bidding. Plans will include

riverbank restoration and replanting to prevent erosion, per the CITY Forester’s

specifications. Plans shall become the property of the CITY at the completion of

the project.

b. A certificate of insurance on the engineering and construction

plans evidencing liability coverage with limits not less than $1 million dollars and

the name of the CITY as an additional insured.

c. A materials list for the deck and trail for use in the bidding process.

This will allow the solicitation of donations of materials to the BID for the

project.

d. Sufficient funds in the CITY-BID account to cover the cost of

purchase orders issued. This funding must be available following the receipt of

bids and before the award of any contracts or issuance of any purchase orders.

e. Signage acknowledging the efforts and donors to the Project. The

CITY retains the right to remove said signage ten (10) years after substantial

completion of the project.

f. The CITY and BID will review formal bids and quotes and shall

mutually agree to proceed with awarding a contract, for either all or part of the

project.

85

mailto:[email protected]

mailto:[email protected]

The CITY will provide:

a. The solicitation of bids/quotes for the Project.

b. Approval from the City Council, if required, to award contracts.

c. All permits required by local, state and federal agencies.

d. Entering into an agreement with a general contractor for the Project.

e. The issuance of purchase orders for the work to construct the deck and

trail. No purchase orders will be issued until sufficient funds are deposited in the

CITY-BID account.

f. Payment to all project vendors from the CITY-BID account.

g. Review by the CITY’s Engineering and Parks Maintenance Divisions

including comments on the architectural and structural design of the deck and trail.

h. The retention of ownership during construction and upon completion of

the Project.

i. Obtaining and keeping in force Builders Risk insurance regarding the

Project.

5. MAINTENANCE. The CITY will perform all maintenance on the deck structure

and trail with repair materials cost (deck stain, paint, trail replacement rock, etc.) funded

by the BID. The BID will provide maintenance funds as requested by the CITY’s Parks

Maintenance Department. In the event of catastrophic damage, including but not limited

to flooding, natural disasters, and acts of God, the CITY will consider sharing the cost of

rebuilding the deck and trail with the BID. Should the deck need to be removed to allow

work on city utilities in the area, the PARTIES will equally share the cost of removal and

replacement.

6. DECK AND TRAIL USE. The use of the deck shall be for public use.

Management of the deck shall be similar to the process used for the CITY’s parks

shelters, including fees and charges as approved by the City Council. When the deck is

not reserved, it shall be open to the public on a first come first serve basis. The BID shall

be allowed to use the deck at no charge as long as the terms of this agreement are met.

Reservations will be allowed through the CITY’s Parks and Recreation Department wide

facility reservation system.

7. FURNISHINGS. Furnishings, including signage, lighting, picnic tables, chairs,

benches and other amenities will provided by the BID Board and placed on or in the deck

by the BID with prior approval of the CITY’s Parks Maintenance Supervisor.

8. OPERATIONS. The CITY reserves the right to modify the use or access of the

deck or trail for any reason, by order of the City Council. The City Council shall have

the authority to order improvements to the deck and/or trail for any reason.

9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement

between the PARTIES as to the Project and any amendment shall be in writing and

signed by both parties.

86

IN WITNESS THEREOF, the parties herein witness and execute this agreement on this

_______________day of ________________, 2014.

WATER STREET BUSINESS IMPROVEMENT DISTRICT

______________________________________

John Mogenson, President

CITY OF EAU CLAIRE, WISCONISIN

___________________________________

Russell Van Gompel, City Manager

___________________________________

Donna Austad, City Clerk

Approved as to form:

___________________________________

Stephen Nick, City Attorney

Fifth Avenue Overlook Agreement 2014

87

Agenda Item #22

CITY COUNCIL



Agenda Item: Resolution authorizing BWBR to proceed with the development of construction

bidding documents and solicitation of bids for the construction of the North

Barstow Parking Ramp.


The City Council approved a contract on June 10, 2014, with BWBR to begin design on the

North Barstow Parking Ramp. The City Council placed a condition on the award of contract

requiring a public hearing and vote by council before proceeding to the development of

construction bidding documents. The hearing was held on Monday evening. The resolution

will authorize BWBR to proceed with the development of construction bidding documents

and solicitation of bids for the construction of the North Barstow Parking Ramp.


Action: Resolution


89

RESOLUTION

RESOLUTION AUTHORIZING BWBR TO PROCEED WITH THE DEVELOPMENT

OF CONSTRUCTION BIDDING DOCUMENTS AND SOLICITATION OF BIDS FOR

THE CONSTRUCTION OF THE NORTH BARSTOW PARKING RAMP.

WHEREAS, on June 10, 2014, by Resolution No. 2014-315, the City Council awarded Contract

2014-25 to BWBR of St. Paul, Minnesota, to design a proposed parking ramp for the North

Barstow BID, and

WHEREAS, the City Council placed a condition on the award of contract requiring a public

hearing and a vote by the City Council to proceed to the stage of the construction contract

including the compilation of bidding documents for the ramp, and

WHEREAS, said hearing was held to obtain public comment on Monday, September 22, 2014.


That the City Council does hereby authorize BWBR to proceed with the development of

construction bidding documents and solicitation of bids for the construction of the North

Barstow Parking Ramp.

Adopted,

September 23, 2014

(SEAL)


(SEAL)


(ATTESTED)


90

Agenda Item # 23

CITY COUNCIL



Agenda Item: Resolution approving Procurement No. 2014-62, TIF #8 - Phoenix Commons.


This project involves the construction of a trail between the JAMF Software building, the

multi-family apartment building to the north, and a future parking ramp, providing public

access to Phoenix Park from the east. The project also includes realigning the pedestrian

crosswalk on Riverfront Terrace.

The developers agreement between the City of Eau Claire and JAMF software requires the

City to construct and maintain the trail. The trail will be constructed of materials that

match materials used in Phoenix Park.

The project will be completed in two phases as plans for a future parking ramp and

additional development in Block 7 continues. The first phase includes construction of the

trail between the JAMF building and the apartment complex, with a temporary asphalt path

to the parking lot on Block 7. The asphalt trail will be replaced with a permanent paver

lined trail when a parking ramp is constructed.

The project is being funded by TIF #8.


Action: Resolution


Recommendation

Phoenix Commons Overall Site Plan

91

RESOLUTION


TIF #8 – PHOENIX COMMONS.



the office of the City Clerk, award of a contract to Haas Sons, Inc., of Thorp, Wisconsin, the

work to be performed in accordance with Procurement No.2014-62, TIF #8 – Phoenix

Commons, is hereby authorized. The estimated consideration for the work to be performed under

this contract is $361,592.15. Upon satisfactory completion and acceptance of the work

performed under such contract the Comptroller is authorized to draw upon City funds in

payment.

Adopted,

September 23, 2014

(SEAL) ________________________________


(SEAL) _________________________________


(ATTESTED) __________________________________


92

ORDINANCES

95

Agenda Item #24

CITY COUNCIL



Agenda Item: Ordinance rezoning property at 103, 117, and 123 Roosevelt Avenue from R-1

to P-Public for the existing homes to be used for university housing as shown

on Planning File #Z-1540-14).

(This item was postponed by the City Council at its May 13 meeting.)


This ordinance rezones properties at 103, 117, and 123 Roosevelt Avenue from R-1 to

P-Public for the existing homes to be used for university housing. The Waterways and

Parks Commission and the Plan Commission recommended approval. The City Council

postponed consideration of this ordinance at its May 13 meeting. Attached is a letter we

received from the University requesting this item be postponed until they have completed

their work with the Third Ward Neighborhood Association.

ATTACHMENTS

Action: Final reading

Attachments: Ordinance

Letter

Map

96

ORDINANCE

ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF EAU CLAIRE

THE CITY COUNCIL OF THE CITY OF EAU CLAIRE DO ORDAIN AS FOLLOWS:

That the Zoning Ordinance for the City of Eau Claire, Wisconsin, is hereby amended by rezoning

the following described property:

103, 117, and 123 Roosevelt Avenue, City of Eau Claire

FROM

R-1 (One-family Dwelling District)

TO

P-Public Properties District

as shown on Planning Drawing No. Z-1540-14, on file in the office of Community Development.

All provisions of said zoning ordinance now or thereafter adopted, and all regulations now existing

or hereafter adopted by the City of Eau Claire connected with or related to P-Public District shall

apply to said changed district, and the district map adopted by Section 18.60.020 of the Eau Claire

Municipal Code shall thereafter be amended in accordance with this ordinance. The General

Development Plan for this property, a copy of which is on file in the office of Community

Development and open to public inspection during normal business hours, is hereby approved with

the following conditions, as per Section 18.07.030 of the Eau Claire Municipal Code:

1. The existing homes on these three lots with the letter from applicant (attached to report)

describing their use is the site plan for this zoning. Any change in use requires an

amendment to this zoning as per Section 18.07.030 of City Code.

(SEAL)


(SEAL)


(ATTESTED) ___________________________________


97

Agenda Item #25

CITY COUNCIL



Agenda Item: Ordinance amending Table XII of the City Code of Ordinances, entitled "Parking,

Stopping and Standing Prohibited," by changing the parking on Locust Lane

adjacent to Locust Lane School.


Upon the request of the Eau Claire School District and after working with our Police

Department, we are requesting a change in parking along Locust Lane near the Locust Lane

Elementary School to improve safety during school day traffic, especially during the morning

drop-off and afternoon pick-up of students. The requested change would allow enforcement

on Locust Lane of “No Parking, Stopping or Standing, 7:30 a.m. to 4:00 p.m., During School

Days, Except School Buses” along:

the west side, from Pinehurst Road to Potter Road

the east side, from the northern school entrance to Potter Road

Implementing the proposed ordinance will discourage student pick-up along the west side of

Locust Lane and allow for parent drop-off and pick-up along the east side of Locust Lane,

adjacent to the school.


Action: Ordinance - Second Reading


Map

100

ORDINANE

ORDINANCE AMENDING TABLE XII OF THE CODE OF ORDINANCES OF THE CITY OF

EAU CLAIRE ENTITLED "PARKING, STOPPING AND STANDING PROHIBITED"


That Table XII, "Parking, Stopping and Standing,” and specifically that portion thereof

entitled "No Parking, Stopping or Standing--7:30 a.m. to 4:00 p.m., During School Days, Except

School Buses" is hereby amended as follows:

Locust Lane, the east side, from Potter Road to 185 feet south of Potter Road the area adjacent to

Locust Lane School;

and by adding thereto the following:

Locust Lane, the west side, from Pinehurst Road to Potter Road.

(SEAL) _____________________________________

Kerry J. S. Kincaid, Council President

(SEAL) _____________________________________

Russell Van Gompel, City Manager

(ATTESTED) _____________________________________

Donna A. Austad, City Clerk

First Reading

Final Reading

Adopted

Published

_______________

NOTE: Additions are indicated by double underscore; deletions by strikeout. Newly created or

repealed and recreated sections appear without any markings.

101

Agenda Item #26

CITY COUNCIL

AGENDA ITEM SUMMARY


Agenda Item: Ordinance in accordance with Section 66.0217 Wisconsin Statutes, annexing

to the City of Eau Claire and particularly to the 14th

Assessment Ward, 5th

Aldermanic District, that part of Lots 17, 19, and 21 of Block 7 of Replat of

Kohlhepp’s First Addition and the north half of Kohlhepp Road adjacent to

said lots, all located in the NW ¼ - NE ¼, of Section 14, T27N, R10W, Town

of Union, Eau Claire County, as shown on Planning Drawing No. 14-02A

(Stanley petition), located on the north side of Kohlhepp Road.

COMMENTS

The property owner is annexing in order to build a new residence connecting to city services.

ACTION/ATTACHMENTS

Action: First reading


Map

103

ORDINANCE

ORDINANCE ANNEXING TERRITORY TO THE CITY OF EAU CLAIRE


Section 1. Territory Annexed. In accordance with Section 66.0217 of the Wisconsin Statutes,

the following described territory in the Town of Union, Eau Claire County, Wisconsin, is

annexed to the City of Eau Claire, Wisconsin.

Lots 17, 19 and 21 of Block 7 of Replat of Kohlhepp’s First Addition and the

north half of Kohlhepp Road adjacent to said Lots, all located in the NW1/4-

NE1/4 of Section 14, T27N, R10W, Town of Union, Eau Claire County, Wisconsin

further described as follows:

Commencing at the southeast corner of said NW1/4-NE1/4 of Section 14; thence

west, along the south line of said NW1/4-NE1/4 to the east line of said Block 7

extended south, and the point of beginning; thence north along said east line of

Block 7 and its extension to the northeast corner of said Lot 17 of Block 7; thence

west along the north line of said Lot 17 to the northwest corner of said Lot 17;

thence south along the west line of said Lots 17, 19, and 21 to the south line of the

NW1/4-NE1/4 of said Section 14; thence east along said south line of the NW1/4-

NE1/4 to the point of beginning.

Section 2. Effect of Annexation. From and after the date of this ordinance, the territory

described in Section 1 shall be part of the City of Eau Claire for any and all purposes provided

by law and all persons coming or residing within such territory shall be subject to all ordinances,

rules and regulations governing the City of Eau Claire.

Section 3. Temporary Zoning Classification. The territory annexed to the City of Eau Claire

by this ordinance is temporarily designated to be R-1A -- Non-Sewered One-Family Dwelling

District for zoning purposes and subject to all provisions of the zoning ordinance of the City of

Eau Claire relating to such district classification and to zoning in the city.

Section 4. Ward Designation. The territory described in Section 1 of this ordinance is hereby

made a part of the 14th

Assessment Ward and the 5th

Aldermanic District of the City of Eau

Claire, subject to all ordinances, rules and regulations of the city governing wards and districts.

104

Section 5. Severability. If any provision of this ordinance is invalid or unconstitutional, or if

the application of this ordinance to any person or circumstance is invalid or unconstitutional,

such invalidity or unconstitutionality shall not affect the other provisions or application of this

ordinance which can be given effect without the invalid or unconstitutional provisions or

applications.

(SEAL)


(SEAL)


(ATTESTED)


First Reading

Final Reading

Adopted

Published

105

Agenda Item #27

CITY COUNCIL



Agenda Item: Ordinance rezoning property at 1010 Folsom Street, from C-2 to R-1 as shown

on Planning File #Z-1548-14.


This ordinance rezones properties at 1010 Folsom Street from C-2 to R-1 for the existing

use on the lot which is a single-family home.

ATTACHMENTS

Action: First reading


Map

107

ORDINANCE

ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF EAU CLAIRE


That the Zoning Ordinance for the City of Eau Claire, Wisconsin, is hereby amended by rezoning

the following described property:

Lots 1 and 2, Block 8, Truax Park Addition, City of Eau Claire

FROM

C-2 (Neighborhood Commercial District)

TO

R-1 (One-family Dwelling District)

as shown on Planning Drawing No. Z-1548-14, on file in the office of Community Development.

All provisions of said zoning ordinance now or thereafter adopted, and all regulations now existing

or hereafter adopted by the City of Eau Claire connected with or related to R-1 District shall apply

to said changed district, and the district map adopted by Section 18.60.020 of the Eau Claire

Municipal Code shall thereafter be amended in accordance with this ordinance.

(SEAL)


(SEAL)


(ATTESTED) ___________________________________


First Reading

Final Reading

Adopted

Published

__________________

NOTE: Additions are indicated by double underscore; deletions by strikethrough. Newly created

or repealed and recreated sections appear without any markings.

108

PLAN COMMISSION

MINUTES

110

CITY OF EAU CLAIRE PLAN COMMISSION MINUTES

Meeting of September 15, 2014

City Hall, Council Chambers 7:00 p.m. Members Present: Messrs. Weld, Hibbard, Larsen, Radabaugh, Pederson, Lahti, Seymour, Ms. Mitchell,

Ms. Ebert Staff Present: Messrs. Tufte, Noel, Genskow The meeting was chaired by Mr. Weld.

1. CONDITIONAL USE PERMIT (CZ-1419) – Sign Plan, Sacred Heart Hospital Mr. Tufte presented the request to allow three additional wall signs, one of which exceeds the

32 s.f. standard size provision of a residential R-4H zoning district at Sacred Heart Hospital, 900 W. Clairemont Avenue. The signage is to better guide patients and visitors. The illuminated wall signs would be located at the urgent care and main entrances. The “Urgent Care” sign is proposed at 43 s.f. and the two “Main Entrance” signs on both sides of the canopy are 27.8 s.f. The existing “Emergency” sign by urgent care will be replaced and reduced in size to 37.2 s.f.

Chuck Knoeck, of Graphic House, noted what colors the signs will be during day and night.

Mr. Lathi moved to approve the condition use permit for the signs. Mr. Seymour seconded and the motion carried.

2. CERTIFIED SURVEY MAP (CSM-7-14) – Two Lots on Mischler Drive, Town of Washington

Mr. Tufte presented a request to approve a Certified Survey Map (CSM) to create two lots at 5319 Mischler Drive, Town of Washington. One new lot would contain an existing single-family home. The CSM is subject to the 10-acre provision unless the subdivision can meet Infill Lot Land Divisions standards within the Sewer Service Area. Staff is concerned with the precedence which this subdivision may set with smaller 1.25 acre lots.

Applicants, Margot Bouchard of 5319 Mischler Drive, and Eric Knauf of 3028 Hartwood Drive, stated the lots to the immediate east are larger because they have a steep slope in excess of 20%. Ms. Bouchard said she would like to build a house for the aging demographic.

Ms. Mitchell moved to approve the Certified Survey Map based on terrain factors with the lots to the east. Mr. Pederson seconded and the motion carried. Mr. Hibbard abstained from voting.

3. STREET VACATION – Heimstead Road

Mr. Genskow presented the petition to vacate a portion of Heimstead Road by adjacent commercial property owners. On Heimstead Road, west from Warden Street, the vacation would be 60 feet in width and 446.74 feet in length. The vacation may give owners ability for future parking but existing utilities should not be vacated. The properties are all owned by the same company. The western stub-end will be a longer driveway approach and the property owner needs to maintain its snow plowing.

111

Plan Commission Minutes Meeting of September 15, 2014 Page 2

Commissioners discussed the lack of financial compensation on the vacation, lack of notice to Neighbors, and who would snow plow on the driveway approach. Also noted was the vacation would help reduce city maintenance and add more property tax value.

Ms. Mitchell moved to recommend approval of the vacation and added a condition that an agreement covers the snow plowing maintained by the property owner(s). Seconded by Ms. Ebert and the motion carried. Mr. Larsen voted nay.

4. LAND DEDICATION – Gateway Industrial Park Corporation

Mr. Genskow presented a request to accept a dedication of land for public right-of-way to extend Venture Drive north to County Line Road and for a related storm water facility. The length is from Venture Drive, from Fortune Drive to County Line Road. Applicant, Gateway Industrial Park Corporation, has agreed to dedicate the land to serve new land for development. Mr. Lahti moved to recommend approval of the dedication. Ms. Ebert seconded and the motion carried. Mr. Hibbard voted nay.

5. SITE PLAN (SP-1430) – Biscuit Loft Apartments, 1300 First Avenue

Mr. Tufte presented a request to approve a site plan for the Biscuit Loft Apartments at the former Parks and Recreation building, 1300 First Avenue. A one-story garage/storage wing would be removed as part of the project. The vacant building would be rehabilitated containing 22 units. The required count of 36 parking stalls is met on the site plan and 22 bike parking stalls need to be provided. Landscaping improvements need to be included in a plan and street trees are subject to City Forester approval.

Applicant, Vern Hanson with MetroPlains LLC, spoke in support and his company has been rehabbing old buildings like this since 1981. All building windows will be new and they will do a full-scale restoration per the National Park Service historic guidelines. The housing is for general occupancy. Mr. Hibbard moved to approve the site plan subject to a revised site plan meeting the conditions of the staff report. Mr. Pederson seconded and the motion carried.

6. SITE PLAN (SP-1431) – Green Tree Hotel, 516 Galloway Street

Mr. Tufted presented a request to approve a site plan for the remodel of the Green Tree Hotel. There are 30 units proposed, along with a new restaurant, and bike, boat, and tube storage. The required parking, factoring in bike and transit reduction credits, is 48 stalls with 20 stalls provided on site. Applicant notes three additional lots for parking within 800’ of the property to serve this demand. Public Works Department has evaluated the Railroad Lot, Dewey Street, and Volume One’s 13-stall parking lot, along with time-of-day usage. They believe this parking should be sufficient. All other conditions required for the site plan need to be met.

112

Plan Commission Minutes Meeting of September 15, 2014 Page 3

Hal Snow with SDS Architects, and Nick Meyer with Volume One, spoke in support of the project. They stated the City is adding pedestrian lighting along the new Galloway Street and they have been collaborating with the City on street trees. The driveway will be graded down so it is a smoother entry. A new bump-out on Galloway will protect their loading zone be open for valet service. They believe parking will be fine if managed by hotel staff directing customers. Mr. Lahti moved to approve the site plan subject to the conditions in the staff report. Ms. Mitchell second and the motion carried.

7. DISCUSSION/DIRECTION

A. Comprehensive Plan Update

Mr. Tufte stated the first meeting of the update was well attended by stakeholders and they did a dot-mocracy exercise to identify many issues. Various chapters of analysis are to be reviewed before the next meeting.

B. Code Compliance Items

None. C. Future Agenda Item None.

D. Additions or Corrections to Minutes

None.

8. MINUTES

The minutes of the meeting of September 2, 2014, were approved. _______________________________ Jamie Radabaugh, Secretary

113

eau claire city council agenda...

Documents