official notice and agenda - revised€¦ · 2019-05-14 · 08-0609 resolution of the park and...

Call to Order

Pledge of Allegiance / Roll Call / Proclamations

File # CMT Consent Agenda ACT19-0401 COUN Minutes of previous session meeting(s). (4/23/19) Place on file

06-1215 BPW Report: Insurance Claims January 2019 - March 2019 Place on file

19-0508 CISM Ordinance Designating no stopping, standing or parking on the south side of Rosecrans Street between S. 12th Avenue and S. 14th Avenue and no stopping, standing or parking on the north side of Rosecrans Street beginning 50 feet west from S. 12th Avenue and extending to S. 14th Avenue

Approved 3-0

19-0509 CISM Ordinance Designating no parking on the east side of S. 3rd Avenue from Bopf Street to Thomas Street and on the west side of S. 3rd Avenue from the intersection of Bopf Street to 100 feet north of the Bopf Street intersection

Approved 3-0

09-0808 ED Resolution Approving the allocation of Business Campus Property at Enterprise Drive to the Wausau Police Department for a Storage Facility and Future Shooting Range

Approved 5-0

19-0511 ED Resolution Waiving the City's Right to Purchase Property in the Wausau Business Campus in Order to Allow the Title Transfer of 300 South 84th Avenue from B. Elwood, LLC to Piper Products, Inc.

Approved 5-0

19-0507 FIN Resolution Approving Development Services Agreement with Bluestem Energy Solutions, LLC

Approved 5-0

03-1110 HR Resolution Amending Part-Time, Seasonal, and Temporary Wage Rates Approved 5-0

11-1213 HR Resolution Approving extension of City of Wausau Biometric Health Assessment Program incentive to all employees from May 2019 until end of April 2020.

Approved 5-0

19-0510 P&REC Resolution Approving Fiber Optic Telecommunication Easement between the City of Wausau and Wausau School District for placement of fiber optic cable

Approved 4-0

17-0108 PH&S Resolution Creating City of Wausau Policy for awarding Operator’s and Other Licenses and replacing the former City of Wausau Policy Operator’s Licenses (“2017 Policy”)

Approved 4-0

19-0108 PH&S Resolution Approving or Denying Various Licenses as Indicated Approved 4-0

File # CMT Resolutions and Ordinances ACT

19-0503 Mayor's Appointments16-0913 ED Resolution Amending the proposal/plan submitted by Urban Street Bistro and the

sale of property for the redevelopment of the former Westside Battery and L&S Printing properties at 401 and 415 South First Ave

Approved 5-0

02-1005 FIN Resolution Approving Agreement for Purchase and Sale of Real Estate – Partial Acquisition With Option For Full Acquisition at 224 East Thomas Street

Approved 5-0

03-1007 FIN Resolution Approving the 2019 Community Development Block Grant Program Allocation

Approved 5-0

12-1011 FIN Resolution Approving Reprogramming of Community Development Block Grant funds, Homeowner Rehabilitation Activity into Street Reconstruction Activity

Approved 5-0

18-1109 FIN Resolution Approving the 2019 budget modification for the Roof Replacement Project Public Works Garage and Salt Barn

Approved 5-0

12-0219 HR Resolution Amending the Employee Handbook Language in Section 8.01 – General Provisions

Approved 5-0

12-0219 HR Resolution Amending the Employee Handbook Language in Section 3.04-Nepotism, Employment of Relatives.

Approved 4-1

19-0505 PLAN Ordinance Rezoning 1551 Westwood Drive from IB, Interchange Business District to B3, General Commercial District

Approved 7-0

19-0505 PLAN Resolution Approving a conditional use at 1551 Westwood Drive to allow for a landscaping contractor office, shops and yards, in a B3, General Commercial District

Approved 7-0

19-0506 PLAN Ordinance Rezoning 110 West Bridge Street, 612, 616 & 618 North 1st Avenue and 607, 611, 615 & 617 North 2nd Avenue from R3, Two Family Residence District to B3, General Commercial District

Approved 6-1

19-0506 PLAN Resolution Approving a conditional use at 102 West Bridge Street and 612, 616 & 618 North 1st Avenue to allow for a car wash, in a B3, General Commercial District

Approved 6-1

15-0613 PLAN Ordinance Rezoning 1301 North 2nd Street from R3, Two Family Residence District to UDD, Unified Development District and be added to the General Development Plan to allow for multi-family residential units

Approved 7-0

15-0613 PLAN Resolution Approving the Precise Implementation Plan at 101/103, 201 and 205 Short Street and 1202 & 1204 North 3rd Street to allow for six (6) multi-family residential units in a UDD, Unified Development District.

Approved 7-0

Continued

*** All present are expected to conduct themselves in accordance with our City's Core Values ***

Patrick Peckham, Michael Martens, David Nutting, Tom Neal, Gary Gisselman, Becky McElhaney, Lisa Rasmussen, Karen Kellbach, Dawn Herbst, Mary Thao, Dennis Smith

Location:

OFFICIAL NOTICE AND AGENDA - REVISED

COMMON COUNCIL OF THE CITY OF WAUSAU

Notice is hereby given that the Common Council of the City of Wausau, Wisconsin will hold a regular or special meeting on the date, time and location shown below.

Members:

Public Comment:

Meeting of the:Tuesday, May 14 2019 at 6:30 pm. Date/Time:City Hall (407 Grant Street, Wausau WI 54403) - Council Chambers

Pre-registered citizens for matters appearing on the agenda and other public comment.

15-0613 PLAN Resolution Approving the Precise Implementation Plan at 1301, 1305, 1309 & 1313/1315 North 2nd Street and 206 Short Street to allow for eight (8) multi-family residential units in a UDD, Unified Development District

Approved 7-0

19-0504 PLAN Resolution Approving a conditional use at 1200 West Wausau Avenue to allow for placement of a 8’x10’ fiber structure (hut) on the property to house telecommunications equipment and cables, in a IR, Interchange Residence District and R2, Single Family Residence District

Approved 7-0

19-0504 PLAN Resolution Approving a conditional use at 610 McDonald Street to allow for placement of an 8’x10’ fiber structure (hut) on the property to house telecommunications equipment and cables, in a R3, Two Family Residence District

Approved 7-0

14-1014 PLAN Resolution Amending the Precise Implementation Plan at 1300 North River Drive to allow for a shade sail structure in a UDD, Unified Development District

Approved 6-1

Suspend the Rules (2/3 vote required)02-1005 FIN Resolution Accepting dedication of a portion of the following for public right-of-way

regarding the Thomas Street project: 1040 S. 3rd Avenue and 306 W. Thomas Street, 1107 S. 3rd Avenue, 1300 Cleveland Avenue, 102 W. Thomas Street, 110 E. Thomas Street, 118 E. Thomas Street, 120 E. Thomas Street, 109 E. Thomas Street, 138 E. Thomas Street, 140 E. Thomas Street, 230 E. Thomas Street and 246 E. Thomas Street

Pending

17-0410 FIN Resolution Authorizing Application to the 2019 WDNR Knowles-Nelson Stewardship Grant for the Riverwalk Trail Project (Public Trail Development)

Pending

02-1005 FIN Resolution Approving Jurisdictional Offer process to owner of 1041 South 3rd Avenue

Pending Closed Session

Public Comment & Suggestions

Adjournment

Signed by Robert B. Mielke, Mayor

In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA), the City of Wausau will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs or activities. If you need assistance or reasonable accommodations in participating in this meeting or event due to a disability as defined under the ADA, please call the City's ADA Coordinator at (715) 261-6620 or email [email protected] at least 48 hours prior to the scheduled meeting or event to request an accommodation.

This Notice was posted at City Hall and transmitted to the Daily Herald newsroom on 5/10/2019 @ 12:00 pm. Questions regarding this agenda may be directed to the City Clerk.

CLOSED SESSION pursuant to 19.85(1)(e) of the Wisconsin Statutes for deliberating or negotiating the purchase of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session regarding negotiating the terms of a development agreement with Riverlife Wausau LLC

RECONVENE into Open Session to take action, if necessary, on Closed Session item.

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OFFICIAL PROCEEDINGS OF THE WAUSAU COMMON COUNCIL held on Tuesday, April 23, 2019 at 6:30 pm in the Council Chambers at City Hall.

Mayor Robert Mielke presiding. Roll call 4/23/2019 6:31:41 PM Roll call indicated 11 members District Alderperson Present 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa YES 8 Kellbach, Karen YES 9 Herbst, Dawn YES 10 Thao, Mary YES 11 Smith, Dennis YES Recognition: The 4th Annual Dream Big 2056 fundraiser, sponsored by the Hmong American Center, was held on Saturday, April 6, 2019, created to recognize and to sponsor numerous outstanding Hmong students through awarding educational scholarships. This year, the Stanley F. Staples Person of the Year Award was given out to two individuals, Pastor Yauo Yang, of The Cross of Wausau Church and Alderperson Mary Thao. Presentation: AARP of Wisconsin Sam Wilson, State Director for AARP stated he was present to celebrate and honor Wausau as the fourth entrant in the AARP Network of Age-Friendly Communities in the State of Wisconsin. He explained the Age-Friendly Network program and what membership means. This presentation can be viewed on YouTube: https://www.youtube.com/watch?v=BjFBgW0pNjo Public Comment for Pre-registered citizens for matters appearing on the agenda and other public comment

1) Judith Miller, 903 Kickbusch St, expressed her continued concern with the Thomas Street road construction project regarding the level of contamination that may be distributed throughout the city and the air through excavation. She urged them to wait until the test results were in and further evidence that it is safe.

2) Ka Lo, 724 Park Ave, commented on the proposed Diversity Committee being created by the Mayor, indicating she was happy with the direction the city was taking and knew many of the members being appointed; however, she felt the resolution should be postponed until the rift between Council and Alderperson Thao was mended.

Consent Agenda 4/23/2019 6:46:29 PM Motion by Gisselman, second by Peckham to approve all items on the consent agenda as follows: Mayor indicated there was a request by Thao to remove file # 19-0401 and file # 18-0805 from the Consent Agenda. 19-0406 Initial Resolution of the Capital Improvements and Street Maintenance Committee Setting a public hearing regarding vacating and discontinuing N. 2nd Street south of Short Street 19-0407 Initial Resolution of the Capital Improvements and Street Maintenance Committee Setting a public hearing regarding vacating and discontinuing an alley bounded by West Bridge Street, Quaw Street, North 1st Avenue and North 2nd Avenue 07-0908 Resolution of the Capital Improvements and Street Maintenance approving Renewal of Stormwater Memorandum of Agreement 08-0609 Resolution of the Park and Recreation Committee Authorizing Temporary Easement Agreement - Athletic Park Parking (Great Lakes Cheese of Wausau Wisconsin, Inc.) 08-0609 Resolution of the Park and Recreation authorizing Temporary Easement Agreement - Athletic Park Parking (AJR Properties North, LLC)

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Yes Votes: 11 No Votes: 0 Result: PASS 19-0401 4/23/2019 6:47:02 PM Motion by Peckham, second by Nutting to approve the minutes of the previous meeting(s). (4/09/19)

Yes Votes: 10 No Votes: 0 Abstain: 1 Not Voting: 0 Result: PASS

District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa YES 8 Kellbach, Karen YES 9 Herbst, Dawn YES 10 Thao, Mary ABS 11 Smith, Dennis YES 18-0805 4/23/2019 6:51:29 PM Motion by Herbst, second by Smith to approve a Resolution of the Finance Committee approving the Purchase of Parking Pay Station Shelters from Wausau Canvas Thao indicated she sits on the Transit Commission along with Peckham and McElhaney, where there has been discussion about not having enough resources to support bus transportation on Saturdays, as well as providing shelters for our most used routes and/or replacing rundown shelters. She supported the Parking Pay Station technology, but did not agree with $30,000 being invested for shelters for the Parking Pay Stations and cameras for the Police Department. She stated she would vote against the resolution because she believed we have greater needs. Rasmussen explained the Parking Pay Station shelters are part of the larger project that was funded from the parking fund and it makes sense that we would protect that equipment from inclement weather. She commented she also felt Thao’s statements were well taken in regard to the Transit needs. She noted Metro Ride can submit CIP requests for its capital needs in July.


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa YES 8 Kellbach, Karen YES 9 Herbst, Dawn YES 10 Thao, Mary NO 11 Smith, Dennis YES 19-0408 4/23/2019 6:52:09 PM Motion by Nutting, second by Gisselman to approve a Resolution of the Capital Improvements & Street Maintenance Commission Authorizing a Driveway in Excess of Forty-Four Feet for 141 West Thomas Street Exiting onto South 3rd Avenue (Kolbe & Kolbe)

Yes Votes: 11 No Votes: 0 Result: PASS 19-0410 4/23/2019 6:54:43 PM Motion by Neal, second by Rasmussen to adopt a Resolution of the Economic Development approving the sale of 1940 and 2001 N. 2nd Street building and property (or parts thereof) to Bridge Community Health Clinic or their assigns for the expansion of clinic operations, relocation and expansion of community gardens and additional parking

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McElhaney questioned if the city has any other investment needs for the Bridge Community Clinic for a driveway or parking. Schock indicated there was dialogue about establishing shared parking area agreements.

Yes Votes: 11 No Votes: 0 Result: PASS 18-1109 Amendment 4/23/2019 7:11:54 PM Motion by Gisselman, second by Neal to Amend a Resolution of the Finance Committee approving the 2019 budget modification for the Station 2 Construction and award the contract to the low bidders - to approve a bid for only four doors versus the original eight doors. Thao questioned if the doors were part of the original design. Chief Kujawa stated the doors are part of the design but we put an alternate bid in for different types of doors. They are not the horizontal doors that raise up and down, they are doors that open vertically. They are a little more expensive, but they offer additional efficiencies and cost savings due to less door maintenance. The doors open and/or close in 7 - 8 seconds as opposed to 14 -16 seconds with the other doors, resulting in savings in heat loss from the building, quicker emergent exit of vehicles from the building and easier opening in a power failure. She indicated Marshfield’s research on the four doors they put into their station shows a payback in efficiencies in approximately 14 years. Kujawa noted she was petitioning for the four front doors because those are the emergency doors that we want to open quickly and in full view of the driver. The back doors, however, could have the horizontal doors for vehicles returning to the station. The alternate bid of $290,000 was actually for eight doors, so if they wanted to just do four doors in the front that cost would be cut in half. McElhaney questioned if there was anything else they could do to lower the price to match the budget. Kujawa responded they have decreased the size of the building by about 1200 square feet, being the smallest building that 5 Bugles has ever built. We have changed the design construction of the roof to a cheaper style and decreased the mechanical bay, etc. She felt they had done everything they can to get the price down. She believed the bids were coming in high because of the economy and all the work that is out there keeping contractors busy. Vote on amendment:


District Alderperson Vote 1 Peckham, Patrick NO 2 Martens, Michael YES 3 Nutting, David E. NO 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa NO 8 Kellbach, Karen NO 9 Herbst, Dawn NO 10 Thao, Mary YES 11 Smith, Dennis YES 18-1109 4/23/2019 7:12:46 PM Motion by Herbst, second by Rasmussen to adopt a Resolution of the Finance Committee approving the 2019 budget modification for the Station 2 Construction and award the contract to the low bidders, as amended on council floor.


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa YES 8 Kellbach, Karen YES 9 Herbst, Dawn YES

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10 Thao, Mary NO 11 Smith, Dennis YES 17-1109 4/23/2019 7:13:15 PM Motion by Nutting, second by Kellbach to adopt a Resolution of the Finance Committee approving the 2018 budget modification for the Recycling Fund

Yes Votes: 11 No Votes: 0 Result: PASS Suspend the Rules 4/23/2019 7:13:47 PM Motion by Neal, second by Gisselman to suspend the rules.

Yes Votes: 11 No Votes: 0 Result: PASS Kellbach exited the meeting at 7:30 pm to attend the County Board meeting. 19-0409 Amendment 4/23/2019 7:36:49 PM Motion by Gisselman, second by Rasmussen to amend a Resolution of the Common Council to change the first three WHEREAS(s) from 'desire' to 'will' and renaming the committee name to "Welcoming and Inclusivity Committee" Thao felt there were already a lot of great opportunities happening in our community, such as One Wausau as well as a Diversity Committee at Marathon County. She did not understand why we would want to create another Diversity Committee. She indicated she did not like the use of the word “desire” within the resolution regarding the committee’s purpose because desire means you could take action but don’t have to. She indicated she spoke with some of the members to be appointed and was told they did not know a chairperson was already chosen and she was concerned with the lack of communication. She felt her concerns regarding her issues with the Council had not yet been met and all she was asking them for was an honest conversation, so if we can’t get through that how can we expect to have honest conversations with our community with this committee. She reiterated we can join other opportunities already out there doing great things. Rasmussen stated this is not about reinventing the wheel or redundancy with programs that are already making an impact in our community. We want our community to be as welcoming, diverse and inclusive as we can possibly make it and the Council accepts the advice and recommendations of advisory committees. This is a community initiative at the city level designed to advise us on issues where there may be relevance. Its purpose is not to adjudicate complaints or settle conflict between people; it is a think tank to determine how Wausau can be more welcoming to new residents. Thao suggested the committee name be changed to drop the word “Diversity” from the title as she did not believe it applied. She felt the entire committee name should be reviewed and come up with a different name. Neal stated once the members meet, they can decide what they want the committee to be named based on what they feel resonates with them, the community, and the mission. Mayor Mielke stated this is intended to be a positive outreach and he did not object to the committee coming up with a different name. He noted the City of Wausau has not had a diversity type committee for several years and we have not been part of Marathon County. He stated the committee can make the decision on how they want to move forward. Vote on Amendment:


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa YES 8 Kellbach, Karen NV 9 Herbst, Dawn NO 10 Thao, Mary NO 11 Smith, Dennis NO

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19-0409 4/23/2019 7:37:38 PM Motion by Nutting, second by Rasmussen to adopt a Resolution of the Common Council Creating Mayor's Welcome, Diversity and Inclusivity Committee as amended


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky NO 7 Rasmussen, Lisa YES 8 Kellbach, Karen NV 9 Herbst, Dawn YES 10 Thao, Mary NO 11 Smith, Dennis NO 19-0403 4/23/2019 7:42:07 PM Motion by Nutting, second by Peckham to approve all Mayor's appointments to the Mayor’s Welcoming and Inclusivity Committee. Mayor Mielke stated it was learned there was an incident with David Deon Stuart in 2004 considered a misdemeanor and which has not hindered employment. Mielke stated he believes in second chances and was comfortable with him contributing to this committee in a positive way. He indicated he was working on filling the other two appointments. Thao stated one of the individuals being appointed was considering declining; another commented they were unaware that Tom Neal was to be the chairperson; and another indicated to her they just really want to be there to keep an eye on the city. Mayor Mielke stated the committee can choose their own chair and reiterated this is meant to be a positive step forward.


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky NO 7 Rasmussen, Lisa YES 8 Kellbach, Karen NV 9 Herbst, Dawn YES 10 Thao, Mary NO 11 Smith, Dennis NO 02-1005 4/23/2019 7:42:50 PM Motion by Nutting, second by Rasmussen to adopt a Resolution of the Finance Committee approving Agreement for Purchase of Fee Acquisition of Land at 141, 143 and 145 West Thomas Street


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary NO 6 McElhaney, Becky NO 7 Rasmussen, Lisa YES 8 Kellbach, Karen NV

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9 Herbst, Dawn YES 10 Thao, Mary NO 11 Smith, Dennis YES 02-1005 4/23/2019 7:43:30 PM Motion by Nutting, second by Herbst to adopt a Resolution of the Finance Committee approving Agreement for Purchase for a Temporary Limited Easement and Compensation at 201 West Thomas Street


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary NO 6 McElhaney, Becky NO 7 Rasmussen, Lisa YES 8 Kellbach, Karen NV 9 Herbst, Dawn YES 10 Thao, Mary NO 11 Smith, Dennis YES 14-0704 4/23/2019 7:44:25 PM Motion by Nutting, second by Gisselman to adopt a Joint Resolution of the Capital Improvement and Street Maintenance and the Finance Committee approving Authorization to Proceed with the 2019 Wisconsin DOT 1st Avenue Reconstruction Project and the related Budget Modification and Financing Plan


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa YES 8 Kellbach, Karen NV 9 Herbst, Dawn YES 10 Thao, Mary NO 11 Smith, Dennis YES Closed Session 4/23/2019 7:46:39 PM Motion by Rasmussen, second by Neal to move into CLOSED SESSION pursuant to Wis. Stats. 19.85(1)(g) for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, for the purpose of conferring with legal counsel regarding pending tax litigation involving Walgreen Co., Case No. 15CV855 and 18CV594


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa YES 8 Kellbach, Karen NV

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9 Herbst, Dawn YES 10 Thao, Mary NO 11 Smith, Dennis YES Closed Session 4/23/2019 7:47:27 PM Motion by Smith, second by Neal to move into CLOSED SESSION pursuant to Wis. Stats. 19.85(1)(e) of the Wisconsin Statutes for deliberating or negotiating the purchase of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session regarding selection of developer for the Riverlife Villages Phase I project


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa YES 8 Kellbach, Karen NV 9 Herbst, Dawn YES 10 Thao, Mary NO 11 Smith, Dennis YES Public Comment or Suggestions Chuck Robinson, 2221 Ridgeview Dr, suggested a reuse for the old Fire Station #2 building for seniors in the City of Wausau and asked the Council not to forget them. Thao exited the meeting. Council Reconvened into Open Session to take action on Closed Session item. 08-0406 4/23/2019 9:02:58 PM Motion by Rasmussen, second by Herbst to adopt a Resolution of the Common Council proposing agreement for settlement of lawsuits between City of Wausau and Walgreen Co. for property tax challenges for the tax years 2015-2018


District Alderperson Vote 1 Peckham, Patrick YES 2 Martens, Michael YES 3 Nutting, David E. YES 4 Neal, Tom YES 5 Gisselman, Gary YES 6 McElhaney, Becky YES 7 Rasmussen, Lisa YES 8 Kellbach, Karen NV 9 Herbst, Dawn YES 10 Thao, Mary NV 11 Smith, Dennis YES Adjourn 4/23/2019 9:03:32 PM Motion by Neal, second by Nutting to adjourn. Motion carried unanimously. Meeting adjourned at 9:05 p.m. Robert B. Mielke, Mayor Toni Rayala, City Clerk

CITY OF WAUSAU, 407 Grant Street, Wausau, WI 54403

ORDINANCE OF CAPITAL IMPROVEMENTS & STREET

MAINTENANCE COMMITTEE

Designating no stopping, standing or parking on the south side of Rosecrans Street between S. 12th Avenue and S. 14th Avenue and no stopping, standing or parking on the north side of Rosecrans Street beginning 50 feet west from S. 12th Avenue and extending to S. 14th Avenue

Committee Action:

Approved 3-0 Ordinance Number:

Fiscal Impact:

Minimal cost to install signs

File Number:

19-0508 Date Introduced: May 14, 2019

The Common Council of the City of Wausau do ordain as follows:

Section 1. That Section 10.20.080(ar) of the Wausau Municipal Code is hereby amended as

follows:

There shall be no stopping, standing or parking:

North side of Rosecrans Street between S. 12th Avenue and S. 14th Avenue, Monday through Friday, 7:30 a.m.-9:00 a.m. and 2:30 p.m.-4:00 p.m. South side of Rosecrans Street beginning 50 feet west from S. 12th Avenue and extending to S. 14th Avenue, Monday through Friday, 7:30 a.m.-4:30 p.m.

Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 3. This ordinance shall be in full force and effect on the day after its publication.

Adopted: Approved: Approved: Published: Attest: Robert B. Mielke, Mayor

Attest:

Toni Rayala, Clerk

CAPITAL IMPROVEMENTS AND STREET MAINTENANCE COMMITTEE ___________________________________________________________________________________________ Date of Meeting: April 11, 2019, at 5:30 p.m. in the Council Chambers of City Hall. Members Present: Gisselman, McElhaney, Rasmussen Also Present: Mayor Mielke, Lindman, Buckner, Wesolowski In compliance with Chapter 19, Wisconsin Statutes, notice of this meeting was posted and received by the Wausau Daily Herald in the proper manner. Discussion and possible action regarding parking restrictions on Rosecrans Street in block 1200 through 1500 Buckner explained this parking restriction would actually affect the blocks between 12th Avenue and 14th Avenue. This is a request from the principal of GD Jones School to help improve their pickup and drop off situation. The principal tested these restrictions by putting cones out to help direct the traffic flow and prohibit parking. There is signage on the south side and north side, but it is not in the ordinance. This would clean that up and adopt the actual restrictions. Rasmussen feels this makes sense. There was a similar problem at Thomas Jefferson. Posting no parking was very helpful and worked for Thomas Jefferson. Rasmussen moved to approve parking restrictions as proposed. Seconded by McElhaney and the motion carried unanimously 3-0.

Agenda Item No. 8

STAFF REPORT TO CISM COMMITTEE – April 11, 2019

AGENDA ITEM Discussion and possible action regarding parking restrictions on Rosecrans Street in blocks 1200 through 1500 Proposed parking restrictions would be toward improving the conditions for student arrival and departure associated with G.D. Jones Elementary School. BACKGROUND INTRODUCTION: A request for certain “No Parking” restrictions on Rosecrans Street in blocks 1200 through 1400 (location) was initiated by Robin Franks, Principal of G.D. Jones Elementary School. Ms. Franks advised the heavy traffic volume associated with student arrival and departure times (A/D) has created a challenge for G.D. Jones staff to monitor students at these peak times. Traffic at the location is heavy and congested during A/D times, requiring daily staff oversight and direction to parents. Wausau Police Department parking enforcement staff has been on site when available but cannot monitor the location on a daily basis. Past practice by staff in providing information and direction to parents can help to alleviate the issue, but it takes several weeks each new school year to achieve even basic compliance. Parents access the G.D. Jones parking lot from Rosecrans St. Restrictions posted on street signs limits entry to the lot via the western-most entrance (see figure A1). Vehicles are allowed to park on the north side of Rosecrans Street between S. 12th Avenue and S. 14th Avenue. The parked vehicles add to the congestion of two way traffic on Rosecrans Street attempting to access the parking lot at peak A/D times. Additionally, students attempting to cross Rosecrans Street to the waiting parked cars create further safety concern. REQUEST:

1. Location 1: north side of Rosecrans Street between S. 12th Ave. and S. 14th Ave. a) No Parking, Stopping or Standing: Monday through Friday 7:30AM-9:00AM and 2:30PM-4:00PM.

(see figure A1) b) Remove signs currently posted on the north side of 1300 block of Rosecrans St. stating “No

Parking between Signs”: the posted restrictions at this location are not listed in municipal ordinance. (see photo 1)

c) Amend municipal ordinance 10.20.080. 2. Location 2: south side of Rosecrans Street between S. 12th Ave. and S. 14th Ave.

a) No Parking, Stopping or Standing: Monday through Friday 7:30AM-4:30PM. (see figure A2) b) Remove sign currently posted on the south side of 1300 block of Rosecrans St. stating “No Parking

No Unattended Vehicles Unload & Go Only”: the posted restriction at this location is not listed in municipal ordinance. (see photo 2)

c) Remove sign currently posted on the south side of 1300 block of Rosecrans St. stating “No Parking This Side of Street”: the posted restriction at this location is not listed in municipal ordinance. (see photo 3)

d) Amend municipal ordinance 10.20.080. 3. Location 3: south side of Rosecrans Street, approximately fifty (50) feet west from S. 12th Ave.

a) No Parking Here to Corner b) Replace sign currently posted on the south side of the 1200 block of Rosecrans St. stating “No

Parking This Side of Street” with sign stating “No Parking Here to Corner”: the posted restriction at this location is listed in municipal ordinance 10.20.080 (a) as “[no parking] south side of Rosecrans Street from a point 50 feet west of its intersection with South 12th Avenue to South 12th Avenue.” (see photo 4)

FISCAL IMPACT Minimal – production and installation of signs STAFF RECOMMENDATION Wausau Police Department recommends improvements to control measures related to student arrival and departure times at G.D. Jones Elementary School. Final modifications subject to engineering review/MUTCD. Staff contact: Lt. Cord Buckner 715-261-7803

Map data ©2019 Google 100 ft

G D Jones Elementary School

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A: No Parking, Stopping or Standing: Monday through Friday 7:30AM-9:00AM and 2:30PM-4:00PM.

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D: No Parking Here To Corner.

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C: No Parking, Stopping or Standing: Monday through Friday 7:30AM-4:30PM.

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B: No Parking, Stopping or Standing: Monday through Friday 7:30AM-9:00AM and 2:30PM-4:00PM.

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ENTRY

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Photo 1 – “No Parking Between Signs” – view of westbound Rosecrans St., approaching S. 14th Ave.

figure A2

Photo 2 – “No Parking No Unattended Vehicles Unload & Go Only” – view of western-most entry to lot

Photo 3 – “No Parking This Side of Street” – view is just east of the western-most entry to lot

Photo 4 – “No Parking This Side of Street” – view of eastbound Rosecrans St., approaching S. 12th Ave.


ORDINANCE OF CAPITAL IMPROVEMENTS & STREET

MAINTENANCE COMMITTEE

Designating no parking on the east side of S. 3rd Avenue from Bopf Street to Thomas Street and on the west side of S. 3rd Avenue from the intersection of Bopf Street to 100 feet north of the Bopf Street intersection

Committee Action:

Approved 3-0 Ordinance Number:

Fiscal Impact:

Minimal cost to install signs

File Number:


The Common Council of the City of Wausau do ordain as follows:

Section 1. That Section 10.20.080(a) of the Wausau Municipal Code is hereby amended as follows:

There shall be no parking:

East side of S. 3rd Avenue from Bopf Street to Thomas Street West side of S. 3rd Avenue from the intersection of Bopf Street to 100 feet north of the Bopf Street intersection

Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 3. This ordinance shall be in full force and effect on the day after its publication.

Adopted: Approved: Approved: Published: Attest: Robert B. Mielke, Mayor

Attest:

Toni Rayala, Clerk

CAPITAL IMPROVEMENTS AND STREET MAINTENANCE COMMITTEE ___________________________________________________________________________________________ Date of Meeting: April 11, 2019, at 5:30 p.m. in the Council Chambers of City Hall. Members Present: Gisselman, McElhaney, Rasmussen Also Present: Mayor Mielke, Lindman, Buckner, Wesolowski In compliance with Chapter 19, Wisconsin Statutes, notice of this meeting was posted and received by the Wausau Daily Herald in the proper manner. Discussion and possible action on approving no parking restrictions on the east side of South 3rd Avenue from Bopf Street to Thomas Street and on the west side of South 3rd Avenue from the intersection of Bopf Street to 100 feet north of the Bopf Street intersection Wesolowski stated this item goes with the item just discussed as it is related to truck turning movements. When trucks exit the driveway the front tires would be in the southbound lane. Cars parked in the vicinity would make the turning movement very difficult. Parking is proposed to be eliminated in the first 100’ and also along the east side as this is a rather narrow street. Wesolowski has not seen any cars parked on the east side when he has been in the area. The property on the east side is owned by Kolbe & Kolbe. 1107 South 3rd Avenue is owned by the City and 215 West Thomas Street is owned by Bendrick. Currently there is no parking from here to corner posted at 1107 South 3rd Avenue; this would be extended on the east side for the remainder of the Kolbe property and include the first 100’ on the west side. Rasmussen moved to approve no parking restrictions on the east side of South 3rd Avenue from Bopf Street to Thomas Street and on the west side of South 3rd Avenue from the intersection of Bopf Street to 100 feet north of the Bopf Street intersection. Seconded by McElhaney. Elford would like to see some type of mitigation on the west side for his neighbor that could not attend tonight. His neighbor has no extra parking and a guest would not be able to park in front of his house. He asked if the restriction could be moved back to 60’. Rasmussen said the neighbor has access from the alley. Elford replied he does not have parking in back for a guest. Wesolowski indicated the proposed restriction would affect half of his lot as it is measured from the centerline of Bopf Street. There being a motion and a second, motion to approve no parking restrictions on the east side of South 3rd Avenue from Bopf Street to Thomas Street and on the west side of South 3rd Avenue from the intersection of Bopf Street to 100 feet north of the Bopf Street intersection carried unanimously 3-0.

Agenda Item No. 4

STAFF REPORT TO CISM COMMITTEE – April 11, 2019

AGENDA ITEM Discussion and possible action on approving no parking restrictions on the east side of S. 3rd Avenue from Bopf Street to Thomas Street and on the west side of S. 3rd Avenue from the intersection of Bopf Street to 100 feet north of the Bopf Street intersection BACKGROUND

Engineering is proposing to place the above no parking restrictions on S. 3rd Avenue. See the attached map. Kolbe and Kolbe is requesting to install a 55 foot wide driveway at 141 West Thomas Street. This entrance/exit onto S. 3rd Avenue will become the primary exit out of the Kolbe & Kolbe facility during and after the reconstruction of Thomas Street. The current driveway for Kolbe & Kolbe onto Thomas Street will become a right in-right out only driveway when the project is completed. Kolbe & Kolbe requires this large of a driveway to accommodate truck turning movement. From the truck turning movements clarify the need for the restrictions. FISCAL IMPACT Minimal, DPW would install no parking signs. STAFF RECOMMENDATION Staff recommends approving the no parking restrictions. Staff contact: Allen Wesolowski 715-261-6762

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THIS MAP IS NOT TO BE USED FOR NAVIGATIONNAD_1983_HARN_WISCRS_Marathon_County_Feet

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DISCLAIMER: The information and depictions herein are for informational purposes and Marathon County-City of Wausau specificallydisclaims accuracy in this reproduction and specifically admonishes and advises that if specific and precise accuracy is required, the same

should be determined by procurement of certified maps, surveys, plats, Flood Insurance Studies, or other official means. MarathonCounty-City of Wausau will not be responsible for any damages which result from third party use of the information and depictions herein

or for use which ignores this warning.

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Notes

4/3/2019Map Created:

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RESOLUTION OF THE ECONOMIC DEVELOPMENT COMMITTEE

Approving the allocation of Business Campus Property at Enterprise Drive to the Wausau Police Department for a Storage Facility and Future Shooting Range.

Committee Action: Approved 5-0

Fiscal Impact: None

File Number: 09-0808 Date Introduced: May 14, 2019

FISCAL IMPACT SUMMARY

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Included in Budget: Yes No One-time Costs: Yes No Recurring Costs: Yes No Amount:

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Fee Financed: Yes No Amount: Grant Financed: Yes No Amount: Debt Financed: Yes No Amount Annual Retirement TID Financed: Yes No

TID Source: Increment Revenue Debt Funds on Hand Interfund Loan

WHEREAS, the City of Wausau owns Business Campus property at 8225 Enterprise Drive (see attached mapping); WHEREAS, portions of the property identified have numerous challenges to development including wetlands, easements, size and access making it less marketable for private sector development, WHEREAS, the Wausau Police Department has identified a need for an evidence storage facility of adequate space and with requisite security measures that are commensurate with risks and exposures posed by different types of oversized evidence as well as a future need for a shooting range/training facility; WHEREAS, the Economic Development Committee recommends the allocation of this Business Campus Property at Enterprise Drive, NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Wausau hereby approves the allocation of the parcel to be created as mapped from property at 8225 Enterprise Drive and instructs the appropriate City staff to execute the necessary real estate documents for the allocation of said land. Approved: Robert B. Mielke, Mayor

ECONOMIC DEVELOPMENT COMMITTEE Date and Time: Tuesday, May 7, 2019 at 5:15 p.m., Council Chambers ED Members Present: Neal, Gisselman, Peckham, Rasmussen and Martens Others Present: Schock, Jacobson, Groat, Lenz and Marquardt In accordance with Chapter 19, Wisc. Statutes, notice of this meeting was posted and sent to the Daily Herald in the proper manner. The Economic Development Committee meeting was called to order by Neal at 5:15 p.m. Discussion and Possible Action on the Allocation of Business Campus Property at Enterprise Circle to the Wausau Police Department for a Storage Facility and Future Shooting Range Schock stated that staff has been working with the PD to locate a property that meets their needs. Matt Barnes explained that funding for this phased project did not make the CIP cut but that they received permission to borrow as part of the Fire House project. Storage facility will be built in September/October with the shooting range at a later date. The PD is asking the Committee to formally allocate the property. A discussion was held regarding the size, access, easements and wetland considerations and subsequent lack of private sector marketability. Rasmussen expressed that it is a use that makes sense. Motion by Rasmussen to transfer the property to the Police Department, second by Peckham. Motion passed 5-0.

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Existing Water/Sewer and Communication Easement



Waiving the City's Right to Purchase Property in the Wausau Business Campus in Order to Allow the Title Transfer of 300 South 84th Avenue from B. Elwood, LLC to Piper Products, Inc.


Fiscal Impact: None


WHEREAS, Piper Products, Inc. wishes to purchase the building, which they currently rent at 300 South 84th Avenue for continued growth; and WHEREAS, deed restrictions on the property give the City of Wausau first right of refusal to purchase the property and the right to consent to any assignment, transfer or sublet of the leased premises upon the subject property; and WHEREAS, the prospective buyer is exercising a $2,500,000 option contained in a Purchase Agreement, to purchase the property; and WHEREAS, your Economic Development Committee, at their May 7, 2019 meeting, considered the matter and recommends waiver of the city’s right to repurchase the property, as reserved in the deed restrictions. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Wausau that the City hereby waives its right to exercise its option to repurchase the property at 300 South 84th Avenue in the Wausau Business Campus in order to allow the transfer of title of the property from B. Elwood, LLC to Piper Products, Inc. BE IT FURTHER RESOLVED by the Common Council of the City of Wausau that the Mayor and Clerk are hereby authorized to execute the attached Waiver of Right to Purchase. Approved: Robert B. Mielke, Mayor

ECONOMIC DEVELOPMENT COMMITTEE Date and Time: Tuesday, May 7, 2019 at 5:15 p.m., Council Chambers ED Members Present: Neal, Gisselman, Peckham, Rasmussen and Martens Others Present: Schock, Jacobson, Groat, Lenz and Marquardt In accordance with Chapter 19, Wisc. Statutes, notice of this meeting was posted and sent to the Daily Herald in the proper manner. The Economic Development Committee meeting was called to order by Neal at 5:15 p.m. Discussion and Possible Action on the City’s Right to Repurchase Property at 300 South 84th Avenue Schock indicated that Piper Products was the business seeking an internal transfer between the current entities. Motion by Peckham to waive the right to repurchase the property, second by Martens. Motion passed 5-0.


RESOLUTION OF THE FINANCE DEPARTMENT Approving Development Services Agreement with Bluestem Energy Solutions, LLC

Committee Action: Approved 5-0 Fiscal Impact: None File Number:



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RESOLUTION WHEREAS, Bluestem Energy Solutions, LLC (“Bluestem”) and the City of Wauau wish to enter into a Development Services Agreement to analyze potential alternative energy solutions for city operations; and WHEREAS, Bluestem would analyze the city’s use of energy in an attempt to find a viable alternative energy project that would shift the city’s energy use to a more sustainable source and reduce energy costs; and WHEREAS, the Development Services Agreement is the first step in the process, and only authorizes Bluestem to conduct the research and analysis to find a viable project and does not authorize the construction of a project; and WHEREAS, your Finance Committee, on April 23, 2019, discussed and recommended entering into a Development Services Agreement with Bluestem. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Wausau that the property city officials are hereby authorized and directed to execute the attached Development Services Agreement with Bluestem Energy Solutions, LLC to analyze potential alternative energy solutions for city operations. Approved: Robert B. Mielke, Mayor

FINANCE COMMITTEE Date and Time: Tuesday, April 23, 2019 @ 5:15 pm., Council Chambers Members Present: Rasmussen, Smith, Martens, Kellbach, and Nutting (entered late) Others Present: Groat, Jacobson, Kujawa, Lindman, Wesolowski, Goede, Stratz, Mohelnitzky, Polley, Neal, Herbst, Glenn Speich & Damon Phalin - MSA

Discussion and possible action on approving a development services agreement with Bluestem Energy Solutions, LLC Rasmussen stated the ultimate goal would be to find viable energy projects that could be constructed to generate electricity in the city and the city would purchase energy generated for a pre-determined time period. Jacobson explained the agreement was initially drafted to give Bluestem a period of time within which to conduct their development activities and at the conclusion they wanted us to bind ourselves to a Power Purchase Agreement with them, in advance of knowing what they might come up with or what the cost might be. She indicated she has rewritten the agreement so that the only thing the city is committing to is to allow them a time period to conduct their development activities. At the conclusion we are supposed to negotiate a Power Purchase Agreement in good faith, but if we don’t, we pay nothing. If we terminate the agreement prior to them concluding their development activities they could charge us up to $25,000. Motion by Kellbach, second by Nutting to approve the service agreement with Bluestem Energy Solutions, LLC. Motion carried 5-0.


RESOLUTION OF THE HUMAN RESOURCES COMMITTEE Amending Part-Time, Seasonal, and Temporary Wage Rates




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RESOLUTION WHEREAS, your Human Resources Committee reviewed, discussed and considered the value of updating the wage rates and pay schedules for part-time, seasonal, and temporary employees; and, WHEREAS, the Human Resources Committee found merit in adjusting these wages and recommends the rates and pay schedule be updated according the attached documents, with changes summarized as follows:

Remove the Part-time Property Appraiser position from the Part-time rates. Part-time Property Appraisers will instead be hired according to the standard wage scale.

Seasonal Aide positions were condensed into a single salary grade. This allows seasonal aides to advance to a higher wage in the scale, even if they change work locations.

Amend the title of Engineering Seasonal Aide to Seasonal Technician. Wages were increased by 6%, to reflect the market increases recommended as part of the Compensation

Study. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Wausau that the proper city officials and designees are hereby authorized and directed to update the Part-time, Seasonal and Temporary rates as proposed and attached, to be effective April 21, 2019. Approved: Robert B. Mielke, Mayor

DRAFT

CITY OF WAUSAU HUMAN RESOURCES COMMITTEE MINUTES OF OPEN SESSION

DATE/TIME: April 8, 2019 at 4:30 p.m. LOCATION: City Hall (407 Grant Street) – Council Chambers MEMBERS PRESENT: Becky McElhaney (C), Gary Gisselman, Dawn Herbst, Michael Martens, Tom Neal MEMBERS ABSENT: Also Present: Mayor Mielke, T. Vanderboom, A. Jacobson, B. Bliven, Judge Sauer Discussion and Possible Action Approving Amendments to Part-Time, Temporary, and Seasonal Wage Rates. Vanderboom explained that part-time and seasonal wage rates are adjusted as employee salary midpoints are adjusted, and temporary rates remain fixed until the committee advances a recommendation to council. As the City just updated the salary ranges according to the wage study, the midpoints have changed. Vanderboom said that the proposed rate changes reflect a 6% increase since the rates were last changed two years ago. Vanderboom discussed other changes included on the information contained in the packet on this item. Neal asked if the proposed changes have been reviewed with the departments; Vanderboom said that she has discussed the changes with Lindman. Motion by Neal to approve amendments to part-time, temporary, and seasonal wage rates. Second by Gisselman. All ayes. Motion passes 5-0.

Human Resource Committee Packet April 8, 2019

Agenda Item

Discussion and Possible Action Approving Amendments to Part‐Time, Temporary and Seasonal Wage Rates

Background

Part‐Time and Seasonal wage rates are adjusted as employee salary midpoints are adjusted, while temporary rates remain fixed until adjustments are proposed by Council. As the Common Council just approved the compensation study, Human Resources also examined the rates for part‐time, seasonal, and temporary positions.

Fiscal Impact

Is based on hours worked and unknown at this time; the financial impact is variable and dependent on returning staff and hours worked. Departments will be able to absorb these increases within their budgets for these positions by adjusting hours worked as necessary.

Staff Recommendation

Update salaries as attached. The recent compensation study updated non‐represented employees according to market, but this was not a uniform across‐the‐board increase to be easily applied to the seasonal, part‐time, and temporary rates. Instead, the Human Resources Department relied on the rate supported by World at Work and Gallagher & Co, of 3% increase per year. These rates were last adjusted in 2017, so an adjustment of 6% was applied to most positions. Staff recommends removing the position of Part‐Time Assessor. This position performs all of the duties of Property Appraiser, on a part‐time basis. Should the need arise and budget allow, I would recommend hiring these part‐time staff within the salary range currently established by the compensation study. The attached recommendations also include streamlining the Seasonal position salaries. The current chart lists four distinct salary rates for Seasonal Aides, depending upon the department. A review of the job duties of seasonal aide finds that the positions are reasonably similar in responsibility level. For this reason, I recommend combining seasonal aides into one salary range. Some positions, such as Engineering Seasonal Aide (to be retitled Engineering Seasonal Technician), Water Works Seasonal Technician and GIS Intern remain at separate, higher salary ranges to reflect the positions’ greater responsibility levels.

Staff contact: Toni Vanderboom 715‐261‐6634

CITY OF WAUSAU PART‐TIME, TEMPORARY AND SEASONAL WAGE RATES

Effective April 21, 2019 (Adopted by Council ________________)

City of Wausau Employee Handbook Section 4.01 – Employment Categories

Part‐time: A part‐time employee is an employee whose schedule consists of less than twenty hours per

week. A part‐time employee is not eligible for employment benefits from the City unless specifically

identified in the City’s policies or as required by law.

Seasonal or Temporary: Employees in service of the City on a temporary basis for fewer than fifty‐two

(52) consecutive weeks per year. Such employees are compensated at an hourly rate and are not

eligible for employee benefits. Such employees are also not eligible for Wisconsin Retirement benefits

nor are contributions made by the City unless the employee exceeds the required hours in a 12 month

rolling period which at that time the employee will be eligible for WRS benefits including any

contributions required to be made by the City. Hours worked will be reviewed periodically to verify the

accuracy of an employee’s employment classification. If reclassification is necessary, the employee will

be notified.

PART‐TIME RATES DEPARTMENT POSITION HOURLY WAGE

DPW‐Parking 9012 (221)

Parking Cashier 1st year 2nd year 3rd year 4th year

$8.99$9.52$10.05$10.58

Public Access 9005 (730)

Production Assistant 1st year 2nd year 3rd year 4th year

$12.85$13.60 $14.36 $15.12

Public Access 9007 (740)

Production Specialist 1st year 2nd year 3rd year 4th year

$14.91 $15.78 $16.66 $17.53

TEMPORARY RATES

DEPARTMENT POSITION HOURLY WAGE

Assessment Board of Review Member $85.00/day

Finance 9003 9002 Poll Worker

Election Chief Inspector Election Inspector

$9.75$8.75

Police Substitute Crossing Guard $12.80

Public Access 9005/Step 17

Production Assistant $12.85

SEASONAL RATES

CITY OF WAUSAU PART‐TIME, TEMPORARY AND SEASONAL WAGE RATES

Effective April 21, 2019 (Adopted by Council ________________)

DEPARTMENT POSITION HOURLY WAGE

Police

9100 (710) Community Services Officer Community Communications Specialist

1st year 2nd year 3rd year 4th year

$11.63 $12.21 $12.82 $13.45

Police City Wide DPW‐Yard Waste DPW‐Street Water Works

9120 (700) 9014 (311) 9020 (230) 9019 (200) 9017 (800)

Crossing Guard Seasonal Aide

1st year 2nd year 3rd year 4th year

$12.80 $13.56 $14.30 $15.06

DPW‐Engineering Water Works

9016 (210) 9047 (210)

Seasonal Technician 1st year 2nd year 3rd year 4th year

$14.07 $15.48 $16.88 $18.29

DPW‐GIS 9018 (240) GIS Intern 1st year 2nd year 3rd year 4th year

$15.47 $17.00 $18.55 $20.10

Police Crossing Guard Manager $16.08

Part‐time and Seasonal rates are adjusted as employee salary mid‐points are adjusted. Temporary rates

remain fixed until adjustments are proposed and adopted by Council.


RESOLUTION OF THE HUMAN RESOURCES COMMITTEE Approving extension of City of Wausau Biometric Health Assessment Program incentive to all employees from May 2019 until end of April 2020.

Committee Action:

Approved 5-0

Fiscal Impact:

$6534.72

File Number:



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RESOLUTION

WHEREAS, the Common Council established a Biometric Health Assessment program in 2011; and WHEREAS, the US District Court for the District of Columbia has vacated the Equal Employment Opportunity Commission’s (EEOC’s) wellness rule effective January 1, 2019; and WHEREAS, in 2019 the Common Council approved the Biometric Health Assessment program participation incentive be extended to all employees effective May 2018 through the end of April 2019; and WHEREAS, the EEOC has not issued its new rule to date; and WHEREAS, your Human Resources Committee recommends extending the participation incentive again in 2019 in expectation of the EEOC issuing its new rule; and BE IT RESOLVED, by the Common Council of the City of Wausau provide the Biometric Health Assessment program participation incentive to all employees effective May 2019 through the end of April 2020. Approved: Robert B. Mielke, Mayor

DRAFT


DATE/TIME: April 8, 2019 at 4:30 p.m. LOCATION: City Hall (407 Grant Street) – Council Chambers MEMBERS PRESENT: Becky McElhaney (C), Gary Gisselman, Dawn Herbst, Michael Martens, Tom Neal MEMBERS ABSENT: Also Present: Mayor Mielke, T. Vanderboom, A. Jacobson, B. Bliven, Judge Sauer Discussion and Possible Action on the City of Wausau Biometric Screening Program. Vanderboom provided an overview of how the biometric screening program was administered last year, giving the incentive to all employees insured with the City regardless if they participated in the program because of legal issues under review by the EEOC. The EEOC was supposed to provide guidance on wellness incentives by 1/1/19 but have not yet done so. Vanderboom provided three options for consideration, included in the packet. Neal asked about participation rates. Vanderboom said that prior to 2018 the participation rate was almost 100% with almost 300 people participating, and last year about 150 people participated. Neal said that since there seems to be interest in the program, he would recommend option 2 – continue the completely voluntary (non-incentivized) biometric screening program for an additional year. Martins asked if the City is doing anything with the data it receives. Vanderboom said that providing biometric screenings does not affect the City’s rates, but that the data can be used to develop wellness programing, and the City has been working with the vendor to try to establish wellness programming, as the City does not have any funding available for it. Motion by Gisselman for option 2– continue the completely voluntary (non-incentivized) biometric screening program for an additional year. Second by Neal. All ayes. Motion passes 5-0.


Agenda Item

Discussion and Possible Action on City of Wausau Biometric Screening Program

Background

Effective January 1, 2019, the US District Court for the District of Columbia has vacated the Equal Employment Opportunity Commission’s wellness rule. To date, the EEOC has not issued any new guidance regarding what amount of incentive/penalty is appropriate for wellness plan participation. Last year, the Common Council voted to extend the biometric screening discount to all employees regardless of biometric screening participation.

Fiscal Impact

Undetermined


There is currently no legal guidance governing the appropriate amount of incentive to keep a wellness program “voluntary.” Council has three options: Reinstate the biometric screening program as it was prior to 2018. Continue the completely voluntary (non‐incentivized) biometric screening program for an additional year. Suspend the biometric screening program for 2019.



RESOLUTION OF THE PARK AND RECREATION COMMITTEE Approving Fiber Optic Telecommunication Easement between the City of Wausau and Wausau School District for placement of fiber optic cable




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RESOLUTION WHEREAS, the Wausau School District proposes to connect fiber from Horce Mann Middle School to Riverview Elementary School and would like to pass through Sylvan Hill Park which would give the park future fiber connections, if needed; and WHEREAS, your Park and Recreation Committee, at their April 1, 2019 meeting, recommended the installation of fiber by the Wausau School District through Sylvan Hill Park; and WHEREAS, a fiber optic telecommunication easement would be needed in order to run the fiber through Sylvan Hill Park. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Wausau that the proper city officials are hereby authorized and directed to execute a fiber optic telecommunications easement with the Wausau School District in substantial compliance with the attached Exhibit 1 for the installation of fiber through Sylvan Hill Park. Approved: Robert B. Mielke, Mayor

DRAFT

CITY OF WAUSAU – PARK AND RECREATION COMMITTEE MEETING MINUTES

Date/Time: April 1, 2019 at 4:30 p.m. Location: Council Chambers, City Hall

Members Present: Gary Gisselman, Tom Neal, Pat Peckham (c), Dennis Smith

Members Excused: David Nutting

Others Present: Jamie Polley-Parks, Recreation and Forestry Director, Mayor Robert Mielke, Wally

Gelhar-City/County IT Department

In accordance with Chapter 19, Wisc. Statutes, notice of this meeting was posted and sent to the Daily

Herald in the proper manner. It was noted that there was a quorum present and the meeting was called to

order by Chairman Peckham at 4:30 p.m.

Approval of Minutes – Motion by Gisselman, second by Neal to approve the Park and Recreation

Committee draft March 11, 2019 minutes. Motion carried by voice vote, vote reflected as 4-0.

Discussion and Possible Action Approving the Installation of Fiber by the Wausau School District

Through Sylvan Hill Park – Wally Gelhar from the City/County IT Department said that the City of

Wausau and Marathon County have been in consortium with NTC and the Wausau School District for

about seven years where they jointly own fiber throughout the City and use it for mutual benefit. The City

was approached by the school district about crossing the Sylvan Hill Park property. The middle school is

adjacent to the park property and they are looking to connect fiber to Riverview Elementary School which

is to the north. The benefit to the City is that they would have access to get onto that fiber if they needed

future connections for the park. Possible uses would be Wi-Fi, camera access, sensors, time cards, etc.

There would not be any disturbance to trees because it would follow along the west side of the existing

road. Motion by Smith, second by Neal to approve the installation of fiber by the Wausau School District

through Sylvan Hill Park. Motion carried by voice vote, vote reflected as 4-0.

5/10/2019

To: Anne Jacobson City Attorney

Cc: City Council and Wausau School District

Re: Easement for fiber across Sylvan Hills Park

High speed internet access for schools is a critical infrastructure issue that the Wausau School District

continues to focus on and, when opportunities and finances allow, improve each school’s connection

speed.

In 2010, City-County IT, North Central Technical College and the Wausau School District (WSD) applied

for and received grant funding to build fiber for a community area network. We formed a 66.0301

entity to own the fiber called the Wausau Community Area Network (WCAN). The network was

completed in 2012 and has been very successful. Its goal is to connect government, education and non-

profit medical providers together and to provide access to high speed Internet. We have about 11 miles

of fiber. In addition, each of the partners has a number of other fiber runs that have since been

connected to it. We have expanded to additional agencies which now includes DC Everest Schools,

Newman Catholic, Marathon County Library, Wisconsin Valley Library Service. Each of these entities

pay an annual fee to have this access. We have public-private partnerships with Nsight, Packerland,

WISCNET and the WDOT that expands our reach. The Wiscnet connection gives us access to a 10Gb

Internet Connection which we share access to. This connection takes place at the State patrol building

in Rib Mountain.

The WSD now has almost all of their facilities connected to the WCAN either directly or on private

laterals.

The current WSD project connects their Riverview School to their middle school/high school complex

near Sylvan Hills Park.

With respect to the run through Sylvan, I see it as mutually beneficial so I’d recommend that the city

approve the easement without charge. When they do the installation, we’ll have the contractor put a

vault by the parking lot of the chalet and a fiber lateral into the chalet. The city would pay for these two

items and they would own the lateral. The school district will be paying for all of the rest of the

installation which will be substantial. When the network gets hooked up eventually in the chalet, the

city will be able to have our internal network show up there which will give the city the ability to: have

WIFI and network connections , door controls, hvac monitoring, alarm monitoring, cameras, Intellitime

timecard readers, etc. Traffic from the chalet would traverse to the vault, then across a pair of fiber

that the school district owns up to the high school and then eventually over a mix of school district fiber,

NSight fiber and WCAN fiber – into City Hall.

This is a great example of local public entities working together to solve problems in the most cost

effective way. I urge you to support this easement.

Gerard Klein

Director

City-County IT Commission

Document No. FIBER-OPTIC

TELECOMMUNICATIONS EASEMENT

Document Title

THIS INDENTURE, made this ______ day of ____________, 2019, by and between CITY OF WAUSAU, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Wisconsin, Grantor, FOR One and no/100 dollars ($1.00) and other valuable consideration paid to it by WAUSAU SCHOOL DISTRICT, its successors and assigns, hereinafter called “Grantee,” receipt whereof is hereby acknowledged, does hereby grant unto Grantee, its successors and assigns, the perpetual right, permission, authority, privilege and easement, to do any of the following: Construct, place, operate, inspect, maintain, access, repair, replace and remove such above ground and underground communication structures and facilities, to include buried conduit with fiber-optic telecommunication cable installed inside of said conduit, as Grantee may from time to time require, consisting of cables, conduits, access points, manholes, bore pits, vaults and necessary fixtures, together with any required utility poles, anchors, guy wires and appurtenances, in, under and over land owned by said Grantor in the City of Wausau, County of Marathon, State of Wisconsin, more specifically described in Exhibit A, including any related ingress and egress rights. Grantee shall maintain any of its improvements constructed or installed within the Easement area. The operation and maintenance of such improvements within the Easement area shall be at the Grantee’s sole cost and expense. The Grantee shall have the right to control all brush and trees within the easement area by cutting or trimming by the Grantee which in its judgment may interfere with or endanger said fiber-optic telecommunications conduit or cable. The Grantee shall refill any trenches in which said fiber-optic telecommunication conduit and cable is laid, promptly restore the surface of the ground to its original condition and if the Grantee shall at any future time open said trenches for the purpose of repairing, renewing, or removing said conduit and/or cable, it will, as soon as said work is done, restore the surface of the ground to its original condition, including replacement of topsoil and turf. All work performed by the Grantee on said land will be performed in a proper workmanlike manner, and during the progress of the work, the Grantee will properly safeguard said trench. Grantee shall be responsible for any damage to Grantor’s property resulting from any exercise of the rights herein granted and shall promptly repair and restore to its original condition any of Grantor’s property that is damaged. Grantee shall compensate Grantor for costs to repair Grantor’s property outside the easement area damaged by the Grantee. Grantee shall comply with all applicable laws, ordinances and regulations which pertain to the Easement, including but not limited to all applicable regulatory, environmental and safety requirements at Grantee’s sole cost and expense. Grantee shall pay all applicable taxes directly imposed against its facilities.

Recording Area Name and Return Address City Attorney’s Office 407 Grant Street Wausau WI 54403

PIN: 29.2908-192.0999

Grantee shall perform a survey of the property following original installation, at its sole expense, for purposes of recording the exact location of the Easement area. The Grantor agrees that it will not construct any improvements, including buildings, concrete structures, or other objects, or change the grade more than four (4) inches over the fiber-optic telecommunications conduit or cable, without first securing the prior written consent of the Grantee. Such consent shall not be unreasonably withheld. This agreement is to insure the conformance of the use of the easement with the Grantee’s construction standards. Grantor expressly reserves for itself, its successors and assigns, the right to use the Easement area or to grant other easements or licenses at the same location so long as such use does not unreasonably interfere with the rights herein granted. Grantee shall not materially interfere with the operations and activities of Grantor on Grantor’s property. The grant of this Easement is made on the express condition that Grantor is to be held free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of Grantee’s exercise of rights granted pursuant to this Easement or use of the Easement area or of the improvements or personal property of Grantee thereto or thereon, or that of its contractors, agents, officers, employees, invitees or licensees, including any liability for injury or death to the person or property of Grantee, its contractors, agents, officers, employees, invitees, or licensees or to any property under the control or custody of Grantee. Grantee hereby covenants and agrees to defend and indemnify Grantor, its officers, officials, employees, agents, invitees and guests and save them harmless from any and all liability, loss, costs, or obligations on account of, or arising out of such injury or losses caused or claimed to be caused by the exercise of the Easement or use of the Easement area by Grantee. This section shall not apply in the event of the sole negligence, gross negligence or willful misconduct of Grantor. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing, signed by the parties, and recorded. The covenants herein contained shall bind the parties hereto and their respective heirs, executors, administrators, successors, and assigns. This easement shall terminate if: 1) the Wausau School District organization legally dissolves the assets of said organization; 2) the fiber-optic telecommunication system becomes abandoned or becomes unusable. IN WITNESS WHEREOF, the undersigned has caused these presents to be executed in its corporate name by its proper officers duly authorized and its corporate seal is to be hereunto affixed the day and year first above written.

INTENTIONALLY LEFT BLANK

CITY OF WAUSAU WAUSAU SCHOOL DISTRICT Robert B. Mielke, Mayor Toni Rayala, City Clerk STATE OF WISCONSIN ) ) ss. COUNTY OF MARATHON) Personally came before me this day of , 2019, the above named Robert B. Mielke, Mayor, and Toni Rayala, City Clerk, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Wisconsin My commission expires:

STATE OF WISCONSIN ) ) ss. COUNTY OF MARATHON) Personally came before me this day of , 2019, the above named to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. Notary Public, Wisconsin My commission expires: This instrument was drafted by Anne L. Jacobosn, City Attorney for the City of Wausau 407 Grant, Street Wausau, WI 54403-4783

EXHIBIT A

Part of the Northwest Fractional ¼, Section 19, Township 29 North, Range 8 East, City of Wausau, Marathon County, Wisconsin, described as follows: A 10 foot wide strip of land centered on the following described centerline: Commencing at the intersection of the East line of said Northwest Fractional ¼ and a line 360 feet South of and parallel with the North line of the South ½ of said Northwest Fractional ¼; thence N00°46'40"W, along said East line, 5 feet to the beginning of said centerline; Thence S88°36'20"W, parallel with said North line of the South ½, 800 feet; thence N47°W, 250 feet; thence N34°W, 425 feet; thence N30°W, 250 feet; thence N22°W, 250 feet; thence N12°W, 150 feet; thence N21°E, 290 feet; thence N10°W, 200 feet; thence N23°W, 55 feet; thence N52°W, approximately 37 feet to the North line of said Section 19, and the end of said centerline.


RESOLUTION OF THE PUBLIC HEALTH & SAFETY COMMITTEE Creating City of Wausau Policy for awarding Operator’s and Other Licenses and replacing the former City of Wausau Policy Operator’s Licenses (“2017 Policy”)

Committee Action:

Approved 4-0

Fiscal Impact:

None

File Number:



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RESOLUTION

WHEREAS, among other things the Wisconsin Fair Employment Law (“WFEA”) prohibits discrimination in licensing and employment based upon an arrest or conviction record except under certain statutorily enumerated circumstances (Wis. Stat. s. 111.335); and

WHEREAS, the Wisconsin State Legislature amended the provisions of the WFEA, relating to the denial of licenses based upon arrest and conviction records (Wis. Stat. ss. 111.335) effective August 1, 2018, through 2017 Wisconsin Act 278 (“Act 278”); and WHEREAS, the amendments, through the creation of statutory section 111.335(4), “Discrimination in Licensing,” have changed the circumstances and processes under which a licensing agency may base decisions to approve, deny, or revoke a license based upon an applicant’s criminal history and such amendments effectively add greater protections for those with arrest or conviction records to obtain a license from a local licensing agency; and WHEREAS, on January 10, 2017, the City of Wausau adopted a policy concerning the issuance alcohol managers’ and bartender’s licenses pursuant to Wis. Stat. s. 125.04, titled City of Wausau Policy Operator’s Licenses (“2017 Policy”), and such policy is affected by the amendments to the WFEA; and

WHEREAS, your Public Health & Safety Committee desires, to ensure the City has an efficient, fair and clear policy that is in compliance with the WFEA to evaluate when an applicant’s arrest or conviction record would or would not preclude him/her from issuance of a license; and

WHEREAS, your Public Health & Safety Committee met on April 22, 2019, and recommended

replacement of the 2017 Policy with the attached City of Wausau Policy: Operator’s and Other Licenses, a copy of which is attached as Exhibit 1; and

WHEREAS, your Public Health & Safety Committee recommended further at such meeting the

adoption of the attached City of Wausau Policy: Operator’s and Other Licenses. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Wausau that

the attached City of Wausau Policy: Operator’s and Other Licenses is hereby approved and replaces the City of Wausau Policy Operator’s Licenses (“2017 Policy”). Approved: Robert B. Mielke, Mayor

PUBLIC HEALTH & SAFETY COMMITTEE Date and Time: Monday, April 22, 2019, at 5:15 pm, (Council Chambers) Members Present: Rasmussen (C), McElhaney, Peckham, Herbst Members Excused: Kellbach Others Present: Alfonso, Rayala, Goede, Bliven, Kujawa, Mielke, Bishop, Rentmeester, Hebert Discussion and possible action on Creating City of Wausau Policy for awarding Operator's and Other Licenses and replacing the former City of Wausau Policy Operator's Licenses ("2017 Policy") Rasmussen stated the state law has changed to allow people who have been recommended for a denial to submit evidence of rehabilitation for fitness to do the licensed activity that must be taken into consideration. This evidence of rehabilitation will become part of the staff review before it ever gets to the committee. As a committee we will not have to adjudicate whether the evidence provided is enough, it will be submitted to the Clerk’s Office and be part of the Police Department’s review to determine if it is sufficient. Motion by Peckham, second by Herbst to approve the policy for awarding licenses. Motion carried 4-0.


RESOLUTION OF THE PUBLIC HEALTH & SAFETY COMMITTEE Approving or Denying Various Licenses as Indicated

Committee Action:

Approved 4-0

Fiscal Impact:

None

File Number:



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RESOLUTION

WHEREAS, your Public Health and Safety Committee considered certain license applications at its April 22, 2019 meeting and has made recommendations that are attached hereto in the meeting minutes and recommends these actions to the Council for its approval, now therefore

BE IT RESOLVED by the Common Council of the City of Wausau that the City Clerk be hereby authorized to issue the licenses on the attached list, incorporated as part of this resolution, according to recommendations made by the Public Health & Safety Committee and upon successful completion and acceptable proof that all applicable state and municipal regulations and requirements have been met by the applicants. Approved: Robert B. Mielke, Mayor

CLERK’SREPORTTOPUBLICHEATH&SAFETYCOMMITTEEApril 22, 2019 Meeting

AGENDA ITEM # 2

Approve or deny various licenses as indicated on the attached summary report of all applications received.

ADDITIONAL INFORMATION

Applications as listed have or will have a background check run by staff and reviewed by the Police Chief or his

designee. Applications marked pending will have a status update at the meeting. In accordance with city

ordinance, all permits approved are held for debts owed to the city until the debt is paid in full.

1. There are no denial recommendations for licenses this month.

2. The list contains all of the renewals for Class A, Class B, and Class C licensed establishments in the city, as

well as other related business licenses such as: Amusement Devices, Cigarette & Tobacco, Tavern

Entertainment, Dance Hall, and Sidewalk Cafe

3. Navieve Fromagerie, LLC dba “Navieve Fromagerie” surrendering license #101421 to allow the incoming

4th & Main, LLC dba “The Milk Merchant” to take over the business as a specialty cheese store.

(Operation to be reviewed by Liquor License Subcommittee immediately prior to this meeting.)

4. Timekeeper Distillery requests permission to have a Spring Fling in conjunction with the previously

approved Class II Special Event Wausau Conservatory’s “For the Love of Music 5K” on April 27, 2019. The

request includes outdoor music on their property (parking lot) and food trucks. They will be present to

discuss the details of this request.

5. Temporary Class B Retailer (Picnic) Licenses for various summer events, such as WI Valley Fair, First UU

Church Goods & Service Auction, and Mid State Sisters of Skate Palooza.

6. Various Renewals for Mobile Vendors.

7. Class I Special Event Applications: Veterans Day Parade and Family Fitness Fest; and Class II Special

Event: 2nd Avenue Block Party.

STAFF RECOMMENDATION

Staff recommendation is to approve or deny as indicated on the summary report including those that

may be introduced at the meeting. Please let me know if you have any question regarding any license

applications listed.

Mary Goede, Deputy Clerk

Date of Report: April 18, 2019

(715) 261‐6621

PUBLIC HEALTH & SAFETY COMMITTEE Date and Time: Monday, April 22, 2019, at 5:15 pm, (Council Chambers) Members Present: Rasmussen (C), McElhaney, Peckham, Herbst Members Excused: Kellbach Others Present: Alfonso, Rayala, Goede, Bliven, Kujawa, Mielke, Bishop, Rentmeester, Hebert Consider approval or denial of various license applications, including renewal of liquor licensed establishments for the 2019-2020 license year. Rasmussen noted there were not any denial recommendations for this month. She stated the Timekeeper Distillery was requesting outdoor music and alcohol in their parking lot in conjunction with the For the Love of Music 5k event taking place there on April 27th. Kimm Vanden Huevel, Timekeepers, stated the Wausau Conservatory of Music is holding a 5k on Saturday that will start and stop at our facility. There will be a tent in the north parking lot and port-a-poddies. They wanted to kick off spring by opening their patio and have some live music free of charge. She noted there would be some food trucks, as well. It will start at 11:00 AM, immediately after the 5K; the first live entertainment will be from 11:00 AM – 1:00 PM, followed by the band Unity from 2:00 PM – 6:00 PM. She noted that all neighbors have been notified on McClellan and Grant that are within that area. There will be wristbands for those over 21 years old and someone to check IDs. She stated there will be an outdoor beer trailer that also has mixed cocktails which are permitted by the state under our Manufacturer/Rectifier Permit. She was asking permission for the service of beer outdoors for this event. Rasmussen stated the Liquor License Review Subcommittee met just before this meeting to review the application of 4th & Main LLC, dba The Milk Merchant, who is purchasing the business Navieve Fromagerie, 402 S 2nd Ave. Navieve Fromergerie LLC has agreed to conditionally surrender their Class B Beer & Liquor license if awarded to 4th & Main LLC. The subcommittee voted unanimous approval for this application. The business will be closed for remodeling for a couple weeks. Motion by Peckham, second by Herbst to approve various all licenses as recommended by staff. Motion carried 4-0. Consider request of Mary Jane Opper (formerly dba Cheer's) for an extension for good cause for the liquor license to the end of the current license year (June 30, 2019). Rasmussen noted that Cheer’s Bar was purchased by the city to make way for Thomas Street construction project causing its closure. The business has now been closed for more than the 30 consecutive days, however, the owner has the option to relocate if a premise can be found. Mary Jane Opper, owner, requested the license be extended to the end of the current license year while she is looking for a premise to relocate her business. Rasmussen stated it could be extended to June 30th and if she was able to find a new premise within the city limits she could renew the license. Motion by Peckham, second by McElhaney to approve a good cause extension of the Class B Beer & Liquor license owned by Mary Jane Opper, to June 30, 2019. Motion carried 4-0. Consider request for permission to have outdoor music (live band) at Athletic Park on July 4, 2019 (Mark MacDonald) Rasmussen stated Mark MacDonald, Wisconsin Woodchucks, hosted an event last year called “Red, White, and Boom” on the 4th of July at Athletic Park that included an outdoor live band and fireworks. He was requesting the same thing for this year. Motion by McElhaney, second by Herbst to approve outdoor music at Athletic Par on July 4, 2019. Motion carried 4-0. Consider request for permission to have an outdoor party on July 27, 2019 at Eagles Club (Meryl Kelch) Meryl Kelch stated the Eagles Club is a non-profit organization that has been in the City of Wausau for 116 years. He stated we raise money at our facility to literally give it away. Over the past three years there have been functions held in our baseball field, for the Man-of-Honor and the Eagles Club. These events typically bring in approximately 200-300 people and include outdoor tents and music.

Kelch stated they would like to have outdoor music on July 27, 2019, playing from 2:00 PM –10:00 PM, and be able to serve alcohol outside for the event in the fenced in baseball field area. There will be security checking IDs and wrist banding for 21 years old and up, as well as a couple police officers. He noted people would be allowed to start setting up chairs around 11:00 AM. We inform neighbors in advance and have cleanup crews for afterwards. Motion by Herbst, second by McElhaney to approve outdoor alcohol service and to allow outdoor music until 10:00 PM, at the Eagle Club on July 27, 2019. Motion carried 4-0. Consider request of John Jacobs and Keith Malwitz (dba J. Gumbos) for an extension for good cause for the liquor license to the end of the current license year (June 30, 2019) John Jacobs stated J. Gumbos will be relocating out of our present location in downtown Wausau on 3rd Street but we are still looking for a new premise. He requested an extension to the end of the current license year to allow them a little more time. He indicated they are looking at all the different options in the metro area, which would include the City of Wausau. Motion by Peckham, second by Herbst to approve a good cause extension of the Class B Beer & Liquor license owned by J.K. Gumbos LLC to June 30, 2019. Motion carried 4-0.


Robin Bucholz (N) 201 Jefferson St Term Exp 12/31/19 715-845-6500

Mara Mullen-Reinhardt (1) 824 Chicago Ave 3 Yr Term Exp 4/30/22 312-221-8959

(N)

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Approved:

* New Appointment

Wausau Arts Commission


CONFIRMATION OF MAYOR'S APPOINTMENTSto Boards, Commissions and Committees: Business Imporvement District Board and the Wausau Arts Commission

Business Improvenment District (BID) Board

* Replacing Deb Rice

Robert B. Mielke, Mayor

Individual is in their own 1st full term

Designates the term number appointed to

Individual is filling the unexpired term of a former member

1

Office of the Mayor Robert B. Mielke

TEL: (715) 261-6800 FAX: (715) 261-6808

MEMORANDUM DATE: May 7, 2019 TO: Toni Rayala Mary Goede FROM: Mayor Robert Mielke RE: Appointment to Business Improvement District (BID) Board CC: Blake Opal-Wahoske - Wausau River District With the departure of Ms. Deb Rice, I would like to add to the City Council Agenda dated May 14, 2019 a replacement appointment. If you have any questions, feel free to reach out to me. Thank you.

New-Appointment BID (Business Improvement District) Board: Ms. Robin Bucholz (Replacing Deb Rice - Fulfilling her term - Expires 12/31/19) Jefferson Street Inn 201 Jefferson Street Wausau, WI 54403 715-845-6500 [email protected]

407 Grant Street – Wausau, WI 54403

Office of the Mayor Robert B. Mielke

TEL: (715) 261-6800 FAX: (715) 261-6808

MEMORANDUM DATE: April 30, 2019 TO: Toni Rayala, City Clerk Mary Goede, Deputy City Clerk FROM: Mayor Robert Mielke RE: Appointments to Wausau Arts Commission Please place the following new appointment to the Wausau Arts Commission on the 5/14/19 Council Agenda. Thank you. WAUSAU ARTS COMMISSION Mara Mullen-Reinhardt (3 Yr Term expires 4/30/22) 824 Chicago Avenue Wausau, WI 54403 312-221-8959 [email protected] Cc: Brad Lenz Attachment: Bio

Mara Mullen-Reinhardt Education Director & Volunteer Coordinator Center for the Visual Arts

Mara Mullen-Reinhardt graduated from the School of the Art Institute of Chicago in 2011 with a BFA in Ceramics and Art and Technology. Mara has exhibited nationally, including in New York, Chicago, Oregon and Wisconsin. She has received many grants, awards and scholarships such as the Elsa Anderson Memorial Scholar Grant, the School of the Art institute Merit Scholarship and the Haines and Friends Artist Grant.

During her time in Chicago she worked for SAIC and the Hyde Park Art Center, a nonprofit and alternative exhibition space, as an instructor and studio technician. Mara moved to Brooklyn in 2011 to focus on jewelry design and ceramic fabrication along with maintaining her own studio practice. Mara held positions with designers such as SCOSHA and Michele Quan, through which she worked on jewelry and sculpture based projects for Ralph Lauren, FreeCity and Denim+Supply.

In 2014 she relocated to Ashland, Oregon. Mara continued her work as an artist, and spent time volunteering for Hospice Unique Boutique, a nonprofit retail shop created by the Southern Oregon Friends of Hospice. In May of 2017 Mara’s first solo show, Dancing with Alchemy, opened at the CVA Galleries within Southern Oregon University. Shortly after, Mara relocated back to her hometown of Wausau, WI with her husband, in order to be closer to family and to continue focusing on her practice. She currently is the Education Director & Volunteer Coordinator at the Center for the Visual Arts.



Amending the proposal/plan submitted by Urban Street Bistro and the sale of property for the redevelopment of the former Westside Battery and L&S Printing properties at 401 and 415 South First Ave.


Fiscal Impact: +$246,895



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Included in Budget: Yes No Budget Source: One-time Costs: Yes No Recurring Costs: Yes No Amount:

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Fee Financed: Yes No Amount: Grant Financed: Yes No Amount: Debt Financed: Yes No Amount Annual Retirement TID Financed: Yes No Amount:

TID Source: Increment Revenue Debt Funds on Hand Interfund Loan

WHEREAS, the City previously acquired both the L&S Printing and Westside Battery properties to facilitate their redevelopment into a use more appropriate for the continued redevelopment of the east and west riverfront areas; and WHEREAS, the City released a Request for Proposal (RFP) on February 2, 2017 and the Common Council approved a Joint Resolution of the Economic Development and Finance Committees on March 28, 2017 to select the proposal received from Urban Street Bistro- an existing food truck based business- which proposes a full service bar and restaurant facility; and WHEREAS, Urban Street Bistro has continued their facility redevelopment planning over the past year and the proposed project continues to meet and exceeds the evaluation criteria presented in the RFP and use is appropriate for the Near Westside Master Plan including offering a reasonable purchase price, a use that complements the west riverfront, increases taxable value and includes a high quality design; and WHEREAS, because the property real estate transfer did not occur in 2017 or 2018 as planned because of the longer than expected facility planning process, the proposer is willing to increase the purchase price to include a payment in-lieu of taxes for those years based on previous assessments.

NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Wausau finds that the proposal is consistent with the objectives of Tax Increment District Number Eight which include: a. Eliminate blight and foster urban renewal through public and private investment. b. Enhance the development potential of private property within and adjacent to the District. c. Facilitate the relocation of land uses along the river that are no longer compatible to the economic restructuring of the River Edge Corridor. d. Further the objectives of the River Edge Trail Plan, Wausau MPO Bicycle and Pedestrian Plan and the Near West Side Master Plan. e. Improve the Housing Stock. f. Promote retention, expansion, and attraction through the development of an improved area, thereby facilitating the creation of new jobs and increased tax base. g. Increase per capita income in the community. h. Strengthen the economic well-being and economic diversity of the Central Business District. i. Improve infrastructure such as streets, parking facilities and streetscape that supports commercial district. j. Provide appropriate financial incentives to encourage business expansion. k. Reduce the financial risk to the taxpayer by timing the implementation of the Project Plan with the creation of additional property value through business expansions. l. Maximize the districts strategic location within the Central Business District and proximity to the Interstate Corridor. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Common Council of the City of Wausau hereby re-approves the Urban Street Bistro proposal for the redevelopment of the properties, instructs the appropriate City staff to sign a development agreement in substantial conformance with the proposal, and complete the sale of the property for $246,895. Approved: Robert B. Mielke, Mayor

ECONOMIC DEVELOPMENT COMMITTEE Date and Time: Tuesday, May 7, 2019 at 5:15 p.m., Council Chambers ED Members Present: Neal, Gisselman, Peckham, Rasmussen and Martens Others Present: Schock, Jacobson, Groat, Lenz and Marquardt In accordance with Chapter 19, Wisc. Statutes, notice of this meeting was posted and sent to the Daily Herald in the proper manner. The Economic Development Committee meeting was called to order by Neal at 5:15 p.m. Discussion and Possible Action on the Amended terms and Plan for the Sale of the Properties at 401 and 415 South First Avenue Schock articulated that staff has been working with Clint from Urban Bistro and that hopes are to finalize in the coming weeks. A resolution was included to update the price to include the 2018 taxes. Clint Schultz reassured that they are moving forward and working with Abby Bank. Schultz furthered that they have decided to proceed in a more phased approached. The current project will forgo the brewery and large addition for now with the focus being placed on the interior, patio and parking lot, as well as, redoing the roof. This potential phased approach also allows for local financing options. Closed session was not required. Motion by Rasmussen to approve the amended terms as summarized in the resolution, second by Martens. Motion passed 5-0.


RESOLUTION OF THE FINANCE COMMITTEE

Approving Agreement for Purchase and Sale of Real Estate – Partial Acquisition With Option For Full Acquisition at 224 East Thomas Street

Committee Action: Approved 5-0 Fiscal Impact: $6,600 – Partial Acquisition

$71,000 – Full Acquisition ($6,600 to be deducted for balance of $64,400) File Number:



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Included in Budget: Yes No Budget Source: TID #6 One-time Costs: Yes No Amount: Recurring Costs: Yes No Amount:

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RESOLUTION

WHEREAS, Thomas Street from 4th Avenue to the Wisconsin River Bridge is proposed to be reconstructed in 2019; and

WHEREAS, in preparation for the reconstruction project, the City must acquire the necessary real

estate to construct the street in accordance with the conceptual design approved; and WHEREAS, in order to acquire the necessary property for the approved road design, the City hired

MSA Professional Services to administer the real estate acquisitions needed for the reconstruction project; and

WHEREAS, MSA Professional Services completed an appraisal of 224 East Thomas Street and on

July 10, 2018, your Finance Committee approved the appraisal and directed staff to make an offer to the property owner; and

WHEREAS, an Agreement for Purchase and Sale of Real Estate was offered to the property owner

which included a fee acquisition of land, paved surfaces, landscaping and a temporary limited easement in the amount of $6,600, and an option for full acquisition for the appraised value of $71,000 with the partial

FINANCE COMMITTEE Date and Time: Tuesday, April 23, 2019 @ 5:15 pm., Council Chambers Members Present: Rasmussen, Smith, Martens, Kellbach, and Nutting (entered late) Others Present: Groat, Jacobson, Kujawa, Lindman, Wesolowski, Goede, Stratz, Mohelnitzky, Polley, Neal, Herbst, Glenn Speich & Damon Phalin - MSA CLOSED SESSION pursuant to 19.85(1)(e) of the Wisconsin Statutes for deliberating or negotiating the purchase of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session - on an Agreement for Purchase at 224 East Thomas Street Motion by Nutting, second by Smith to convene in Closed Session. Roll Call Vote: Ayes: Nutting, Martens, Kellbach, Smith, and Rasmussen. Noes: 0. Motion carried unanimously. RECONVENED into Open Session to take action on Closed Session items and remaining agenda items. Action on Agreement for Purchase at 224 East Thomas Street Motion by Martens, second by Nutting to approve the offer for a TLE of $6,600, retaining the option for the owner to secure an additional $64,400 if the relocation option is exercised by June 1, 2019. Motion carried 5-0.

acquisition payment of $6,600 to be deducted leaving a balance of $64,400 for full acquisition; and WHEREAS, on April 23, 2019 your Finance Committee recommended approving the Agreement

for Purchase of partial acquisition with the option for full acquisition; and WHEREAS, the property owner has accepted the offer and retains the right to accept the relocation

offer by June 1, 2019 with closing to be by August 1, 2019; now therefore BE IT RESOLVED by the Common Council of the City of Wausau that the proper City officials are

hereby authorized and directed to execute the documents necessary to acquire the property interests described herein for the property at 224 East Thomas Street.

Approved:



RESOLUTION OF THE FINANCE COMMITTEE Approving the 2019 Community Development Block Grant Program Allocation

Committee Action: Approved 5-0 Fiscal Impact: Award of $597,790 in Community Development Block Grant Funds to the City of Wausau File Number:



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RESOLUTION WHEREAS the City is beginning its final year of its 5-Year Consolidated Plan, and WHEREAS the Citizens Advisory Committee for Community Development held three public hearings, one working sessions and has prepared a proposed Block Grant program funding recommendation to the Finance Committee in which the Finance Committee has approved said plan, and BE IT RESOLVED, by the Common Council of the City of Wausau that the proposed 2019 Action Plan in the amount of $597,790 for the Community Development Block Grant (CDBG) Program be and the same is hereby approved and its filing with the appropriate agency is hereby authorized, and that the Common Council acknowledges all understandings, assurances and certifications contained in said 2019 Action Plan, and BE IT FURTHER RESOLVED, that the Mayor is designated as the authorized representative of the City to act in connection with said plan, to provide any and all additional information or program reports as may be required, and that the Mayor is hereby authorized to execute any documents which are necessary for the implementation of the 2019 Community Development Block Grant Program. Approved: Robert B. Mielke, Mayor

Activity Code Applicant/Agency RequestedInitial Cit. Adv. Recommended

Final Cit. Adv. Recommended

Final Cit Adv. Recommend

A - 570.206 CD Administration 116,000$ 116,000$ $ 116,000

ED - 570.203 (b) Economic Development 100,000$ 75,000$ 75,000$

H - 570.202 Homeowner Rehabilitation 75,000$ 65,000$ 65,000$

PF - 570.201 (c) Street Reconstruction Project 150,000$ 125,000$ 134,790$

PF - 570.201 (c) Parks Dept - Oak Island Playground 150,000$ 138,000$ 138,000$

PS - 570.201 (e) KATS - Home for Runaway Teens 50,000$ $0.00 -$

PS - 570.201 (e) Adaptive Communities, Inc 15,000$ 15,000$ 15,000$

PS - 570.201 (e) Big Brothers Big Sisters 12,000$ $0.00 -$

PS - 570.201 (e) Cath. Charitites - Beyond Shelter 10,000$ 10,000$ 10,000$

PS - 570.201 (e) Hmong American Center 25,000$ 15,000$ 19,000$

PS - 570.201 (e) Open Door - Family Support 20,000$ 10,000$ 14,000$

PS - 570.201 (e) Salvation Army - Street Outreach Program 17,000$ $0 -$

PS - 570.201 (e) WI Institute for Public Policy - LENA 10,670$ 11,000$ 11,000$

PS - 570.201 (e) YWCA - No School Day Campus 14,000$ $0 -$ -

Total 764,670$ 580,000$ 597,790$ -$ 597,790$

Note: Public Service funding cannot exceed 15% of grant amount 89,669$

P.S. - Public Service Cap 15% Left to Fund -$ Administration Cap 20% PS Left to Fund 28,669$

Code Definitions:A Administration/PlanningC ClearanceED Economic DevelopmentH HousingPF Public FacilityPS Public ServiceSB Slum & Blight

2019 CDBG Program

Planning, Community and Economic Development

Wausau City Hall 715.261.6680

407 Grant Street www.wausaudevelopment.com 715.261‐6808 FAX

Wausau, WI 54403‐4783

MEMO

TO: Common Council FROM: Tammy Stratz, Community Development DATE: April 25, 2019 RE: 2019 Community Development Block Grant Program The Citizen’s Advisory Committee for Community Development held three public hearings to receive comments on community needs, public performance and the proposed 2019 Community Development Block Grant (CDBG) program funds. On Thursday, November 1, 2018, the Committee held its working session meeting to develop a proposed statement of objectives and use of projected funds for the 2019 Block Grant program. On April 12, 2019 the City of Wausau received notification as to what the actual allocation amount will be. Since the actual allocation was less than 10% of our anticipated planning amount, the Citizens’ Advisory Committee was asked for any additional comments of which staff made the final decision as to where the additional $17,790 allocation would go. Enclosed is the breakdown sheet of the proposed use of 2019 funds as recommended by both the Citizen’s Advisory Committee and the Finance Committee. If you would like a binder with the complete applications, please let me know and we will get you one right away. As you evaluate the recommendations and funding requests, there are a number of items to consider. This year we had funding requests totaling $764,670. The City of Wausau’s 2019 Block Grant allocation will be $597,790. When reviewing the attached proposed program, please remember that public service activities cannot be funded for more than 15% of the $597,790 – or a maximum of $89,669. The recommended allocation of $69,000 equals 11.5% The primary purpose of the Housing and Community Development Act is to develop a viable community by providing decent housing and suitable living environments, expanding economic opportunities primarily for low and moderate income persons, and provide a safe community. All activities must have been rated as a high priority in our 5-year Consolidated Plan in order to be considered for funding. All activities the Community Development Citizens Advisory Committee has recommended meet these criteria. In addition, each activity carried out with CDBG funds must meet one of the three broad national objectives: Benefit low and moderate income persons

Aid in the prevention or elimination of slum and blight

Meet other community development needs having a particular urgency because existing conditions pose a serious or immediate threat to health.

The City of Wausau’s 2019 Final Action Plan for spending the Community Development Block Grant funds has been completed and can be found on our website at:

http://www.ci.wausau.wi.us/Portals/0/Departments/ComDev/Documents/2019_Final_Action_Plan_narrative.pdf If you have any questions regarding the process, the proposals or funding recommendations, please call me at 261-6682. Thank you for your input and your continued support of this program.


Discussion and possible action on approving the 2019 Community Development Block Grant Allocation Smith commented the Salvation Army was not receiving funds, but he LENA program was and asked for clarification on what the LENA program accomplishes. Tammy Stratz, Community Development, explained the LENA program is a monitor that is fitted in the bib of a child, typically from the age of 8 months up to 2 years old, to monitor how they are spoken to. It shows whether the parents are reading to the child, baby-talking to the child, or just setting them in front of a TV. The program is intended to educate parents on how to converse with their children and encourage strategies for speech development and learning. It shows parents what they are doing right or what they may be doing wrong. Smith questioned why the Salvation Army could not receive at least partial funding. Stratz noted the Advisory Committee has taken a stance that they don’t want the same organizations coming back year after year for funding for the same program. Salvation Army is a good organization, but has received funds for several years and the committee would like to use the CDBG funds to promote new programs and get them going. She commented she believed the LENA program was a great program to start helping kids at a young age so that they succeed later on. She indicated LENA will go into the Head Start School whose students are from lower income households. Nutting suggested the results of the program be brought back to the Council. Motion by Smith, second by Kellbach to approve the 2019 CDBG allocation. Motion carried 5-0.


RESOLUTION OF THE FINANCE COMMITTEE Approving Reprogramming of Community Development Block Grant funds, Homeowner Rehabilitation Activity into Street Reconstruction Activity.




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RESOLUTION WHEREAS it is necessary to reprogram funds from the Community Development Block Grant Homeowner Rehabilitation Activity’s revolving loan fund into a Street Reconstruction Activity in order to expend funds in a timely manner according to the Federal Department of Housing and Urban Development guidelines, and WHEREAS the Citizen’s Advisory Committee for Community Development held a public hearing on December 19, 2018 to receive public comments on said reprogramming of the revolving loan fund and recommends to the Finance Committee that said funds be reprogrammed; and now therefore BE IT RESOLVED, the Common Council of the City of Wausau hereby approves the reprogramming of $125,000 from the Homeowner Rehabilitation Activity’s revolving loan fund into a Street Reconstruction Activity to assist with the reconstruction of N. 1st Street from Short Street north to the dead end including the first block of DeKalb Street, and BE IT FURTHER RESOLVED, that the proper city officials and staff are hereby authorized and directed to execute any and or all documents or agreements which are necessary to accomplish the reprogramming of funds. Approved: _____________________________ Robert B. Mielke

Planning, Community and Economic Development

Wausau City Hall 715.261.6680

407 Grant Street www.wausaudevelopment.com 715.261‐6808 FAX

Wausau, WI 54403‐4783

MEMO TO: Common Council members FROM: Tammy Stratz, Community Development DATE: May 8, 2019 RE: Reprogramming Community Development Block Grant Funds

The past few years, the City of Wausau had utilized Community Development Block Grant (CDBG) funds to assist with

sidewalk replacement projects throughout income qualifying neighborhoods. After the preliminary planning for the 2019

funding to again go towards sidewalks, HUD made a determination that “spot” sidewalk replacement projects were no

longer eligible under CDBG regulations. Therefore, staff had to relook at potential public facility type projects that could

benefit income qualifying neighborhoods with the use of these funds.

The project that was determined to be in most need was the reconstruction of 1st Street from Short Street north to the

dead end. This street has seen deteriorating over the years to the extent that most of the curb and gutter is gone and the

blacktop has been patched to the extent there isn’t much left of the original street. In contrast, this area has also seen a

lot of development – the reconstruction of Trolley Quarter Flats and the most recent of Atrium Lofts – both Low Income

Housing Tax Credit projects. With other projects happening in this area, a street reconstruction project would show the

support of the City for this upcoming neighborhood.

Since the potential project came after the required notification and public hearings timeframe by the Engineering

Department for notifying property owners of possible upcoming assessments associated with the project, it was

determined that CDBG funds could fund the street reconstruction project with Wausau Water Works agreeing to pay for

the upgrade to the utilities, creating no assessments to the property owners. The potential cost is anticipated to be

approximately $250,000 ‐ $270,000. With the request of receiving between $125,000 ‐ $150,000 in new CDBG funding, it

is necessary to reprogram additional funds to make the project work. The Homeowner Rehabilitation Loan Program

revolving loan fund currently has $151,480 of uncommitted funds. Reprogramming $125,000 would not be a burden to

this loan fund since we need to show HUD that we are utilizing these funds quickly. In 2017, the City received over

$180,000 in loan repayments and over $240,000 in 2018. Over $28,000 has been received in the first quarter of 2019.

We continue to utilize the remaining funds to assist with our Homeowner Rehabilitation Projects but those have been

going slowly due to the difficulty of obtaining bids from contractors. Therefore, programming these funds will not hinder

the Rehabilitation Program but will assist the City to meet its federally required timeliness factor.

Therefore, staff recommends the reprogramming of the $125,000 from the Homeowner Rehabilitation Loan Program into

the Street Reconstruction Program to assist with the reconstruction of North First Street.

If you have any questions, please feel free to call me at 715‐261‐6682 or e‐mail me at [email protected].

Thank you.


Discussion and possible action on approving reprogramming of Community Development Block Grant revolving loan funds, Homeowner Rehabilitation Activity into Street Reconstruction Activity Stratz stated the last couple years we used block grant funds to do sidewalk replacement and had intended to do the same for 2019, however, we learned that HUD is no longer allowing sidewalk replacement as a spot project. She explained through discussion on where to put our 2019 CDBG funds in a public service facility project, we looked at streets in income qualifying neighborhoods. She stated they are proposing reconstruction of 1st Street in front of Trolley Quarter Flats and the new Atrium Lofts, which is in horrible condition. She indicated due to time constraints we were unable to put it out for public notification for assessments so we would have to fund the project in full. She noted we have the $125,000 in the Revolving Loan Fund which we have to use or lose. Smith pointed out most of the property on the west side of that street is owned by the owners of Trolley Quarter Flats and Atrium Lofts. He questioned why the property owners on this street won’t get assessed when other property owners did, for example, recently on the Elm Street reconstruction. Stratz explained we typically don’t receive the funds from HUD until August, which at that time of the year it is very difficult to get a large project such as Elm Street bid out and done in time. She commented we struggle with where we can spend the money in a timely fashion. Although normally we buy down the assessments so the homeowner pays a lesser amount than other areas of the city, because of the timeframe we can’t get the proper notification for assessments to the property owners. Nutting questioned how many blocks this project included. Stratz stated it would be about three or four blocks from Short Street north to dead end on Bridge Street which includes 83 households. Motion by Martens, second by Nutting to approve reprogramming of Community Development Block Grant revolving loan funds, Homeowner Rehabilitation Activity into Street Reconstruction Activity. Motion carried 5-0.



Approving the 2019 budget modification for the Roof Replacement Project Public Works Garage and Salt Barn Committee Action: Approved 5-0

Fiscal Impact: $310,000 File Number:



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Included in Budget: Yes No Budget Source: 2018 Budget Savings One-time Costs: Yes No Amount: Recurring Costs: Yes No Amount:

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WHEREAS, the Public Works garage and salt barn roof replacement were unfunded in the 2017, 2018 and 2019 CIP budget process due to funding limitations and prioritization results; and WHEREAS, our insurance carrier has expressed concern that existing roof leaks pose a safety risk and recommend replacement of the Public Works garage roof in 2019; and WHEREAS, the salt barn protects our street salt supply valued up to $400,000; and WHEREAS, the City may experience contract savings by bundling the projects together; and WHEREAS, during Capital Improvement funding deliberations Council members expressed concern regarding the limited progress in funding capital needs; and WHEREAS, the General Fund 2018 financial surplus is available to fund this project; and WHEREAS, your Finance Committee has reviewed and recommends the following 2019 budget modification: Increase: 150-2375984530 Public Work Facility Improvements $310,000 Increase 150-237589210 Transfer From the General Fund $310,000 Increase 110-25099240 Transfer to Capital Projects $310,000 Decrease 110-33429 General Fund Undesignated FundBalance $310,000

NOW, THEREFORE, BE IT RESOLVED, that the proper city officials modify the budget as presented above and publish the budget modification in the official city newspaper. Approved: Robert B Mielke, Mayor

FINANCE COMMITTEE Date and Time: Tuesday, April 23, 2019 @ 5:15 pm., Council Chambers Members Present: Rasmussen, Smith, Martens, Kellbach, and Nutting (entered late) Others Present: Groat, Jacobson, Kujawa, Lindman, Wesolowski, Goede, Stratz, Mohelnitzky, Polley, Neal, Herbst, Glenn Speich & Damon Phalin - MSA Discussion and possible action regarding budget modification to fund roof replacement public works facility and salt barn Rasmussen stated in the CIP we have been ranking two roofs at the Department of Public Works, the salt storage shed and the DPW shop and office building. They did not score high and did not get funded in the 2019 budget; however, since then we have received a firm recommendation from the city’s insurance carrier that roof at DPW on the shop and office needs to be addressed. There are leaks presenting a slip/fall hazard and the loss controller has requested from the City Attorney a firm plan of when and how we will remediate that roof Groat proposed transferring the funds from the profit of 2018 to the Capital Projects Fund to finance these improvements. If approved, DPW will work on getting bids out and have both roofs replaced this season. Lindman stated both roofs need replacing, which is an expensive project, but we are at the point right now that we can’t stretch the membrane anymore as it continues to leak as well as new leaks being exposed. He noted we store a half million dollars in salt in the salt shed each year, if the roof starts leaking and the salt gets wet we take a loss. He stated we can no longer keep up with the patching. Motion by Kellbach, second by Nutting to approve the budget modification to fund roof replacement of the public works facility and salt barn. Motion carried 5-0.

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Eric Lindman

From: Toni VanderboomSent: Wednesday, April 10, 2019 9:29 AMTo: Eric LindmanSubject: FW: Roof Leak Concerns at the PW GarageAttachments: image011.emz; image014.emz; image017.emz; image019.emz

Importance: High

Good morning Eric, I received the email below from CVMIC today. Do you currently have a plan of attack for this issue? Thanks, Toni Toni Vanderboom Director of Human Resources 407 Grant Street Wausau, WI 715‐261‐6634 [email protected]

From: Ben Rank [mailto:[email protected]] Sent: Wednesday, April 10, 2019 9:20 AM To: Mark Hanson <[email protected]> Cc: Anne Jacobson <[email protected]>; Anne Keenan <[email protected]>; Toni Vanderboom <[email protected]> Subject: Roof Leak Concerns at the PW Garage Importance: High Good Morning‐ During the excavation training yesterday (4/9) Mark Hanson approached me and expressed some safety concerns regarding some ongoing and longstanding roof leaks at the public works garage. I snapped a few photos (below) but also wanted to provide my thoughts and concerns on the matter. First, the primary cause of workcomp loss for the past 5 years in the City of Wausau has been slips, trips, and falls. It was noted by Mr. Hanson that when the roof leaks water often pools at various locations throughout the facility. One location of particular concern was near an emergency exit and facility entry point. Mr. Hanson also pointed out at a few of the leaks do freeze in the winter making these a significant slip and fall hazard. In addition, an overhead crane, electrical conduit, and the welding/fabrication area (below) get saturated with water and varying times throughout the year. I believe over time the repeated contact with water could prematurely deteriorate these critical components and/or could lead to a failure. Equipment such as this is typically rated for “indoor environments” and is not rated to be in contact with water repeatedly. Mr. Hanson also reported a concern that employees are frequently using these areas and equipment and that an electrical shock hazard is possible as the equipment becomes wet.

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Lastly, Mr. Hanson pointed out an area of the shop that gets wet frequently impacting the function of their radio and PA system. The water reportedly has caused this system to malfunction periodically. I understand that the roofs expected life has probably passed and that numerous attempts have been already made to patch certain areas of the roof. I’m requesting that the leaks please be evaluated and that an action plan for dealing with them long term is developed and proposed by City staff so as to avoid and limit any future potential for property or casualty losses associated with the facility. Your consideration and input into this matter is greatly appreciated.

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Location of emergency exit area impacted by roof leak

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Ben Rank, OHST, ARM

Loss Control Team Lead

tel: (414) 831-6006

office: (262) 784-5666

(ext 206)

email: [email protected]

web: cvmic.com

fax: (262) 784-5599

Sign‐up to Receive the CVMIC Connection Newsletter.

This communication along with any attachments is intended only for the use of the individual or entity to which it was addressed. It may contain

information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or

the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or

copying of this communication is strictly prohibited. If you received this communication in error, please notify the original sender immediately by

telephone or return e-mail and delete this message along with any attachments from your computer and destroy any printed copies. Thank you.

ceerl1

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RESOLUTION OF THE HUMAN RESOURCES COMMITTEE Amending the Employee Handbook Language in Section 8.01 – General Provisions

Committee Action:

Approved 5-0

Fiscal Impact:

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RESOLUTION WHEREAS, the City of Wausau Employee Handbook is intended to provide City of Wausau employees with convenient access to the operating policies and practices of the City; and, WHEREAS, the City of Wausau is dedicated to maintaining up-to-date and accurate policies and procedures; and WHEREAS, your Human Resources Committee has reviewed and recommends approval of the amended language to the Employee Handbook to clarify the City’s policies; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Wausau that the Employee Handbook Section 8.01 be amended upon action of this Council, as specified above and in supporting documents to include pension and insurance contribution amounts in addition to the previously approved amendment adding personal holidays, perfect attendance leave, post-employment health plan, and newly hired non-represented sworn public safety personnel. Approved: Robert B. Mielke, Mayor

DRAFT


DATE/TIME: April 8, 2019 at 4:30 p.m. LOCATION: City Hall (407 Grant Street) – Council Chambers MEMBERS PRESENT: Becky McElhaney (C), Gary Gisselman, Dawn Herbst, Michael Martens, Tom Neal MEMBERS ABSENT: Also Present: Mayor Mielke, T. Vanderboom, A. Jacobson, B. Bliven, Judge Sauer Discussion and Possible Action on the Employee Handbook Language in Section 8.01 – General Provisions. Vanderboom said this was carried over from the last meeting, as Chief Bliven asked if compensatory time, health insurance benefit contributions, and employee contributions to the Wisconsin Retirement System could be added to the language. Vanderboom said that at this time union and non-union employees make the same benefit and WRS contributions, and she has no knowledge that the City or State intend to make any changes. Vanderboom explained that Section 5.06 of the Employee Handbook discusses compensatory time for Fire Battalion Chiefs and Police Lieutenants, and based upon her review she would not recommend changes until such time if any different contribution levels are known. Bliven said that the supervisory staff is not specified in the Employee Handbook or contract for health and dental insurance benefit contributions or WRS contributions and feels that it is reasonable to ask for these items to be specified. Motion by Neal to add compensatory time, health insurance benefit contributions, and employee contributions to the Wisconsin Retirement System to the language in Section 8.01 of the Employee Handbook. Gisselman asked for clarification. Vanderboom explained that the request from the Chief is for protected service supervisory staff to follow the contract for added items if there are any changes to contributions in the future. Neal asked why the committee should wait on this item. Vanderboom said that if any changes occur in the future the City would be able to make their decision based on the actual factors in the future environment. McElhaney asked why these three items are not mirrored between the handbook and contract. Vanderboom said that the language in the handbook has slowly grown over time and that this would represent an additional expansion. McElhaney asked if Vanderboom knew of contribution rates being different in the past; Vanderboom said she was not aware of any differences but that she would have to look back to be certain. Neal asked for Bliven to speak again on this issue for clarification. Bliven said that the supervisory staff follows the handbook and that the contract for union employees is usually more beneficial, and that he feels the supervisory staff should have the same benefits as the union employees. Second by Herbst. All ayes. Motion passes 5-0.


Agenda Item

Discussion and Possible Action on Employee Handbook Language in Section 8.01 – General Provisions

Background

At the March Human Resources Committee meeting, Chief Bliven asked the Committee to consider expanding Section 8.01 of the Employee Handbook to include compensatory time, health insurance benefit contributions, and employee contributions into the Wisconsin Retirement system. At this time, union and non‐union employees make the same health, dental, and supplementary insurance contributions and Wisconsin employee retirement contributions and there is no indication that the City intends to establish different contribution rates according to employee classification. Section 5.06 of the Employee Handbook currently grants compensatory time to Fire Battalion Chiefs and Police Lieutenants. Battalion Chiefs are able to bank up to 400 hours of compensatory time, and Lieutenants are able to bank this time according to the union contract.

Fiscal Impact

Undetermined


The current language properly protects the benefit. I do not recommend locking in the same contribution rates at this time, but reserving that discussion should be need arise. As I am unaware of any intention to vary the contribution amounts, a change is currently unnecessary.



RESOLUTION OF THE HUMAN RESOURCES COMMITTEE Amending the Employee Handbook Language in Section 3.04-Nepotism, Employment of Relatives.

Committee Action:

Approved 4-1

Fiscal Impact:

None

File Number:



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RESOLUTION WHEREAS, the City of Wausau Employee Handbook is intended to provide City of Wausau employees with convenient access to the operating policies and practices of the City; and, WHEREAS, the City of Wausau is dedicated to maintaining up-to-date and accurate policies and procedures; and WHEREAS, the Wausau Police and Fire Commission requested that the City review the definitions of reporting responsibility and close relatives within this policy; and, WHEREAS, the Human Resources Department conducted extensive research on best practices for nepotism policies; and, WHEREAS, an independent legal opinion was secured regarding a revision of the policy language; and, WHEREAS, your Human Resources Committee reviewed and recommends the revision of the policy according as recommended by the independent legal opinion, attached; and, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Wausau that the Employee Handbook Section 3.04 be amended upon action of this Council, as specified above and in supporting documents.

Approved: Robert B. Mielke, Mayor

DRAFT


DATE/TIME: April 8, 2019 at 4:30 p.m. LOCATION: City Hall (407 Grant Street) – Council Chambers MEMBERS PRESENT: Becky McElhaney (C), Gary Gisselman, Dawn Herbst, Michael Martens, Tom Neal MEMBERS ABSENT: Also Present: Mayor Mielke, T. Vanderboom, A. Jacobson, B. Bliven, Judge Sauer Discussion and Possible Action on Approving Amendments to Employee Handbook Section 3.04 – Nepotism, Employment of Relatives. Vanderboom explained that the City of Wausau received a request from the City of Wausau Police and Fire Commission to review the City of Wausau’s nepotism policy, specifically, defining relatives and reporting relationships. Vanderboom reviewed the current policy with the committee and provided reasons that nepotism policies are put into place. The City of Wausau currently has 16 employees who are related, three of which are distant relations not impacted by the policy, and the remaining 13 are compliant due to not being in a reporting relationship. Vanderboom clarified that the City prohibits relatives from being in a reporting relationship or in a chain of command. Because of the high number of relatives employed, Vanderboom said that she does not feel that the currently policy is unduly restrictive to hiring of relatives, and only one person that she knows of has been eliminated from consideration for a position due to the policy. Human Resources recently revisited the policy and contacted 27 municipalities in WI requesting their nepotism policies; 14 responses were received and indicated that Wausau is in line with other municipalities. Vanderboom surveyed state-wide regulations which were less helpful in the research due to Wisconsin not having any statutory language governing nepotism. Human Resources also contacted CVMIC and Attorney Mary Hubacher from Buelow Vetter who assisted with the last major revision Employee Handbook in 2017, and both indicated that the current language of the City of Wausau’s nepotism policy follows best practice. Hubacher did provide a written recommendation that included some additional clarification language. The current policy is based on a CVMIC model policy. Vanderboom recommends updating the City’s nepotism policy with the revisions suggested by Hubacher (draft in packet). Motion by Gisselman to approve the amendments as presented in the packet. Neal said he feels the policy is too restrictive for Wausau and that reporting relationships could be handled on a case by case basis. Neal suggested tabling the item so that a more thorough discussion could be had with the mayor and department heads. Mayor Mielke said that he can see both sides of this issue and agrees with Neal that it could be on a case by case basis, but does not want the issue tabled and asked the committee to proceed with the item. Gisselman said that because Wausau is small he feels that the policy is important and that the City needs to be above any conflict of interest or favoritism, and agrees with the revisions presented to the policy. Neal indicated that he feels traditional relationships are being targeted in a world that is becoming less traditional. Vanderboom said the policy also includes dating relationships. Neal said the City should do what it feels is best, and wants to table to get more input from department heads. McElhaney asked Neal what information he needed in order to move forward. Neal said that he would like a legal opinion and input from the administration. Vanderboom stated that a legal opinion was included in the packet; Neal said he would like a legal opinion for the various imaginable exceptions that are not listed in the policy. Bliven spoke to the committee, explaining that the reason the policy was brought to the committee was due to his brother in-law applying at the Wausau Police Department and being eliminated from consideration. Bliven went on to explain his feelings about the policy and effect on the department. He ended by asking the committee to remove the in-law portion and cousin portion of the recommended policy. Neal spoke again in

favor of tabling the item so that more review and discussion can take place. Jacobson asked that Neal indicate the length of the table period for the record. Neal said he would like a 90 day review period. Gisselman said he feels the issue in Bliven’s case is chain of command. Bliven said that one married couple is a lieutenant and a police officer, and they work different shifts and do not have a reporting relationship, but that the department may have to deal with reporting relationships in the future is any of the related employees promote into certain positions. Gisselman said that is why the City has rules to manage such things dealing with chain of command, and that it protects the departments and City. Gisselman said that he still agrees with the recommendation presented by Human Resources. Neal spoke again against the nepotism policy and to table the item. Mielke asked that Neal limit the table to 30 days. Martins asked what motions were on the floor. McElhaney provided the motions to the committee. Herbst said that she feels the information has been presented well, that too much has been made out of the item, and that there is no need to table this item. Second by Herbst to approve the amendments to Employee Handbook 3.04 as presented in the packet. Motion passes 4-1 (Neal dissented).


Agenda Item

Discussion and Possible Action Approving Amendments to Employee Handbook 3.04 – Nepotism, Employment of Relatives.

Background

The City of Wausau’s Employee Handbook 3.04 contains established guidelines governing Nepotism, Employment of Relatives and Personal Relationships for the City of Wausau. Upon review, the Employee Handbook has contained the following language against nepotism since at least 2013. The policy states in part:

The City of Wausau wants to ensure that its personnel practices including employee hiring, promotion and transfer do not create the potential for conflict of interest or favoritism. Close relatives, partners, those in a dating relationship or members of the same household are not permitted to be in positions that have a reporting responsibility to each other. Close relatives are defined as spouse, domestic partner, parents (in‐law), grandparents, children (in‐law), uncle, aunt, nephew, niece, siblings (in‐law), step relatives, cousins and domestic partner relatives.

The Human Resources Department recently became aware that the Police Department has a contradictory policy on nepotism and employment conflicts. After reviewing the appropriate Wisconsin State Statutes, and consulting with an outside attorney who specializes in employment law, it was determined that under the current structure of the Police and Fire Commission, the Mayor as the chief executive office of the City serves as head of the Police and Fire Departments. As such, the mayor is responsible for insuring that employees of the departments discharge their duties, including adherence to duly adopted City policies. In other words, the City has authority over this type of policy (even over the Police and Fire departments.) The Police and Fire Commission requested that the City review the current language, specifically regarding the definition of relative and reporting relationship.

At the request of Commissioner Strasser, the Human Resources department conducted a review of other Police and Fire Commissions’ nepotism policies. I reviewed the online presence of forty‐two (42) Police and Fire Commissions within the state of Wisconsin. Of those Commissions, 10 had posted electronic versions of either rules and regulations, or some manner of procedural manual. In keeping with the outside opinion received from Buelow Vetter, I was able to find no mention of any nepotism or conflict of interest guidelines established by a Police and Fire Commission intended to govern the actions of the Police or Fire Departments. A few Police and Fire Commissions established conflict of interest regulations to govern the actions of the Commissioners (i.e. how to proceed if a Commissioner has a familial relationship to a complainant or to a member of the Police or Fire Department). Human Resources staff also contacted 27 municipalities within the state and requested information on their nepotism or conflict of interest policies. Specific attention was paid to the inclusion of affinity relationships (in‐laws) especially sibling‐in‐law, indirect reporting relationships, and cousins. 15 municipalities responded:

All respondents include affinity relations within their nepotism policies. A vast majority (12 of the 15 respondents, or 80%) include brother‐ and sister‐in‐law as a family member under the nepotism policy.

Two municipalities include cousin as a restricted relation.

Two municipalities specifically prohibit a Department head from having a relation employed anywhere within their respective Department.

Also, three municipalities prohibited some Departments (HR, Finance, Treasurer, City Attorney, Mayor/City Manager, and elected officials) from having any employee with a relation employed anywhere within the municipality.


Finally, I surveyed state‐wide regulations governing conflict of interest and nepotism. The State of Wisconsin does not include any statutory language governing nepotism in the legislative branch. However, according to the National Conference of State Legislatures (and District Columbia):

31 states have some sort of statutory language governing nepotism.

42% (12 states and District of Columbia) of the states with applicable statutes explicitly include sibling‐in‐law as a family member. Only one state which mentions affinity relationships excluded sibling‐in‐law.

67% (12 states out of 18) which do not explicitly include sibling‐in‐law as a relative may actually do so, because these states do not provide enough specificity to determine who is meant by a family member.

Human Resources reached out to CVMIC for an opinion on the matter. CVMIC declined to provide a written recommendation, but staff from CVMIC did verbally support the policy remaining as written. The current handbook language utilized a CVMIC sample policy as its base. Human Resources also consulted with Attorney Mary Hubacher, who was instrumental in the last overall revision of the Employee Handbook. Attorney Hubacher reviewed the current policy, and provided the attached written recommendation of revisions.

Fiscal Impact

None.


Staff recommends the adoption of the recommended language from Attorney Mary Hubacher, from the law offices of Buelow Vetter. Over the last few months a number of suggestions have been advanced to Human Resources and the City Attorney which would diminish the City’s current restrictions against nepotism. Among those suggestions included removing sibling‐in‐law from the list of relatives, allowing nepotism so long as a direct reporting relationship does not occur, or allowing Departments to amend the reporting relationship to artificially shield an employee from the usual reporting relationship. I have dedicated weeks of work researching nepotism policies, and I cannot support any of the requested changes as best practice. Among the research are numerous media articles regarding perception of bias in government hiring because of nepotism. As evidenced by the research citied above, a number of government agencies establish nepotism not only according to consanguinity (blood) but also according to affinity (marriage). Amending the reporting relationship to allow the hiring of an employee grants the candidate preferential treatment, and since all Department heads are ultimately responsible for the actions within their departments, all employees have a reporting relationship with their Department head. A manager or supervisor in the chain of command can influence, or be perceived to influence, any number of employment actions. I believe that the revisions advanced by Attorney Hubacher are sound, but should not be exceeded.


3.04 – Nepotism, Employment of Relatives and Personal Relationships The City of Wausau wants to ensure that its personnel practices including employee hiring, promotion and transfer maintain an equitable working environment and do not create the potential for conflict of interest or favoritism. Close relatives, partners, those in a dating relationship or members of the same household are not permitted to be in positions that have a direct or indirect reporting responsibility to each other. Close relatives are defined as spouse, domestic partner, parents (in-laws), grandparents, children (in-laws), uncle, aunt, nephew, niece, siblings (in-law), step relatives, cousins and relatives of a domestic partner relatives. Direct reporting responsibility includes when a close relative is the employee’s immediate supervisor. Indirect reporting responsibility is when a close relative (1) supervises the immediate supervisor of a close relative and has the ability to influence the decisions of the immediate supervisor, or (2) serves as the ultimate supervisor in the chain of command and is responsible for auditing, controlling or reviewing the work of employees in the chain of command who supervise a close relative. If employees begin a dating relationship or become relatives, partners or members of the same household and if one party is in a supervisory position over the other, both employees are required to inform their management chain and Human Resources of the relationship. The manager and Human Resources will confer as to the best method to resolve the potential conflict. Management personnel are prohibited from having romantic or sexual relationships with subordinate employees in their supervisory chain. Possible violations should be reported to Human Resources. The City reserves the right to take appropriate action to maintain fairness in its personnel policies and practices when there is the potential for a conflict of interest because of the relationship between employees. Nothing in this policy shall be construed as discouraging the appointment of relatives for positions not designated by this policy as being in conflict. Except as restricted by this policy, each recommendation for appointment shall be based upon the best qualified applicant for the position to be filled. Nothing in this policy shall be construed to limit the opportunity for promotion of any person employed by the City.


ORDINANCE OF THE PLAN COMMISSION

Rezoning 1551 Westwood Drive from IB, Interchange Business District to B3, General Commercial District.

Committee Action: Approved 7-0 Fiscal Impact: None.


The Common Council of the City of Wausau do ordain as follows: Section 1. That the site of lands described as follows:

Section 22, Township 29, Range 7 East, Part of Southeast ¼, Northwest ¼, Lot 2, Certified Survey Map Volume 80, Page 114 (17052), Document #1687467, MORE COMMONLY KNOWN AS 1551 WESTWOOD DRIVE

now comprising a part of IB, Interchange Business District according to the Zoning Ordinance of the City of Wausau is hereby rezoned to B3, General Commercial District.

Section 2. This change in zoning shall be designated on the official city zoning map. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. This ordinance shall be in full force and effect from and after its date of publication. Adopted: Approved: Approved: Published: Attest: Robert B. Mielke, Mayor Attest: Toni Rayala, Clerk

PLAN COMMISSION Time and Date: The Plan Commission met on Tuesday, April 16, 2019, at 5:00 p.m. in the

Common Council Chambers of Wausau City Hall. Members Present: Mayor Robert Mielke, Eric Lindman, Gary Gisselman, Patrick Peckham, Bruce

Bohlken, Andrew Brueggeman, Ron Zahrt Others Present: Brad Lenz, William Hebert, Brad Sippel, Dave DeSantis, Melissa Engen,

Rodney Kleinstick, Nick Bancuk, Paul Buch, Deb Ryan, Larry Schindler, Victor Anderson, Jason Blenker

In compliance with Chapter 19, Wisconsin Statutes, notice of this meeting was posted and transmitted to the Wausau Daily Herald in the proper manner. Mayor Mielke called the meeting to order at approximately 5:00 p.m. noting that a quorum was present. PUBLIC HEARING: Discussion and possible action on rezoning 1551 Westwood Drive from IB,

Interchange Business District to B3, General Commercial District and approve a conditional use to

allow for a landscaping contractor office, shops and yards. Rodney Kleinstick, 1551 Westwood Drive, said that Landcrafters Landscaping takes pride in their work and the major problem is retaining employees. This will allow them to grow the business and retain employees by having a place to gather. Mayor Mielke closed the public hearing. Lenz said that this item is for a rezoning of the property and a conditional use. The current zoning district is IB and B3 zoning is requested. These districts occur frequently together and there is not much difference between them. Staff is comfortable with the zoning change. The zoning map shows a buffer between the residential and industrial uses. A conditional use is needed for the shops and yards. Staff recommends approval. Peckham said that he initially had a concern but felt better after seeing the maps. There will be some onsite sales so the owner will try harder to make sure that the site is attractive and the equipment is secured. Peckham motioned to rezone 1551 Westwood Drive from IB, Interchange Business District to B3, General Commercial District and approve a conditional use to allow for a landscaping contractor office, shops and yards. Brueggeman seconded, and the motion carried unanimously 7-0. This item will go to Common Council on May 14, 2019. *

STAFF REPORT

TO: City of Wausau Plan Commission FROM: Brad Lenz, City Planner DATE: April 10, 2019

GENERAL INFORMATION

APPLICANT: Rodney Kleinstick, Landcrafters Landscaping, LLC

LOCATION: 1551 Westwood Drive

EXISTING ZONING: IB, Interchange Business District

REQUESTED ZONING: B3, General Commercial District and Conditional Use Permit

PURPOSE: To allow for a landscape contracting business, including outdoor sales and storage. In the B3 district, contractor or construction shops and yards are allowed by conditional use.

EXISTING LAND USE: Vacant

SIZE OF PARCELS: 8.94 acres

SURROUNDING ZONING AND LAND USE:

North: IB; Vacant property South: UDD, Unified Development District; Multi-family

residential East: IB, and M2, General Industrial District; Distribution

warehouse and vacant property West: UDD; Multi-family residential

SUMMARY

The applicant is seeking a zoning map amendment and conditional use approval to allow for a full-service landscaping business, which would include salt storage, outdoor bulk material storage, outdoor retail spaces, shops, showrooms, and offices. Only the contractor shop and

outdoor yards would require conditional use approval – the remainder of the uses would be permitted in the B3 district under the following: Building materials and products sales; Contractor or construction offices; and Greenhouses and nurseries.

ANALYSIS

From Wausau Municipal Code 23.78.060 the plan commission must consider several criteria when deciding to approve or deny a request to amend the zoning map. The criteria for the plan commission to consider are as follows: (a) Existing use of property within the general area of the property in question and the effect the

proposed rezoning is likely to have on these land uses;

(b) The compatibility of the land uses which would be permitted by the zone change with the

existing or planned land uses within the general area of the property in question;

(c) The zoning classification of property within the general area of the property in question;

(d) The suitability of the property in question to the uses permitted under the existing zoning

classification;

(e) The trend of development, if any, in the general area of the property in question, including

changes, if any, which have taken place since the day the property in question was placed in

its present zoning classification;

(f) Whether the proposed zone change is generally consistent with the goals, objectives and

policies identified in the City of Wausau Comprehensive Plan;

(g) The nature and extent of the input received at the public hearing regarding the proposed

zone change;

(h) The precedence, if any, that approval of the requested zoning could have on similar requests

made elsewhere in the city; and

(i) If the property was recently annexed, the zoning classification of the property prior to

annexation. (Ord. 61-5356 ' 1, 2008, File No. 08-0207; Ord. 61-4585 '1, 1986; Ord. 61-4054

'6.9-6(part), 1967.)

(j) If the property was recently annexed, the zoning classification of the property prior to


'6.9-6(part), 1967.)

Wausau Municipal Code (23.78.070) also states that: The plan commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of the amendment is in the public interest and is not solely for the interest of the applicant. The conditional use permit also has a separate set of criteria to consider. From Wausau Municipal Code 23.72.060, no conditional use shall be recommended by the city plan commission unless the commission finds:

(a) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or

endanger the public health, safety, morals, comfort, or general welfare;

(b) That the conditional use will not be injurious to the use and enjoyment of other property in

the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property

values within the neighborhood;

(c) That the establishment of the conditional use will not impede the normal and orderly development and

improvement of the surrounding property for uses permitted in the district;

(d) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being

provided;

(e) That adequate measures have been or will be taken to provide ingress and egress so designed as to

minimize traffic congestion in the public streets; and

(f) That the conditional use shall, in all other respects, conform to the applicable regulations of the

district in which it is located, except as the regulations may, in each instance, be modified by the common

council pursuant to the recommendations of the city plan commission.

Staff comments: The subject property sits between multi-family residential property to the west and industrial property to the east. The proposed zoning change to B3, a commercial district, can be seen as a transitional zoning between industrial and residential. The general land use pattern taking shape in this area is commercial and industrial property on the east side of Westwood Drive and residential uses on the west side. The uses allowed in the proposed B3 district are similar in nature to the uses allowed in the current IB district. In other areas of the city, the IB is used somewhat interchangeably with B3 (and B2). IB is generally used on larger parcels since the lot size and setback requirements are greater. The IB, though, is also somewhat more restrictive in its permitted uses, being designed for “highway service facilities and related uses.” The subject parcel is not immediately adjacent to the highway or an interchange. The subject property is triangularly shaped, with wetlands on the northern and eastern boundaries. The wetlands provide a natural separation between this parcel and others east of Westwood Drive. The proposed uses are not expected to impact neighboring properties. As the site is currently being designed, outdoor storage will be effectively screened from Westwood Drive.

RECOMMENDING MOTION

To approve the zoning map amendment for 1551 Westwood Drive from IB to B3, and approve a conditional use permit to allow for contractor shops and yards.

2003 COUNTY RD U

1410 - 1490 WESTWOOD DR

1500 - 1580 WESTWOOD DR

1551 WESTWOOD DR

1421 WESTWOOD DR

1551

1410 - 1490

1500 - 1580

WESTWOOD DR

WESTWOOD DR

IB

UDD

M2

M2

IB

M2IB IB

Map Location

/citybase/projects/planning/mxds/rezone.mxd

Marathon County Wisconsin

0 15075

Feet

µCity of Wausau

Area of Interest

Building

Map Date: April 2, 2019


RESOLUTION OF THE PLAN COMMISSION

Approving a conditional use at 1551 Westwood Drive to allow for a landscaping contractor office, shops and yards, in a B3, General Commercial District. Committee Action:

Approved 7-0

Fiscal Impact:

None.


WHEREAS, on April 19, 2019, the Plan Commission held a public hearing to consider a request from Landcrafters Landscaping, LLC for a conditional use at 1551 Westwood Drive to allow for a landscaping contractor office, shops and yards; and WHEREAS, the full-service landscaping business would include salt storage, outdoor bulk material storage, outdoor retail spaces, shops, showrooms and offices; and WHEREAS, the subject property sits between multi-family residential property to the west and industrial property to the east, and WHEREAS, the general land use pattern taking shape in this area is commercial and industry property on the east side of Westwood Drive and residential uses on the west side; and WHEREAS, the proposed uses are not expected to impact neighboring properties; and WHEREAS, as the site is currently being designed, outdoor storage will be effectively screened from Westwood Drive; now therefore BE IT RESOLVED that the Common Council of the City of Wausau hereby approves a conditional use at 1551 Westwood Drive to allow for a landscaping contractor office, shops, and yards in a B3, General Commercial District, as presented. Approved: Robert B. Mielke, Mayor

PLAN COMMISSION

Time and Date: The Plan Commission met on Tuesday, April 16, 2019, at 5:00 p.m. in the

Common Council Chambers of Wausau City Hall.

Members Present: Mayor Robert Mielke, Eric Lindman, Gary Gisselman, Patrick Peckham, Bruce

Bohlken, Andrew Brueggeman, Ron Zahrt

Others Present: Brad Lenz, William Hebert, Brad Sippel, Dave DeSantis, Melissa Engen,

Rodney Kleinstick, Nick Bancuk, Paul Buch, Deb Ryan, Larry Schindler, Victor

Anderson, Jason Blenker

In compliance with Chapter 19, Wisconsin Statutes, notice of this meeting was posted and transmitted to

the Wausau Daily Herald in the proper manner.

Mayor Mielke called the meeting to order at approximately 5:00 p.m. noting that a quorum was present.

PUBLIC HEARING: Discussion and possible action on rezoning 1551 Westwood Drive from IB,

Interchange Business District to B3, General Commercial District and approve a conditional use to

allow for a landscaping contractor office, shops and yards. Rodney Kleinstick, 1551 Westwood Drive, said that Landcrafters Landscaping takes pride in their work and the major problem is retaining employees. This will allow them to grow the business and retain employees by having a place to gather. Mayor Mielke closed the public hearing. Lenz said that this item is for a rezoning of the property and a conditional use. The current zoning district is IB and B3 zoning is requested. These districts occur frequently together and there is not much difference between them. Staff is comfortable with the zoning change. The zoning map shows a buffer between the residential and industrial uses. A conditional use is needed for the shops and yards. Staff recommends approval. Peckham said that he initially had a concern but felt better after seeing the maps. There will be some onsite sales so the owner will try harder to make sure that the site is attractive and the equipment is secured. Peckham motioned to rezone 1551 Westwood Drive from IB, Interchange Business District to B3, General Commercial District and approve a conditional use to allow for a landscaping contractor office, shops and yards. Brueggeman seconded, and the motion carried unanimously 7-0. This item will go to Common Council on May 14, 2019. *



Rezoning 110 West Bridge Street, 612, 616 & 618 North 1st Avenue and 607, 611, 615 & 617 North 2nd Avenue from R3, Two Family Residence District to B3, General Commercial District.




1) Eva P. Quaws 4th Addition, Lot 7, Block 6, Except Bridge Street, MORE COMMONLY KNOWN AS 110 WEST BRIDGE STREET;

2) Eva P. Quaws 4th Addition, Lot 4, Block 6, MORE COMMONLY KNOWN AS 612 NORTH 1ST AVENUE;



5) Eva P. Quaws 4th Addition, Lot 8, Block 6, MORE COMMONLY KNOWN AS 607 NORTH 2ND AVENUE;

6) Eva P. Quaws 4th Addition, Lot 9, Block 6, MORE COMMONLY KNOWN AS 611 NORTH 2ND AVENUE;

7) Eva P. Quaws, 4th Addition, Lot 10, Block 6, MORE COMMONLY KNOWN AS 615 NORTH 2ND AVENUE;

8) Eva P. Quaws 4th Addition, Lot 11, Block 6, MORE COMMONLY KNOWN AS 617 NORTH 2ND AVENUE

now comprising a part of R3, Two Family Residence District according to the Zoning Ordinance of the City of Wausau is hereby rezoned to B3, General Commercial District.


PLAN COMMISSION










Mayor Mielke called the meeting to order at approximately 5:00 p.m. noting that a quorum was present.

PUBLIC HEARING: Discussion and possible action on rezoning 110 West Bridge Street, 612, 616 & 618 North 1st Avenue and 607, 611, 615 & 617 North 2nd Avenue from R3, Two Family Residence District to B3, General Commercial District.

Nick Bancuk, Marathon Technical Services, said that they helped put together the plan for the developer.

The property on the southeast corner of the block is already zoned B3 and the neighboring properties to

the west, east and south are already businesses. Bancuk said that they tried to purchase the two properties

to the north, but could not come to an agreement. The item goes with the conditional use for the car wash

and is the reason for the rezone. The car wash would be located on the east half and a drive up restaurant

on the west half.

Paul Buch, 4030 Riverview Drive, said that he owns five of the parcels and said that he wanted to point

out the importance of the new development. This is kitty-corner to Walgreens and west of CVS. The

assessed value of those properties are $2.2 million with generations of $111,000 in tax revenue. The

current assessed value of the properties on 1st Avenue and 2nd Avenue is $503,000 with a tax generation

of $12,757. In the interest of the community, the new development warrants consideration with the new

generated tax base and is a good forward looking project.

Deb Ryan, 702 Elm Street, said that the city of Wausau is heading to a dramatic increase in water and

sewer bills where they will quadruple. This may be the wrong community for starting a car wash with the

additional water charges. Ryan said that she is concerned with the lost houses in the area that are

affordable housing. The United Way has a short list of apartments that are $450 or less per month. Will

affordable housing be replaced? Ryan said that the numbers should be looked at with the water rates

going up.

Mayor Mielke said that the rates will be phased in a 2-3 year period.

Larry Schindler, 701 North 2nd Avenue, said that he is also speaking for Josh who lives at 702 North 1st

Avenue. Schindler said that they are concerned for light infiltration from the business. The restaurant

and car wash will have light. The area is being surrounded by business.

Mayor Mielke closed the public hearing.

Lenz said that the request is broken into two parts and the zoning would be consistent with other

properties in the area. The area along Quaw Street will still be residential. A fence will be required if it is

rezoned to commercial and it was acknowledged in the letter from the petitioner.

Gisselman said that this is an intrusion into the neighborhood and is going too far. This will affect the

700 block. This needs to be given a serious look and it is a little too far into the residential area. The

west side of 1st Avenue is a residential area. Gisselman said that he will oppose this request.

Plan Commission

April 16, 2019 — Page 2

Peckham asked what measures the city will be taking to make sure there isn’t a lot of light leaving the

property to interfere with nearby properties. Hebert said that the developer will need to provide a

photometric lighting plan and have regulations for the maximum foot candles that could spill over to the

property. Hebert said that staff will be mindful of the concern if the proposal goes through.

Zahrt asked if there any feeling of traffic turning onto on 2nd Avenue from Bridge Street. This is a nice

project, but he does not want to see traffic issues. Lindman said that traffic coming in and out of 2nd

Avenue near the intersection. Bridge Street has heavy traffic. There will be access off of Bridge Street.

Lindman said that he is not sure how to avoid the traffic issue since people will always take the easiest

path.

Brueggeman motioned to rezone 110 West Bridge Street, 612, 616 & 618 North 1st Avenue and 607, 611,

615 & 617 North 2nd Avenue from R3, Two Family Residence District to B3, General Commercial

District. Zahrt seconded and the motion carried 6-1. Gisselman voted against the item. This item will

go to Common Council on May 14, 2019.

PUBLIC HEARING: Discussion and possible action on approving a conditional use at 102 West Bridge Street and 612, 616 & 618 North 1st Avenue to allow for a car wash, in a requested B3, General Commercial District. Bancuk said that fencing will be installed along the north property line and shrubs and trees between the hard surface to the fence to buffer from residences. The driveway on 1st Avenue has been pushed as far north as they can to get traffic away from the intersection. Bancuk said that they hope to have the traffic flow from of 1st Avenue coming into the car wash on the south. The noisy part of a car wash is the dryers, which will be placed on the south end and will be fully enclosed. There will be external vacuums. The site plan for the restaurant is a concept to get a look at traffic flow. The city has been asked to vacate the alley and will go to the next CISM meeting. The alley vacation will better serve customers. Ryan said that there does not appear to be an entrance on 1st Avenue. Ryan said that she has gone down 2nd Avenue a few times and it is very difficult to enter. The entrance should be on the west side of North 1st Avenue, if you want it to be convenient for the neighbors. Mayor Mielke closed the public hearing. Lenz said that the petitioner addressed the criteria and outlines what the development is doing to satisfy the criteria. This is not a UDD, so we’re not approving details of the site plan, but the commission could add conditions for public benefit. Zahrt motioned to approve a conditional use at 102 West Bridge Street and 612, 616 & 618 North 1st Avenue to allow for a car wash, in a requested B3, General Commercial District. Brueggeman seconded and the motion carried 6-1. Gisselman voted against this item. This item will go to Common Council on May 14, 2019.

STAFF REPORT

TO: City of Wausau Plan Commission FROM: Brad Lenz, City Planner DATE: April 10, 2019

GENERAL INFORMATION

APPLICANT: Rolly Lokre, Stratton Management Inc.

LOCATION: 100 block of West Bridge Street – North side of street EXISTING ZONING: R3, Two Family Residence District

REQUESTED ZONING: B3, General Commercial District and Conditional Use Permit

PURPOSE: To allow for a carwash and restaurant. In the B3 district, car washes may be allowed by conditional use.

EXISTING LAND USE: Vacant

SIZE OF PARCELS: 8.94 acres


North: R3; Single-family homes South: B2, Community Service District; Office and institutional East: UDD, Unified Development District; Retail and surface

parking West: B2; Bank/Savings and Loan

SUMMARY

The applicant is seeking a zoning map amendment for the majority of the city block bounded by West Bridge Street, North 1st Avenue, North 2nd Avenue, and Quaw Street. The two houses bordering Quaw Street on the northern end of the block are not part of the rezoning. The property at the corner of West Bridge Street and North 1st Avenue is already zoned B3, but is included in the conditional use request for the car wash. The conditional use would only apply to

the eastern half of the block, east of the existing alley. A restaurant is being planned for the western half of the block; it would not require a conditional use permit if granted B3 zoning.

ANALYSIS







classification;







zone change;





'6.9-6(part), 1967.)



'6.9-6(part), 1967.)

Wausau Municipal Code (23.78.070) also states that: The plan commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of the amendment is in the public interest and is not solely for the interest of the applicant. The conditional use permit also has a separate set of criteria to consider. From Wausau Municipal Code 23.72.060, no conditional use shall be recommended by the city plan commission unless the commission finds:

(a) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or

endanger the public health, safety, morals, comfort, or general welfare;


the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property

values within the neighborhood;

(c) That the establishment of the conditional use will not impede the normal and orderly development and

improvement of the surrounding property for uses permitted in the district;

(d) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being

provided;

(e) That adequate measures have been or will be taken to provide ingress and egress so designed as to

minimize traffic congestion in the public streets; and

(f) That the conditional use shall, in all other respects, conform to the applicable regulations of the

district in which it is located, except as the regulations may, in each instance, be modified by the common

council pursuant to the recommendations of the city plan commission.

Staff comments: The two proposed commercial developments would face Bridge Street which is a principal arterial street. In this immediate area of Bridge Street, most of the properties fronting Bridge Street are already zoned and/or used commercially. To the east and west of the subject properties are commercial developments that are similar in scale to the proposed developments. The block to the west of the proposed rezoning shows a similar pattern of a single row of houses along Quaw Street with the remainder of the block (down to Bridge Street) zoned commercially. On the south side of Bridge Street are a mix of commercially zoned (i.e., B2) properties. Other areas of West Bridge Street, particularly west of 4th Avenue, retain residential land uses, but this immediate area of Bridge Street is predominantly commercial. Transitional yard regulations would require that a solid fence be installed between the commercial and residential zoning – i.e., along the northern property line of the commercial developments. Vacuum stations would be located outside the building, but other operations of the car wash, including the blowers/dryers, would be contained within the proposed building. The petitioners submitted their responses to the criteria for conditional use approval – please see the attached letter from Marathon Technical Services (MTS).

RECOMMENDING MOTIONS

To approve a zoning map amendment from R3 to B3 for the following properties: 110

W. Bridge Street; 607, 611, 615, and 617 N. 2nd Avenue; and 612, 616, and 618 N. 1st Avenue.

To approve a conditional use permit at 102 W. Bridge Street; and 612, 616, and 618 N.

1st Avenue to allow for a car wash.

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Exterior Material SelectionsTommy’s Express Model

Confidential Warning: This sheet contains and

constitutes confidential information, images and

trade secrets of Tommy Car Wash Systems. Any

unauthorized use or disclosure of any portion

therof, is strictly prohibited. This work is the

exclusive property of Tommy Car Wash Systems.

All rights reserved.

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Towers: Dri-Design Panel - 30” x 30“ - Cardinal Red - RAL 3001http://www.dri-design.com/products/painted-aluminum/#sizes

Ribbed Panel: ATAS 7.2 - Silversmithhttp://www.atas.com/products/walls/exposed-fastener/atas-belvedere-rib-panel#ProductInfo

Ribbed Panel Trim: ATAS Flat Sheet - Blackhttp://www.atas.com/products/colors

Parapet Cap: Reynolux - Bright Silver Metallichttps://www.alcoa.com/aap/north_america/en/product.asp?cat_id=917&prod_id=1537

Fascia: Silver ACM N/A

Downspout Covers: Silver ACMN/A

Car Wash Ends (Upper): Laminators Omega Series - Sunset Redhttp://www.laminatorsinc.com/sites/www.laminatorsinc.com/files/pdf/laminators_architectural_colors_sept8_2016.pdf

Car Wash Ends (Lower): Citadel Glaze Guard - Ebony (Series F)https://www.citadelap.com/finishes/series-f

Car Wash Ends (Aluminum Caps): Tubelite 200 Series Curtain Wall - Clear Anodizedhttps://www.tubeliteinc.com/200-series-curtainwall/

Dry Backroom: Nichiha Panel - Architectural Block - Gray - RAL 7044 http://www.nichiha.com/products/detail/architecturalblock

Steel: RAL3001 *Interior Steel Not Shown*http://www.ralcolor.com/

Roof: Acrylic - 8mm ACRYLITE Heatstop - Cool Bluehttps://www.acrylite.net/sites/lists/PM/DocumentsAP/8mm-acrylite-heatstop-hi-ds-tech-jan2013.pdf

Masonry - Consumer’s 4” Split Faced Block - Ashhttp://www.consumersconcrete.com/split_face.html

Vacuums & Balls: Redhttp://shop.tommycarwash.com/Tommy-Store/Vacuum-and-Vending

Dry Backroom Parapet: Lektron LED Linear Light - Leon - Redhttp://www.lektroninc.com/leon/

Pay Canopy: Black ACMN/A

Back Elevation

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130’ Tunnel | 3 Pay Lanes

Confidential Warning: This sheet contains and constitutes

confidential information, images and trade secrets of Tommy

Car Wash Systems. Any unauthorized use or disclosure of any

portion therof, is strictly prohibited. This work is the exclusive

property of Tommy Car Wash Systems. All rights reserved.


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Entry Elevation

Entry End Elevation

Confidential Warning: This sheet contains and constitutes

confidential information, images and trade secrets of Tommy

Car Wash Systems. Any unauthorized use or disclosure of any

portion therof, is strictly prohibited. This work is the exclusive

property of Tommy Car Wash Systems. All rights reserved.

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Approving a conditional use at 102 West Bridge Street and 612, 616 & 618 North 1st Avenue to allow for a car wash, in a B3, General Commercial District.

Committee Action:

Approved 6-1

Fiscal Impact: None.


WHEREAS, on April 19, 2019, the Plan Commission held a public hearing to consider a request from Rollie Lokre for a conditional use at 102 West Bridge Street and 612, 616 & 618 North 1st Avenue to allow for a car wash; and WHEREAS, commercial uses would border the subject parcel on three sides; and WHEREAS, transitional yard requirements would require that a solid fence be installed between the commercial and residential zoning; and WHEREAS, vacuum stations would be located outside the building, but other operations of the car wash, including the blowers/dryers, would be contained within the proposed building; and WHEREAS, the proposed use is located along Bridge Street which is an arterial street with predominantly commercial uses in the immediate area; now therefore BE IT RESOLVED that the Common Council of the City of Wausau hereby approves a conditional use at 102 West Bridge Street and 612, 616 & 618 North 1st Avenue to allow for a car wash in a B3, General Commercial District, as presented. Approved: Robert B. Mielke, Mayor

Marathon Technical Services LLC 404 Franklin Street Wausau, WI 54403

March 27, 2019

William D. Hebert, MPA City of Wausau 407 Grant Street Wausau, WI 54403 RE: Zoning Map Amendment – W. Bridge Street

Dear Mr. Hebert,

On behalf of Rolly Lokre of Stratton Management Inc, please find enclosed the Application for a Zoning Map Amendment along with the pertinent attachments. The Zoning Map Amendment is being requested for 110 W. Bridge Street, 612 N. 1st Avenue, 616 N. 1st Avenue, 618 N. 1st Avenue, 607 N. 2nd Avenue, 611 N. 2nd Avenue, 615 N. 2nd Avenue, and 617 N. 2nd Avenue.

This submittal includes the application, $400 publication fee, existing property owner details, exhibit map, and a concept site plan. The developer, Stratton Management Inc., has agreements with the current land owners for purchase of the properties once the City approvals are in place. Emails stating that the landowners agree to have Stratton Management Inc submit the Zoning Map Amendment application on their behalf have also been enclosed.

The above listed properties are proposed to be rezoned from R3 to B3. The properties are along the Bridge Street commercial corridor. The properties on the east side of N. 1st Avenue are Wausau Pharmacies, LLC (occupied by CVS Pharmacy) and United Healthcare Services, Inc (occupied by a parking lot); both UDD zoning. The property on the west side of N. 2nd Avenue is Tower Credit Union, zoned B2. The properties on the south side of W. Bridge Street are owned by Bridge Street Mission and zoned B2. The property at 102 W. Bridge Street is currently zoned B3, most recently used as a mercantile shop.

The proposed zoning of B3 fits within the current adjacent parcel zonings as well as the City of Wausau Master Plan. The request for rezoning of the properties on N. 1st Avenue is for the development of a drive-thru car wash with outside vacuums. The request for rezoning of the properties on N. 2nd Avenue is for the development of a drive-thru and sit-down restaurant. The exact type and brand of restaurant has not been determined yet.

The property owners at 621 N. 2nd Avenue and 624 N. 1st Avenue have been contacted to purchase their properties as part of this development, however an agreement could not be reached.

Consulting Engineers

Municipal Infrastructure, Site and Commercial Building Design

MTS

Please contact us if you have any questions. We are able to meet with you and review the submittal if you so desire.

Sincerely,

Nicholas Bancuk

Nicholas Bancuk, PE

Project Engineer

Marathon Technical Services LLC 404 Franklin Street Wausau, WI 54403

March 26, 2019

William D. Hebert, MPA City of Wausau 407 Grant Street Wausau, WI 54403 RE: Conditional Use Permit – W. Bridge Street

Dear Mr. Hebert,

On behalf of Rolly Lokre of Stratton Management Inc, please find enclosed the Application for a Conditional Use along with the pertinent attachments. The Conditional Use Permit is being requested for a proposed car wash and vacuum project. The development will be located at 102 W. Bridge Street, 612 N. 1st Avenue, 616 N. 1st Avenue, and 618 N. 1st Avenue.

This submittal includes the application, $400 publication fee, existing property owner details, exhibit map, and building plans. The developer, Stratton Management Inc., has agreements with the current land owners for purchase of the properties once the City approvals are in place. Emails stating that the landowners agree to have Stratton Management Inc submit the Conditional Use Permit application on their behalf have also been enclosed.

As part of the criteria for approving the Conditional Use, the Wausau Municipal Code has listed six standards that the Plan Commission must consider in Section 23.72.060. These six standards and how they pertain to this project are listed below.

1) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

The proposed development of a drive-thru car wash with exterior vacuum stations will not impact or endanger the public health, safety, morals, comfort, or general welfare of others. The car wash is completely enclosed in a building and utilizes a wash water recycling system. Any waste that is generated within the building will be collected into the sanitary sewer system. Solid waste from the activities will be stored in a dumpster enclosure for pick-up. On site staff will maintain and operate the building and grounds.

2) That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish or impair property values within the neighborhood.

Consulting Engineers

Municipal Infrastructure, Site and Commercial Building Design

MTS

The proposed development fits within the properties within the immediate vicinity. The project is located on the northwest corner of W. Bridge Street and N. 1st Avenue. This intersection has CVS Pharmacy on the northeast corner, Walgreens on the southeast corner, and Bridge Street Mission on the southwest corner. The property immediately to the west of this development will also be owned by Stratton Management Inc with plans to develop it for a drive-thru restaurant (as shown on the enclosed exhibit map). To the west of the proposed restaurant, across N. 2nd Avenue, is Tower Credit Union. These existing developments are business uses that generate similar traffic and noise. The parcels to the north of the proposed car wash and restaurant are single-family residences. The developer proposes to install a 6-foot tall solid fence along the north property line for privacy. Along with that, shrubs and trees will be planted between the hard surface and the fence to further buffer the transition. As part of obtaining agreements with the current property owners, Stratton Management Inc desired to purchase the properties at 624 N. 1st Avenue and 621 N. 2nd Avenue as well; however, an agreement could not be reached.

The proposed car wash development will operate from 7:00am until 9:00pm. These hours should not impose any hardship or substantially diminish the value of the single-family houses. The loudest portion of a drive-thru car wash is the dryers. These will be located within the building and on the south end. Additionally, the parking stalls on the northern portion of the development are south-facing to eliminate headlights from shining towards the houses.

3) That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

The conditional use for a car wash will not inhibit the surrounding properties from their rightful use. The neighboring credit union to the west is situated similarly on its property with single-family housing immediately to the north.

4) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

The car wash will require sanitary, water, gas, electric, and communications services are current available to the parcel. The water service may need to be upgraded by the developer for capacity. W. Bridge Street, N. 1st Avenue, and N. 2nd Avenue are existing roadways with sufficient capacity for the anticipated traffic. Onsite drainage areas will be utilized to meet the City of Wausau and Wisconsin DNR storm water management requirements.

5) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

The existing alley access is proposed to be upgraded on W. Bridge Street. The proposed access on N. 1st Avenue has been located as far away from the intersection with W. Bridge Street as possible to minimize traffic congestion at the intersection. There is ample stacking provided within the development to maintain traffic circulation without impacting the public streets.

6) That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as the regulations may, in each instance, be modified be the Common Council pursuant to the recommendations of the Plan Commission.

The proposed developer intends to comply with all applicable regulations within the B3 district of the Wausau Municipal Code. The Tommy Car Wash franchise is committed to a higher standard of product and cleanliness.

In response to Item #9 on the Application for a Conditional Use, the developer proposes to construct and maintain an indoor drive-thru car wash with exterior vacuum stations. All existing buildings on the properties will be razed and new buildings constructed in their place. The car wash business will operate from 7:00am until 9:00pm, seven days a week. The maximum number of employees on the site at any one time is three. The drive-thru car wash is fully automated and the customer remains in their vehicle during the wash. The only parking stalls required for the business to operate are for the employees. Three employee parking stalls have been provided on the plan as well as one accessible stall. In addition, twelve vacuum stations have been provided for customers. Building plans have been included with this submittal to show the style, size, and height of the proposed structure. All site signs are located on the facade of the building. Sign permits will be applied for prior to construction.

Please contact us if you have any questions. We are able to meet with you and review the submittal if you so desire.

Sincerely,

Nicholas Bancuk

Nicholas Bancuk, PE

Project Engineer



Rezoning 1301 North 2nd Street from R3, Two Family Residence District to UDD, Unified Development District and be added to the General Development Plan to allow for multi-family residential units.




A. Warren Jrs. 2nd Addition, Lot 3, Block 10, Except East 50’ Thereof, MORE COMMONLY KNOWN AS 1301 North 2nd Street

now comprising a part of R3, Two Family Residence District according to the Zoning Ordinance of the City of Wausau is hereby rezoned to UDD, Unified Development District and be added to the General Development Plan to allow for multi-family residential units.


PLAN COMMISSION Time and Date: The Plan Commission met on Tuesday, April 16, 2019, at 5:00 p.m. in the


Bohlken, Andrew Brueggeman, Ron Zahrt Others Present: Brad Lenz, William Hebert, Brad Sippel, Dave DeSantis, Melissa Engen,

Rodney Kleinstick, Nick Bancuk, Paul Buch, Deb Ryan, Larry Schindler, Victor Anderson, Jason Blenker

In compliance with Chapter 19, Wisconsin Statutes, notice of this meeting was posted and transmitted to the Wausau Daily Herald in the proper manner. Mayor Mielke called the meeting to order at approximately 5:00 p.m. noting that a quorum was present. PUBLIC HEARING: Discussion and possible action on rezoning 1301 North 2nd Street from R3, Two Family Residence District to UDD, Unified Development District and be added to the General Development Plan for multi-family residential units. Jason Blenker said that they would like to add this property into the UDD for 2nd Street and Short Street. An offer has been accepted and it rolls into the next two agenda items. Mayor Mielke closed the public hearing. Sippel said that one staff report was put together for the next three items. The first item is to rezone the property at 1301 North 2nd Street from R3 to UDD and to include the property in the general development plan. The second item is to approve the precise implementation plan for Phase II of the area of North 2nd Street and Short Street. The third item is to approve the precise implementation plan for Phase III for properties south of Short Street. There will be a total of fourteen units between the two phases. The surrounding properties are mostly residential with some commercial along North Third Street. The first phase has been mostly completed. Staff recommends approval. Sippel said that on Phase III, staff recommends a condition that that the driveway is setback at least 18’ from the sidewalk. Peckham said that it is showing walls zigzagging and asked if that would be counterproductive in terms of energy efficiency. Blenker said that part of their job is to look at the market. During the first phase, it was realized that the single story units are the most popular. Blenker said that they tried to redesign phase II and phase III to incorporate more single story living and to also maintain privacy. It is a challenge to have a common wall space. They try to give people the best of both works. It is probably not truly as energy efficient as possible, but they need to look at what the market is willing to buy. The walls are still energy efficient. This is the best solution for a salable product. Zahrt said that they are built very well and most are sold. Zahrt said that this is a tremendous improvement for the city of Wausau and thanked Blenker. Zahrt motioned to rezone 1301 North 2nd Street from R3, Two Family Residence District to UDD, Unified Development District and add it to the general development plan for multi-family residential units. Brueggeman second and the motion carried unanimously 7-0. This item will go to Common Council on May 14, 2019.

STAFF REPORT

TO: City of Wausau Plan Commission FROM: Brad Sippel, Assistant Planner DATE: April 9, 2019

GENERAL INFORMATION

APPLICANT: City of Wausau

LOCATION: Agenda Item 7: 1301 North 2nd Street

Agenda Item 8: 1301, 1305, 1309 and 1313/1315 North 2nd Street, and 206 Short Street

Agenda Item 9: 101/103, 201 and 205 Short Street, 1201 North 2nd

Street, and 1202 and 1204 North 3rd Street EXISTING ZONING: 1301 N. 2nd Street; R3, Two Family Residential

1305, 1309, and 1313/1315 N. 2nd Street; UDD, Unified

Development District

101/103, 201 and 205 Short Street, 1201 North 2nd Street and 1202 and 1204 North 3rd Street; UDD, Unified Development District

REQUESTED ZONING: UDD, Unified Development District

PURPOSE: To allow for multi-family residential units.

EXISTING LAND USE: Vacant, former residential properties

SIZE OF PARCEL(S): 1.52 acres


North: UDD, Unified Development District and R3, Two Family Residence District; Residences

South: Railroad

East: R3; Residences B2, Community Service District; Tavern and retail West: R3; Residences

Railroad

SUMMARY

The City of Wausau is seeking to amend the zoning map for phase II and phase III of the River East Townhomes development. This report covers three potential Plan Commission actions, for agenda items 7, 8, and 9. Item 7 is a zoning map amendment for 1301 North 2nd Street from R3, Two-Family Residence District to UDD, Unified Development District, and to be added to the existing General Development Plan for Phases I-III of the River East Townhomes. The existing GDP, as approved, is attached to the report for reference. All other parcels listed on this application are already included in the approved GDP. Item 8 is the approval of the Precise Implementation Plan for 1301, 1305, 1309 and 1313/1315 North 2nd Street and 206 Short Street to construct eight attached residential units. This is Phase II of the River East Townhomes. The proposed site plan, floor plan, and elevations for Phase II are attached, and shows six one-story units and two two-story units. The one-story units have garages facing the alley, while the two-story units have two-car garages facing 2nd Street. The design of the units vary. The two end units appear similar to the one-story end units in Phase I, with the front entrance facing 2nd Street that has a small setback from the furthest projection of the building. The four interior one-story units have front entrances that are set back much further from the front of the building, and are facing an interior private courtyard away from 2nd Street. The middle two-story units have two-car garages facing 2nd Street, with the front entrance set back to the side of the garages, and living space both behind and on top of the garages. The garage door setback of the two-story units from the sidewalk is approximately 19.7 feet for the north unit and 21.6 feet for the south unit. This setback should allow most vehicles to park in the driveway without encroaching on the sidewalk, with the exception of some of the largest pickup trucks. For reference, a Chevy Suburban is about 19 feet long, and the longest Ford Super Duty pickup is about 22 feet long. See the attached site layout, floor plan, and elevations. Item 9 is the approval of the Precise Implementation Plan for 101/103, 201 and 205 Short Street, 1201 North 2nd Street, and 1202 and 1204 North 3rd Street. This is for six attached residential units for Phase III of the River East Townhomes and encompasses the remainder of the lots that are located along Short Street and two landlocked parcels along the north side of the railroad that have 3rd Street addresses. These units are all proposed to be two story units, with the primary entrances facing Short Street. The units are a mix of two-bedroom and three-bedroom units. Each unit has a two car garage attached. The end units have two bays facing Short Street, while the middle units each have one bay facing Short Street and one bay facing the rear of the lot. Garage door setback from the Short Street sidewalk is not labelled on the site layout, but appears to be approximately 16 feet. This setback would result in most full size trucks, SUVs and large sedans to encroach on the sidewalk if parked in the driveway.

Phase III also includes a 10 stall garage and a 6 stall garage, both detached from the townhomes, in the rear of the property as part of the development. Locating these in the rear minimizes the visual impact on the streetscape and minimizes any additional driveways crossing the sidewalk, which helps to maintain the walkability of the neighborhood while providing additional storage space. Surrounding uses are primarily residential. Directly to the east is single-family attached housing (River East Townhomes Phase I) and a mix of single family and two family units. The 3rd Street corridor has a mix of commercial and residential uses.

ANALYSIS







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Staff comments: The rezoning of 1301 North 2nd Street would allow the parcel at the corner of Short Street and 2nd Street to be incorporated into the River East Townhomes project. The residential uses that are part of this project are similar to the uses already allowed in the R3 district, but the townhome style development requires UDD zoning. The proposed residential density is similar to the density allowed in the R3 zone. The proposed residential uses are compatible with the surrounding residential and commercial uses.

Wausau Municipal Code 23.78.070 states that: The plan commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of the amendment is in the public interest and is not solely for the interest of the applicant. There are additional criteria applicable to a UDD. The intent of the Unified Development District is:

23.65.010 Statement of intent. The purpose of the unified development district is to

promote the maximum benefit from coordinated area site planning, diversified location of

structures and mixed compatible uses in developments conceived and implemented as

comprehensive and cohesive unified projects. It is further intended to encourage and

facilitate the conservation of open land and other natural features such as woods,

streams, wetlands, etc., as integral components of a balanced ecology. To this intent the

regulations provide for the development of land on the basis of comprehensive and

coordinated site plans for a specific project development, regulated by objective criteria

rather than through the application of fixed formulas, thereby allowing for greater

flexibility and improved quality of environmental design. Such district may be established

only with the consent of the owners of the land affected.

23.65.040 Criteria for approval. The approval of a unified development proposal shall be

based upon determination as to compliance with the following criteria:

(a) That the proposed development is consistent with the spirit and intent of these

regulations, has been prepared with competent professional advice and guidance and

produces significant benefits in terms of improved environmental design to justify the

application of the unified development concept;

(b) That the site development plan reflects sensitive consideration of the physical nature

of the site with particular concern for conservation of natural features, preservation

of open space and careful shaping of terrain to minimize scarring, and insures proper

drainage and preservation of natural terrain wherever appropriate;

(c) That the general character and intensity of use of the development produces an

attractive environment appropriate to the uses proposed, and is compatible with

existing development in the surrounding area and with general community

development plans and policies;

(d) That the development can be provided with appropriate municipal services and would

not conflict with or cause overload on such facilities as schools, highways, police, fire

or utility services;

(e) That proposed design standards provide adequately for practical functioning and

maintenance, based on actual functional need, in terms of circulation, parking,

emergency services, delivery services and snowplowing;

(f) That adequate provision has been made to insure proper maintenance and

preservation of any common areas provided for the recreation and esthetic

enhancement of the development.

Staff comments: The sites are already served with appropriate municipal services. Staff recommends that the Plan Commission require that any street facing garage doors are a minimum of 18’ (eighteen feet) from the property line/sidewalk line to reduce the chances of vehicles encroaching on the sidewalk when parked in the driveway. A twenty foot setback to the garage doors is recommended if possible. Infill development like this helps to reduce the impact of development on the environment by utilizing existing developed areas and reducing greenfield development.

RECOMMENDATION

Rezoning 1301 North 2nd Street: To approve the zoning map amendment for 1301 N 2nd Street

from R3, Two Family Residence District to UDD, Unified Development District and add 1301 North 2nd Street to the General Development Plan.

Precise Implementation Plan, Phase II: To approve the Precise Implementation Plan for 1301,

1305, 1309 and 1313/1315 North 2nd Street, and 206 Short Street as presented.

Precise Implementation Plan, Phase III: To approve the Precise Implementation Plan for

101/103, 201 and 205 Short Street, 1201 North 2nd Street, and 1202 and 1204 North 3rd Street with the condition that the garages facing Short Street are a minimum of eighteen feet from the north property line.

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Approving the Precise Implementation Plan at 101/103, 201 and 205 Short Street and 1202 and 1204 North 3rd Street to allow for six (6) multi-family residential units in a UDD, Unified Development District. Committee Action:

Approved 7-0

Fiscal Impact:

None.


WHEREAS, on April 16, 2019, the Plan Commission considered a request to approve the precise implementation plan at 101/103, 201 and 205 Short Street and 1202 and 1204 North 3rd Street to allow for six (6) multi-family residential units; and WHEREAS, the proposed development is for Phase III of the River East Townhomes and encompasses the remainder of the lots that are located along Short Street and two landlocked parcels along the north side of the railroad that have 3rd Street addresses; and WHEREAS, the units are proposed to be two story units, with the primary entrances facing Short Street; and WHEREAS, the units are a mix of two-bedroom and three-bedroom units; and WHEREAS, each unit will have a two car garage attached; and WHEREAS, Phase III also included a 10-stall garage and a 6-stall garage, both detached from the townhouses, in the rear of the property as part of the development; and WHEREAS, the precise implementation plan conforms to the general development plan for urban infill residential development on land that is mostly vacant; and WHEREAS, in April the city’s Economic Development Committee approved a new development agreement for this phase of the project; now therefore BE IT RESOLVED that the Common Council of the City of Wausau hereby approves the precise implementation at 101/103, 201 and 205 Short Street and 1202 and 1204 North 3rd Street to allow for six (6) multi-family residential units in a UDD, Unified Development District, with the following condition:

1) The garages facing Short Street are a minimum of eighteen feet from the north property line. Approved: Robert B. Mielke, Mayor

PLAN COMMISSION










Mayor Mielke called the meeting to order at approximately 5:00 p.m. noting that a quorum was present. Discussion and possible action on approving the Precise Implementation Plan at 1301, 1305, 1309 and 1313/1315 North 2nd Street and 206 Short Street to allow for eight (8) multi-family residential units. Brueggeman motioned to approve the precise implementation plan at 1301, 1305, 1309 and 1313/1315 North 2nd Street and 206 Short Street to allow for eight (8) multi-family residential units. Zahrt seconded and the motion carried unanimously 7-0. This item will go to Common Council on May 14, 2019. Discussion and possible action on approving the Precise Implementation Plan for 101/103, 201 and 205 Short Street, 1201 North 2nd Street and 1202 and 1204 North 3rd Street to allow for six (6) multi-family residential units. Zahrt motioned to approve the precise implementation plan for 101/103, 201 and 205 Short Street, 1201 North 2nd street and 1202 and 1204 North 3rd Street to allow for six (6) multi-family residential units with the condition that driveways be setback 18’ from the sidewalk. Peckham seconded, and the motion carried unanimously 7-0. This item will go to Common Council on May 14, 2019. *



Approving the Precise Implementation Plan at 1301, 1305, 1309 and 1313/1315 North 2nd Street and 206 Short Street to allow for eight (8) multi-family residential units in a UDD, Unified Development District.

Committee Action:

Approved 7-0



WHEREAS, on April 16, 2019, the Plan Commission considered a request to approve the precise implementation plan at 1301, 1305, 1309 and 1313/1315 North 2nd Street and 206 Short Street to allow for eight (8) multi-family residential units; and WHEREAS, the proposed site plan, floor plan and elevations show six one-story units and two two-story units; and WHEREAS, the garage door setback of the two-story units from the sidewalk is approximately 19.7 feet for the north unit and 21.6 feet for the south unit; and WHEREAS, the four interior one-story units have front entrances that are set back from the front of the building, and are facing an interior private courtyard away from 2nd Street; and WHEREAS, the middle two-story units have two-car garages facing 2nd Street, with the front entrance set back to the side of the garage, and living space both behind and on top of the garages; and WHEREAS, the precise implementation plan conforms to the general development plan for urban infill residential development on land that is mostly vacant; and WHEREAS, in April the city’s Economic Development Committee approved a new development agreement for this phase of the project; now therefore BE IT RESOLVED that the Common Council of the City of Wausau hereby approves the precise implementation at 1301, 1305, 1309 and 1313/1315 North 2nd Street and 206 Short Street to allow for eight (8) multi-family residential units in a UDD, Unified Development District, as presented. Approved: Robert B. Mielke, Mayor

PLAN COMMISSION










Mayor Mielke called the meeting to order at approximately 5:00 p.m. noting that a quorum was present. Discussion and possible action on approving the Precise Implementation Plan at 1301, 1305, 1309 and 1313/1315 North 2nd Street and 206 Short Street to allow for eight (8) multi-family residential units. Brueggeman motioned to approve the precise implementation plan at 1301, 1305, 1309 and 1313/1315 North 2nd Street and 206 Short Street to allow for eight (8) multi-family residential units. Zahrt seconded and the motion carried unanimously 7-0. This item will go to Common Council on May 14, 2019. Discussion and possible action on approving the Precise Implementation Plan for 101/103, 201 and 205 Short Street, 1201 North 2nd Street and 1202 and 1204 North 3rd Street to allow for six (6) multi-family residential units. Zahrt motioned to approve the precise implementation plan for 101/103, 201 and 205 Short Street, 1201 North 2nd street and 1202 and 1204 North 3rd Street to allow for six (6) multi-family residential units with the condition that driveways be setback 18’ from the sidewalk. Peckham seconded, and the motion carried unanimously 7-0. This item will go to Common Council on May 14, 2019. *



Approving a conditional use at 1200 West Wausau Avenue to allow for placement of a 8’x10’ fiber structure (hut) on the property to house telecommunications equipment and cables, in a IR, Interchange Residence District and R2, Single Family Residence District. Committee Action:

Approved 7-0

Fiscal Impact:

None.


WHEREAS, on May 7, 2019, the Plan Commission held a public hearing to consider a request from TDS Metrocom, LLC for a conditional use at 1200 West Wausau Avenue to allow for placement of a 8’x10’ fiber structure (hut) on the property to house telecommunications equipment and cables, in a IR, Interchange Residence District and R2, Single Family Residence District; and WHEREAS, a conditional use is required for public utility and service uses in the IR and R3 districts; and WHEREAS, the proposed structures are made of pre-cast and have an 8’x10’ footprint and are 9’ tall; and WHEREAS, HVAC equipment would be located on the exterior of the building that may produce some noise, and lighting is planned to be located by the door to the structure; and WHEREAS, noise and lighting impacts are not anticipated to be any greater than typical residential uses; and WHEREAS, it is not expected to have any negative impacts to surrounding property owners, now therefore BE IT RESOLVED that the Common Council of the City of Wausau hereby approves a conditional use at 1200 West Wausau Avenue to allow for placement of a 8’x10’ fiber structure (hut) on the property to house telecommunications equipment and cables, in a IR, Interchange Residence District and R2, Single Family Residence District, with the following condition: 1) Limit lighting spill to one foot-candle at the property line to minimize any potential negative impacts on adjacent residential properties. Approved: Robert B. Mielke, Mayor

PLAN COMMISSION Time and Date: The Plan Commission met on Tuesday, May 7, 2019, at 5:00 p.m. in the


Bohlken, Andrew Brueggeman, Ron Zahrt Others Present: Brad Lenz, William Hebert, Dave DeSantis, Melissa Engen, Sean Murray, Deb

Ryan, Victor Anderson, Bill Greenwood, Rob Erickson In compliance with Chapter 19, Wisconsin Statutes, notice of this meeting was posted and transmitted to the Wausau Daily Herald in the proper manner. Mayor Mielke called the meeting to order at approximately 5:00 p.m. noting that a quorum was present. PUBLIC HEARING: Discussion and possible action on approving a conditional use at 1200 West

Wausau Avenue to allow for placement of a 8X10 fiber structure (hut) on the property to house all

the telecommunications equipment and cables, in a IR, Interchange Residence District, and R2,

Single Family Residence District.

Sean Murray, TDS Metrocom, said that they plan to place two 8’x10’x9’ structures at Wausau West High School and at 610 McDonald Street. The huts will house fiber equipment and racks. There is a large fiber optic project for building in Wausau and the surrounding communities. The huts will house the equipment. No one will be stationed in the hut. Peckham asked how tall the huts will be. Murray answered that they will be 9’ tall and will have a flat surface. Deb Ryan, 702 Elm Street, said that she lived in Madison from 2006-2009 and TDS has a good reputation. This will give good competition in the area with lower prices and better service. Mayor Mielke closed the public hearing. Lenz said that the conditional use is required for IR and R2 districts. The first item is for the hut located at Wausau West High School. The hut will be placed 10’ from the property line. The equipment will be enclosed in the structure and will not be intrusive to the neighbors. Staff recommends approval with the condition that the exterior lighting is limited to 1 foot-candle at the property line. Peckham asked if this will be on the school district property. This was confirmed. Gisselman asked if the McDonald property is owned by TDS. Murray said that they are currently working with the property owner for an easement and may possibly purchase the property in the future. As easement was signed today for the Wausau West High School location. Bohlken motioned to approve a conditional use at 1200 West Wausau Avenue to allow for placement of a 8’x10’ fiber structure (hut) on the property to house all the telecommunications equipment and cables in a IR, Interchange Residence District and R2, Single Family Residence District with the condition that lighting be limited to one foot-candle at the property line. Zahrt seconded, and the motion carried unanimously 7-0. This item will go to Common Council on May 14, 2019.

STAFF REPORT

TO: City of Wausau Plan Commission FROM: Brad Sippel, Assistant Planner DATE: May 1, 2019

GENERAL INFORMATION

APPLICANT: Sean Murray, TDS Metrocom, LLC

LOCATION: 1200 West Wausau Avenue, 610 McDonald Street

EXISTING ZONING: 1200 West Wausau Avenue - IR, Interchange Residence District 610 McDonald Street - R3, Two Family Residence District

REQUESTED ZONING: Conditional Use

PURPOSE: To allow for a telecommunications equipment building. In the IR and R3 districts, telephone exchanges, telephone transmission-equipment buildings and microwave relay towers may be allowed as a conditional use.

EXISTING LAND USE: 1200 West Wausau Avenue – Institutional 610 McDonald Street - Vacant

SIZE OF PARCEL(S): 1200 West Wausau Avenue – 40.91 Acres 610 McDonald Street - 0.06 Acres

SURROUNDING ZONING AND LAND USE: See attached maps

SUMMARY

TDS Metrocom is seeking conditional uses to allow for a telecommunications building on two separate parcels in the City, one at 1200 West Wausau Avenue on property owned by the Wausau School District, and one at 610 McDonald Street on an empty lot owned by Bruce Johnson. A conditional use is required for public utility and service uses in the IR and R3 districts. Site plans, elevations, and photos of the structures are included in the packet. The proposed structures are made of pre-cast concrete and have an 8’x10’ footprint and are 9’ tall. There

appears to be HVAC equipment on the exterior of the building that may produce some noise, and lighting is planned to be located by the door to the structure. Noise and lighting impacts are not anticipated to be any greater than typical residential uses. Staff recommends limiting lighting spill to one foot-candle at the property line to minimize any potential negative impacts on adjacent residential properties. Surrounding zoning and land uses are primarily residential for both properties. The hut is proposed to be located on the southeast corner of the Wausau West High School property owned by the Wausau School District, and the properties around it are residential. There is cemetery to the south of 610 McDonald Street. 610 McDonald Street is currently vacant, and its size makes it impractical for development without combining it with one of the adjacent parcels. There are no setback requirements specified in the zoning code for public utilities and services in the IR or R3 districts. The attached site plans show a minimum 10-foot setback from lot lines on both parcels.

ANALYSIS

From Wausau Municipal Code 23.72.060, no conditional use shall be recommended by the city plan commission unless the commission finds:

(a) That the establishment, maintenance, or operation of the conditional use will not be

detrimental to or endanger the public health, safety, morals, comfort, or general welfare;


the immediate vicinity for the purposes already permitted, nor substantially diminish and impair

property values within the neighborhood;

(c) That the establishment of the conditional use will not impede the normal and orderly

development and improvement of the surrounding property for uses permitted in the district;

(d) That adequate utilities, access roads, drainage and/or necessary facilities have been or are

being provided;

(e) That adequate measures have been or will be taken to provide ingress and egress so designed

as to minimize traffic congestion in the public streets; and

(f) That the conditional use shall, in all other respects, conform to the applicable regulations of

the district in which it is located, except as the regulations may, in each instance, be modified by

the common council pursuant to the recommendations of the city plan commission.

Staff does not expect any negative impacts from the granting of these conditional use requests. Staff recommends a condition that any spill from exterior lighting is limited to 1 (one) foot-candle at the property line.

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Building




Approving a conditional use at 610 McDonald Street to allow for placement of an 8’x10’ fiber structure (hut) on the property to house telecommunications equipment and cables, in a R3, Two Family Residence District. Committee Action:

Approved 7-0

Fiscal Impact:

None.


WHEREAS, on May 7, 2019, the Plan Commission held a public hearing to consider a request from TDS Metrocom, LLC for a conditional use at 610 McDonald Street to allow for placement of a 8’x10’ fiber structure (hut) on the property to house all the telecommunications equipment and cables, in a R3, Two Family Residence District; and WHEREAS, a conditional use is required for public utility and service uses in the IR and R3 districts; and WHEREAS, the proposed structures are made of pre-cast and have an 8’x10’ footprint and are 9’ tall; and WHEREAS, small HVAC equipment would be located on the exterior of the building that may produce some noise, and lighting is planned to be located by the door to the structure; and WHEREAS, noise and lighting impacts are not anticipated to be any greater than typical residential uses; and WHEREAS, it is not expected to have any negative impacts to surrounding property owners; now therefore BE IT RESOLVED that the Common Council of the City of Wausau hereby approves a conditional use at 610 McDonald Street to allow for placement of a 8’x10’ fiber structure (hut) on the property to house telecommunications equipment and cables, in a R3, Two Family Residence District, with the following condition: 1) Limit lighting spill to one foot-candle at the property line to minimize any potential negative impacts on adjacent residential properties. Approved: Robert B. Mielke, Mayor




Ryan, Victor Anderson, Bill Greenwood, Rob Erickson In compliance with Chapter 19, Wisconsin Statutes, notice of this meeting was posted and transmitted to the Wausau Daily Herald in the proper manner. Mayor Mielke called the meeting to order at approximately 5:00 p.m. noting that a quorum was present. PUBLIC HEARING: Discussion and possible action on approving a conditional use at 610

McDonald Street to allow for placement of a 8X10 fiber structure (hut) on the property to house all

the telecommunications equipment and cables, in a IR, Interchange Residence District, and R2,

Single Family Residence District. Sean Murray, TDS Metrocom, said that this hut is for a different location and will possibly purchase the property. Environmental studies will need to be completed before purchasing. Mayor Mielke closed the public hearing. Lenz said that this is a similar situation as the previous item, but it is a smaller residential lot and would be very difficult to build on. The hut would be setback 10’ from any property lines. Peckham asked if grass would be planted. Murray answered that the hut will be placed on a concrete pad with grass around it and a small driveway would be put in to check equipment. There is already some fencing on the property, but they may add some fencing in the future. Brueggeman motioned to approve a conditional use at 610 McDonald Street to allow for placement of a 8’x10’ fiber structure (hut) on the property to house all the telecommunications equipment and cables in a IR, Interchange Residence District and R2, Single Family Residence District with the condition that lighting be limited to one foot-candle at the property line. Zahrt seconded, and the motion carried unanimously 7-0. This item will go to Common Council on May 14, 2019. *

2-4-19

TDS - WAUSAU, WI

Project:

Contractor:

800-658-9045

Crest Precast, Inc.

La Crescent, MN & Barneveld, WI

KGT

Drawing

Number

Revision

Drawn By:

Date

Crest Job #

E1

19017

2-22-19

1

0.92 CUYD

3. CONCRETE MIX = SSC2011

SEE PIECE LAYOUTBIF =

TIF = SMOOTH

FORM FINISHSIF =

2. FINISH SCHEDULE:

1.

1

2

" CHAMFERS (TYP. UNO)

NOTES:

2,500 PSI@ STRIPPING

5,000 PSI@ 28 DAYS

CONCRETE STRENGTH

3,800 LBSWEIGHT =

.

FOR APPROVAL

. . . .

. . . .

SMKGT2-20-190

CK.DR.DATEREV.

19017

JOB NUMBER

PROJECT

QUANTITY

TDS

WAUSAU, WI

FAITH TECHNOLOGIES

5

1

SHEET NUMBER

REQ'DACCESSORY REBAR REQ'D

BILL OF MATERIALS

800-658-9045

Crest Precast, Inc.


crestprecastconcrete.com

SMKGT2-22-191

1

1.07 CUYD



TIF = SMOOTH

FORM FINISHSIF =

2. FINISH SCHEDULE:

1.

1

2


NOTES:


5,000 PSI@ 28 DAYS

CONCRETE STRENGTH

5,000 LBSWEIGHT =

.

FOR APPROVAL

. . . .

. . . .

SMKGT2-20-190

CK.DR.DATEREV.

19017

JOB NUMBER

PROJECT

QUANTITY

TDS

WAUSAU, WI

FAITH TECHNOLOGIES

5

2

SHEET NUMBER


BILL OF MATERIALS

800-658-9045

Crest Precast, Inc.



SMKGT2-22-191

1

0.92 CUYD



TIF = SMOOTH

FORM FINISHSIF =

2. FINISH SCHEDULE:

1.

1

2


NOTES:


5,000 PSI@ 28 DAYS

CONCRETE STRENGTH

3,800 LBSWEIGHT =

.

FOR APPROVAL

. . . .

. . . .

SMKGT2-20-190

CK.DR.DATEREV.

19017

JOB NUMBER

PROJECT

QUANTITY

TDS

WAUSAU, WI

FAITH TECHNOLOGIES

5

3

SHEET NUMBER


BILL OF MATERIALS

800-658-9045

Crest Precast, Inc.



SMKGT2-22-191

1

1.23 CUYD



TIF = SMOOTH

FORM FINISHSIF =

2. FINISH SCHEDULE:

1.

1

2


NOTES:


5,000 PSI@ 28 DAYS

CONCRETE STRENGTH

5,000 LBSWEIGHT =

.

FOR APPROVAL

. . . .

. . . .

SMKGT2-22-190

CK.DR.DATEREV.

19017

JOB NUMBER

PROJECT

QUANTITY

TDS

WAUSAU, WI

FAITH TECHNOLOGIES

5

4

SHEET NUMBER


BILL OF MATERIALS

800-658-9045

Crest Precast, Inc.



1

1.80 CUYD



TIF = SMOOTH

FORM FINISHSIF =

2. FINISH SCHEDULE:

1.

1

2


NOTES:


5,000 PSI@ 28 DAYS

CONCRETE STRENGTH

7,600 LBSWEIGHT =

.

FOR APPROVAL

. . . .

. . . .

SMKGT2-20-190

CK.DR.DATEREV.

19017

JOB NUMBER

PROJECT

QUANTITY

TDS

WAUSAU, WI

FAITH TECHNOLOGIES

5

5

SHEET NUMBER


BILL OF MATERIALS

800-658-9045

Crest Precast, Inc.



SMKGT2-22-191

1

1.70 CUYD



TIF = SMOOTH

FORM FINISHSIF =

2. FINISH SCHEDULE:

1.

1

2


NOTES:


5,000 PSI@ 28 DAYS

CONCRETE STRENGTH

6,900 LBSWEIGHT =

.

FOR APPROVAL

. . . .

. . . .

SMKGT2-20-190

CK.DR.DATEREV.

19017

JOB NUMBER

PROJECT

QUANTITY

TDS

WAUSAU, WI

FAITH TECHNOLOGIES

5

6

SHEET NUMBER


BILL OF MATERIALS

800-658-9045

Crest Precast, Inc.



SMKGT2-22-191

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Amending the Precise Implementation Plan at 1300 North River Drive to allow for a shade sail structure in a UDD, Unified Development District.

Committee Action:

Approved 6-1



WHEREAS, on May 7, 2019, the Plan Commission considered a request to amend the precise implementation plan at 1300 North River Drive to allow for a shade sail structure in a UDD, Unified Development District; and WHEREAS, the shade sail structure would be located in the outdoor dining area on the west/river side of the building; and WHEREAS, the sails would be located on the southern end of the patio to provide shade for a majority of the patio; WHEREAS, the design and color scheme are intended to match other elements of the riverfront, such as the wharf; and WHEREAS; the sails would obstruct views of a future mural from certain vantage points, but would not block it entirely; now therefore BE IT RESOLVED that the Common Council of the City of Wausau hereby amends the precise implementation at 1300 North River Drive to allow for a shade sail structure in a UDD, Unified Development District, as presented. Approved: Robert B. Mielke, Mayor




Ryan, Victor Anderson, Bill Greenwood, Rob Erickson In compliance with Chapter 19, Wisconsin Statutes, notice of this meeting was posted and transmitted to the Wausau Daily Herald in the proper manner. Mayor Mielke called the meeting to order at approximately 5:00 p.m. noting that a quorum was present. Discussion and possible action on amending the Precise Implementation Plan at 1300 North River Drive to allow for a shade sail structure. Lenz said that this is for the WOW property and representatives are here to discuss the project. The shade will be for the patio on the river side of the building. This will be an amendment to their site plan. Bill Greenwood said that the plan is to put a structure up for shade and it will be the same color scheme as the riverfront. It will be bright and pretty. It will not cover the entire deck. Mayor Mielke asked if it would be removed in the winter. Greenwood answered that the shade will be removed, but the frame would stay. Peckham said that considerable energy and creativity has gone on with the murals and asked if it would still be visible with the shade. Greenwood answered that it would be blocked if standing in front, but as someone would pass the shade area, it will be visible. Peckham asked if there would be an alternative way for the shade to allow the visibility of the mural. Greenwood said that if it would be lowered it couldn’t function and if it would be raised, it wouldn’t provide the shade. Gisselman asked if the structure is legitimate within the code. Hebert said that the engineered analysis for the structure would need to be reviewed, but it has not yet been submitted. Rob Erickson, Wausau Canvas, explained to the commission how the frame was designed and how it would be constructed. Lenz asked what the color of the supports would be. Greenwood said that any color could be used. Erickson said that it could match the building. The material is high density and flame retardant. It has a long life and is totally recyclable. Zahrt motioned to amend the precise implementation plan at 1300 North River Drive to allow for a shade sail structure. Brueggeman seconded and the motion carried 6-1. Peckham voted against this item. This item will go to Common Council on May 14, 2019. *

Fenced In Area

grass

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RESOLUTION OF THE FINANCE COMMITTEE Accepting dedication of a portion of the following for public right-of-way regarding the Thomas Street project: 1040 S. 3rd Avenue and 306 W. Thomas Street, 1107 S. 3rd Avenue, 1300 Cleveland Avenue, 102 W. Thomas Street, 110 E. Thomas Street, 118 E. Thomas Street, 120 E. Thomas Street, 109 E. Thomas Street, 138 E. Thomas Street, 140 E. Thomas Street, 230 E. Thomas Street and 246 E. Thomas Street Committee Action: Pending Fiscal Impact: None File Number:



CO

ST



SO

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RESOLUTION WHEREAS, on October 14, 2014 and on September 12, 2017, the Common Council approved the design concept and plan for the Thomas Street Project; and WHEREAS, on October 27, 2015, the Common Council approved entering into a real estate services contract with MSA Professional Services, Inc. for the right-of-way property acquisitions for the Thomas Street Project; and WHEREAS, portions of twelve city-owned nominal fee/TLE parcels are needed for the reconstruction project which are as follows:

Parcel 2 - 1040 S. 3rd Avenue and 306 W. Thomas Street Parcel 9 - 1107 S. 3rd Avenue Parcel 15 – 1300 Cleveland Avenue Parcel 20 - 102 W. Thomas Street Parcel 21 – 110 E. Thomas Street Parcel 23 – 118 E. Thomas Street

Parcel 24 – 120 E. Thomas Street Parcel 29 – 109 E. Thomas Street Parcel 43 – 138 E. Thomas Street Parcel 44 – 140 E. Thomas Street Parcel 53 – 230 E. Thomas Street Parcel 55 – 246 E. Thomas Street WHEREAS, the dedication of these lands is required at this time and it is in the public interest for the City to dedicate such lands; and

WHEREAS, the value of these properties was determined and the Nominal Payment Parcel Report was executed by the Mayor on November 5, 2018; and

WHEREAS, your Finance Committee, on May 14, 2019, recommended dedicating the said portions of twelve city-owned parcels for public right-of-way for the Thomas Street Project; and WHEREAS, in lieu of exercising its right to an appraisal and to just compensation, the City intends by this Resolution to waive this right and declare its intent to dedicate said lands as public right-of-way. NOW, THEREFORE, BE IT RESOLVED the Common Council of the City of Wausau does accept the dedication of portions of the twelve city-owned properties listed above for right-of-way, as described in Exhibit A. BE IT FURTHER RESOLVED this resolution shall be recorded in the office of the Marathon County Register of Deeds. Approved: Robert B. Mielke, Mayor



Authorizing Application to the 2019 WDNR Knowles-Nelson Stewardship Grant for the Riverwalk Trail Project (Public Trail Development)

Committee Action: Pending Fiscal Impact: None File Number:



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RESOLUTION A RESOLUTION authorizing the submittal of a state grant application by the City of Wausau and the subsequent appropriation of City of Wausau funds for a Public Trail Development project.

WHEREAS, the City of Wausau is qualified, willing and able to carry out all activities described in the state grant application; and

WHEREAS, in this action the City of Wausau has declared its intent to conduct the Public Trail

Development project described in the application; and WHEREAS, the City of Wausau will allow employees from the Department of Natural Resources

access to inspect grant project sites; and WHEREAS, the City of Wausau will maintain records documenting all expenditures made during

the Public Trail Development project; and WHEREAS, the City of Wausau will submit a final report to the Department which describes all

Public Trail Development project activities, achievements and data collected, and documentation of the project costs.

IT IS THEREFORE RESOLVED THAT: The Common Council of the City of Wausau requests the funds and assistance available from the

Wisconsin Department of Natural Resources under the Knowles-Nelson Stewardship Grant program and will comply with state rules for the program, and

HEREBY AUTHORIZES the authorized representative, Eric Lindman, Director of Public Works

and Utilities, to act on behalf of the City of Wausau to submit an application to the State of Wisconsin for financial aid for Public Trail Development purposes, sign documents, and take necessary action to undertake, direct, and complete an approved Public Trail Development project.

Approved:
