Roll Call: Present: Ald. Walther, Filipiak, Seiser, Sowieja, Barr, Rackow, Molski, Nealis, Phillips, Moore

Excused: Ald. Sevenich

Also Present: Comptroller-Treasurer Schlice, City Attorney Molepske, City Clerk Zdroik, Directors Van Alstine, Gardner, Schrader, Police Chief Carpenter, Fire Chief Barnes, Assessor Kuehn, Transit Manager Lemke, Personnel Specialist Jakusz, Administrative Assistant Marciniak, Kari Yenter, Paul Chronis (Journal), Scott Krueger (WIZD), Gene Kemmeter (Portage County Gazette)

2. Salute to the flag and Mayor’s opening remarks.

Mayor Wescott congratulated all the recent graduates at both the high school and university levels. With Memorial Day approaching, Mayor Wescott asked to keep in your thoughts the sacrifices that millions of American men and women have given over the years. Mayor Wescott asked that everyone reflect for a moment in remembrance of former Mayor Scott Schultz.

3. Approval of minutes of the Regular Common Council meeting of April 16, 2001, the Reorganization meeting of the Common Council of April 17, 2001, and the Special Common Council meeting of April 18, 2001.

Ald. Rackow moved, Ald. Walther seconded, for approval of the regular Common Council minutes of April 16, 2001, the Reorganization minutes of the Common Council of April 17, 2001, and the Special Common Council minutes of April 18, 2001.

Roll Call: Ayes all.
Nays none. Motion carried.

4. *Persons who wish to address the mayor and council on specific agenda items other than a "Public Hearing" must register their request at this time. Those who wish to address the Common Council during a "Public Hearing" are not required to identify themselves until the "Public Hearing" is declared open by the Mayor.

Robert Lodzinski Item #14 - Public Protection Committee meeting
401 West McDonald Drive
Stevens Point, WI 54481

5. Presentation by the Poppy Princess - Kristine Mallek.

2001 Poppy Princess Kristine Mallek presented a brief speech "In Flander’s Field". The poppies are a tribute to those that have died or were disabled in the war. Miss Mallek stated poppy day is May 25, 2001, and hopes to see everyone wearing a poppy on that day.

6. Introduction of the First Stevens Point Poet Laureate - Lynda Reichert.

Mayor Wescott introduced the first Stevens Point Poet Laureate, Lynda Reichert. On behalf of the City of Stevens Point and the Arts Council, Mayor Wescott presented Ms. Reichert with a check in appreciation of her efforts.

Lynda Reichert recited a poem "Hearing Loss".

Gerry McKenna, Stevens Point Arts Council, stated Lynda Reichert will be working with various public schools in Stevens Point. It is also the hope that Ms. Reichert will assist the city in various ways from time to time at city functions.

7. Accreditation Presentation - Police Chief Doug Carpenter.

Chief Carpenter stated last week the Stevens Point Police Department appeared before the Wisconsin Law Enforcement Accreditation Group Board and received certification. The Stevens Point Police Department is the 13th law enforcement agency of the 613 active law enforcement agencies in the state to receive accreditation. Accreditation does not make a department good. Good management, working hard, and being part of the community makes a good department. Accreditation will make a good department better.

Mayor Wescott asked how long the Police Department had been involved in the accreditation process?

Chief Carpenter replied approximately two years.

What will accreditation mean to the people of the community, asked Mayor Wescott?

Chief Carpenter said the people can be assured the policies, procedures and practices of the police department are up to state standards.

Mayor Wescott congratulated Chief Carpenter and the members of the Police Department.

8. Plan Commission meeting of May 7, 2001.

Ald. Rackow moved, Ald. Seiser seconded, for approval of the Plan Commission minutes of May 7, 2001.

Roll Call: Ayes all.
Nays none. Motion carried.

9. Public hearing - request of Tony’s Landscaping to operate a contractor’s storage yard at 2940 Minnesota Avenue as a Conditional Use, was declared open by the Mayor.

As no one wished to speak, the Mayor declared the public hearing closed.

10. Resolution on the above.

Director Gardner explained the revised resolution - request of Tony’s Landscaping to operate a contractor’s storage yard at 2940 Minnesota Avenue as a conditional use. The revised plan is a compromise between the two previously submitted plans.

Ald. Molski moved, Ald. Barr seconded, for adoption of the resolution.

Roll Call: Ayes: Ald. Walther, Filipiak, Seiser, Sowieja, Barr, Rackow, Molski, Nealis, Phillips, Moore.
Nays: None. Motion carried.

11. Public hearing - request of Capital M Inc. to construct a motel at 5327 Highway 10 East as a Conditional Use, was declared open by the Mayor.

John Holdridge, Town of Hull Chairman, supports the decision of the Plan Commission to deny the request of Capital M Inc. to construct a motel at 5327 Highway 10 East as a conditional use. Mr. Holdridge is concerned with internal traffic control and the size of the motel in comparison to the lot size.

A petition signed by the neighbors opposing the development of a motel at 5327 Highway 10 East was placed on file.

Bonnie Yokers, 1421 Pine Oaks Court, read a letter from Bob Rossier, 1418 Pine Oaks Court, who is in ill health this evening, urging the Mayor and council members to vote against the development of a motel at 5327 Highway 10 East. Mrs. Yokers feels the location of the motel will ruin the value of the residential properties in the area.

Sharon Zimmermann, 1486 Nicks Road, owns the house directly south of the proposed motel. There is no possible way to buffer the noise from the motel or block the view into their home.

Peter Zimmermann, 1486 Nicks Road, opposes the request to construct a motel behind Shoney’s. The location of the motel will interfere with the privacy of his home.

Patricia Olsen, 1498 Nicks Road, voiced her concerns with the increased traffic and noise from the motel. The development of the proposed motel behind Shoney’s will lower the value of the neighboring residential properties. Currently, this is a quiet neighborhood where children can safely ride their bikes on the dead-end road.

Mike Yokers, 1421 Pine Oaks Court, opposes the request to construct the motel at 5327 Highway 10 East. Mr. Yokers suggested other alternatives such as the possibility of building a one story motel.

Shelley Binder, 1503 Nicks Road, opposes the construction of a motel behind Shoney’s. Ms. Binder is also concerned as to what will happen to the undeveloped wooded lot behind the motel that is owned by the same corporation.

Mary Ann Sharer, 1516 Pine Oaks Court, is against the request to construct the motel.

Sandra Ott, 1509 Pine Oaks Court, opposes the request to construct the motel.

Ed Jurgella, 1508 Nicks Road, also opposes the request to construct a motel behind Shoney’s.

Tony Patton, 3917 Jordan Lane, said this is an excellent proposal by a current successful tax paying business in an effort to maximize the property value and add to the city’s tax base. The project has met all zoning requirements, boundaries, setbacks and parking requirements. The motel project will not reduce the value of the neighboring property to the south due to the wooded buffer. The motel project at 5327 Highway 10 East completely complies with all the conditions set forth by the City’s definition of granting conditional use permits. This project should not be turned down because of speculation that the neighboring properties will lose value. These properties are already exposed to commercial businesses.

Mayor Wescott declared the public hearing closed.

12. Resolution on the above.

Ald. Barr asked if the Council has any right to refuse the request to construct the motel? Are we placing the City in a position of possible legal action if we do refuse the request?

City Attorney Molepske stated that is a legislative determination. When looking at the zoning ordinance, the Council would be incumbent upon finding that the principles that are listed in the ordinance as they relate to this particular piece of property would be found to exist. The establishment or maintenance of this motel would not be detrimental to endanger public safety, morals, comfort, or general welfare. After reviewing the evidence presented, if you do not find anything detrimental to public safety, morals, comfort, or general welfare the use would not be injurious to the use or for the purpose already permitted nor substantially diminish property values in the neighborhood. If you find all those things to be in the affirmative, then you could approve the project. Based on any evidence that has been presented and using any of the staff information that you may receive, you find there is sufficient evidence the motel project will diminish the value of the neighboring properties. The attorney advised a simple statement that the property values will be diminished is not necessarily sufficient evidence. There is a lot of latitude with conditional uses as opposed to permitted uses.

Ald. Seiser moved, Ald. Phillips seconded, to deny the resolution to construct a motel by Capital M Inc. at 5327 Highway 10 East as a conditional use.

Ald. Seiser feels the fact that this is a conditional use permit gives the Council the opportunity to look at the different setbacks and other factors about this request and decide if they are adequate. The alderperson reminded the Council members of the statement made by Senior Planner Schuler that a 42' tall building 20' from the lot line of a residence will have quite an impact. This is one of those site issues during conditional use review where the use of conditions is warranted. Ald. Seiser supports the decision of the Plan Commission to deny the request to construct a motel at 5327 Highway 10 East.

Ald. Barr moved, Ald. Molski seconded, to refer the resolution - request of Capital M Inc. to construct a motel at 5327 Highway 10 East as a conditional use to the Plan Commission in June for further review.

Roll Call: Ayes: Ald. Molski, Rackow, Barr.
Nays: Ald. Moore, Phillips, Nealis, Sowieja, Seiser, Filipiak, Walther.
Ayes - 3. Nays - 7. Motion failed.

The following is the vote on the main motion.

Roll Call: Ayes: Ald. Walther, Filipiak, Seiser, Sowieja, Rackow, Nealis, Moore.
Nays: Ald. Barr, Molski, Phillips.
Ayes - 7. Nays - 3. Motion carried.

13. Joint City Plan Commission and Finance Committee meeting of May 14, 2001.

Ald. Barr moved, Ald. Walther seconded, for approval of the Joint City Plan Commission and Finance Committee minutes of May 14, 2001.

Roll Call: Ayes: Ald. Moore, Phillips, Nealis, Molski, Rackow, Barr, Sowieja, Seiser, Filipiak, Walther.
Nays: None. Motion carried.

14. Public Protection Committee meeting of May 14, 2001.

Robert Lodzinski, 401 West McDonald Drive, objects to the fact that if one complaint is received about the chickens, the owners will need to get rid of them. Mr. Lodzinski said a petition was signed by thirty four neighbors who are in favor of the Fenlons raising chickens and rabbits. Only one neighbor is complaining about the chickens.

Ald. Nealis moved, Ald. Phillips seconded, for approval of the Public Protection Committee minutes of May 14, 2001, with item #10 and #2 pulled for further discussion.

Roll Call: Ayes all.
Nays none. Motion carried.

Ald. Nealis moved, Ald. Molski seconded, to approve a 6-month permit with a stipulation of having a total of four chickens and two rabbits at 501 W. Maple Ridge Drive.

Ald. Seiser is against the amendment to the motion that came out of the Public Protection meeting.

Roll Call: Ayes: Ald. Walther, Filipiak, Sowieja, Barr, Rackow, Molski, Nealis, Phillips, Moore.
Nays: Ald. Seiser.
Ayes - 9. Nays - 1. Motion carried.

Ald. Phillips moved, Ald. Nealis seconded, to postpone action on item #52 (The Underground) of the 2001-2002 "Class B" Beer and Liquor Applicants list until the June Public Protection meeting.

Ald. Seiser would like to know the details of the postponement of the license for The Underground.

City Attorney Molepske explained The Underground has an outstanding debt with the City of Stevens Point that needs to be satisfied before the license is issued.

Roll Call: Ayes all.
Nays none. Motion carried.

15. Personnel Committee meeting of May 14, 2001.

Ald. Rackow moved, Ald. Filipiak seconded, for approval of the Personnel Committee minutes of May 14, 2001.

Roll Call: Ayes all.
Nays none. Motion carried.

16. Board of Public Works meeting of May 14, 2001.

Ald. Nealis moved, Ald. Phillips seconded, for approval of the Board of Public Works minutes of May 14, 2001.
Ald. Walther reminded the residents the adoption of the ordinance to install stop signs east and west on Fourth Avenue at Illinois Avenue will come before the council in June.

Roll Call: Ayes: Ald. Walther, Filipiak, Seiser, Sowieja, Barr, Rackow, Molski, Nealis, Phillips, Moore.
Nays: None. Motion carried.

17. Preliminary resolution - sanitary sewer lateral - 407 Green Avenue.

Ald. Molski moved, Ald. Seiser seconded, for adoption of the preliminary resolution - sanitary sewer lateral at 407 Green Avenue.

Roll Call: Ayes: Ald. Moore, Phillips, Nealis, Molski, Rackow, Barr, Sowieja, Seiser, Filipiak, Walther.
Nays: None. Motion carried.

18. Ordinance - Traffic Studies -

9.05(e) Eliminate the thirty-minute parking zone located in the 500 block of Isadore Street.
9.05(j) Create "No Parking" here to corner on west side of Strongs Avenue south of Main Street.
9.05(k) Eliminate loading zone west side of Strongs Avenue south of Main.
9.05(a) Establish "No Parking" 8:00 A.M. to 4:00 P.M., except weekend and holidays on the north side of Ellis Street east of Church Street.

Ald. Nealis moved, Ald. Phillips seconded, for adoption of the ordinance.

Roll Call: Ayes: Ald. Moore, Phillips, Nealis, Molski, Rackow, Barr, Sowieja, Seiser, Filipiak, Walther.
Nays: None. Motion carried.

19. Finance Committee meeting of May 14, 2001.

Ald. Barr moved, Ald. Sowieja seconded, for approval of the Finance Committee minutes of May 14, 2001.

Roll Call: Ayes: Ald. Walther, Filipiak, Seiser, Sowieja, Barr, Rackow, Molski, Nealis, Phillips, Moore.
Nays: None. Motion carried.

20. Special Finance Committee meeting of May 21, 2001.

Clerk Zdroik read the minutes of the Special Finance Committee meeting of May 21, 2001.
Ald. Barr moved, Ald. Moore seconded, for approval of the Special Finance Committee minutes of May 21, 2001.

Roll Call: Ayes: Ald. Moore, Phillips, Nealis, Molski, Rackow, Barr, Sowieja, Seiser, Filipiak, Walther.
Nays: None. Motion carried.

21. Initial Resolution - authorizing the issuance of not more than $1,150,000 General Obligation Refunding Bonds.

Mayor Wescott pulled this item and scheduled a Special Common Council meeting for Wednesday, May 23, 2001.

22. Resolution - authorizing and providing for the sale and issuance of $1,150,000 General Obligation Refunding Bonds, Series 2001, and all related details.

Mayor Wescott pulled this item and scheduled a Special Common Council meeting for Wednesday, May 23, 2001.

23. Board of Park Commissioners meeting of May 2, 2001.

Ald. Molski moved, Ald. Phillips seconded, for approval of the Board of Park Commissioners minutes of May 2, 2001.

Roll Call: Ayes all.
Nays none. Motion carried.

24. Board of Water and Sewage Commissioners meeting of May 7, 2001.

Ald. Phillips moved, Ald. Moore seconded, for approval of the Board of Water and Sewage Commissioners of May 7, 2001.

Roll Call: Ayes: Ald. Walther, Filipiak, Seiser, Sowieja, Barr, Rackow, Molski, Nealis, Phillips, Moore.
Nays: None. Motion carried.

25. Redistricting Committee meeting of May 9, 2001.

Ald. Rackow moved, Ald. Seiser seconded, for approval of the Redistricting Committee minutes of May 9, 2001.

Ald. Nealis moved, to refer the issue of the creation of the number of wards in the city back to the Redistricting Committee for reconsideration to increase the number of wards to thirteen.

Ald. Nealis’ motion died due to a lack of a second.
Roll Call: Ayes: Ald. Walther, Filipiak, Seiser, Sowieja, Barr, Rackow, Molski, Phillips, Moore.
Nays: Ald. Nealis.
Ayes - 9. Nays - 1. Motion carried.

26. Telecommunications Commission meetings of April 19, 2001 and May 15, 2001.

Ald. Rackow moved, Ald. Walther seconded, for approval of the Telecommunications Commission minutes of April 19, 2001, and May 15, 2001.

Roll Call: Ayes all.
Nays none. Motion carried.

27. Reports -

Comptroller-Treasurer’s report - March 2001.
Police and Fire Commission meeting of May 15, 2001.

Ald. Phillips moved, Ald. Seiser seconded, to accept the reports and place them on file.

Roll Call: Ayes all.
Nays none. Motion carried.

28. Appointments by Mayor.

LINCOLN CENTER STUDY COMMITTEE

Alderperson Neal Nealis 1734 Pine Street
Alderperson Bernice Sevenich 1324 Fourth Avenue
Alderperson Mike Phillips 2302 Water Street
Community Development Director Gardner - ex-officio 1515 Strongs Avenue
Public Works Director Van Alstine - ex-officio 1515 Strongs Avenue

Ald. Seiser moved, Ald. Molski seconded, for confirmation of the Mayor’s appointments.

Roll Call: Ayes all.
Nays none. Motion carried.

29. Persons who wish to address the mayor and council for up to three (3) minutes on non-agenda item, and time strictly enforced.

Mike Nigbor is here to ask the City Council on behalf of the Coalition of Wisconsin Health to consider their Wisconsin Universal Health Plan. End the health insurance fears by supporting the Universal Health Insurance plan.

30. Adjournment - 8:25 P.M.

The meeting minutes reproduced on this website are derived from the computer files used to produce the official minutes for the City of Stevens Point, but are unofficial. The minutes on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables, maps, and other documents that are a part of the official minutes are not included in the files reproduced on this website. Please consult the printed minutes, available in the City Clerk's Office, for the official text. The decisions made by City of Stevens Point boards, committees, and commissions (other than the Police & Fire Commission) are advisory only and are not binding on the city until affirmed at a meeting of the Common Council. Some of the minutes on this web site might not be approved by the Common Council as of today.