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

Excused: Ald. Seiser

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


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

Mayor Wescott said the average amount of precipitation for the last 27 years in June has been 3.8 inches in Stevens Point. So far in the month of June, 2001, we have had 6.6 inches of rain.

Mayor Wescott announced the Portage County Public Safety Committee last Wednesday voted to recommend the County Board at its July meeting issue a letter of written notice to the City terminating the ambulance contract. The County has some financial concerns with the ambulance contract. The Mayor does not think it is necessary for the County Board to formally cancel the service. The concerns of the County are of a business nature and not of the medical nature.

Mayor Wescott reviewed his notes from the comments he made to the alderpersons back in January and is very proud of the City Council and staff for the significant progress that has been made by working together.

3. Approval of minutes of the Regular Common Council meeting of May 21, 2001, and the Special Common Council meeting of May 23, 2001.

Ald. Rackow moved, Ald. Molski seconded, for approval of the regular Common Council minutes of May 21, 2001, and the Special Common Council minutes of May 23, 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.

Ken Dachyk Item #24 - Ordinance - Traffic Studies
2264 Fourth Avenue
Stevens Point WI 54481

5. Resolution - authorizing Marcus Cable Partners - dba Charter Communications to temporarily operate the cable communications system.

Attorney Grogan reported there has not been a significant amount of progress since he talked to the Council about a year ago in terms of cable negotiations with Charter for a new cable franchise. Letters have been exchanged between Charter and the City trying to create a package deal whereby Charter has proposed a number of concessions to try to meet some of the City’s goals in achieving an acceptable franchise document. To date, Charter and the City have not reached a consensus on the terms for such a package deal. The main hangups for this negotiation continues to be the Institutional Network which is a dedicated network that will service the schools and publicly owned facilities for voice, video and data communications. The dollar issue involved is fairly significant and that issue has really presented a hangup for the negotiation.

Mayor Wescott asked why should the City Council extend the franchise agreement again?

Attorney Grogan said the City has to follow a federal law that says the cable company can continue to operate the cable system until the City either accepts or rejects the cable operator’s request for franchise renewal. Charter properly submitted a request for renewal of its cable franchise. The burden rests with the City to either reject the request for franchise renewal or accept it. So until the City does that, Charter has a legal right to continue to operate under its existing franchise. The City can reject the request for renewal to the extent the City will have a written record that supports the denial of franchise renewal. Under federal statute, there are several reasons why a City could reject a request for franchise renewal. Two of them have to do with the operator’s past performance and in this case, the City has never taken action to find Charter in default of the franchise where the default has not been cured. So it is unlikely the City could support a denial based on those criteria. The third criteria is the cable company must have the necessary legal, technical and financial qualifications to operate the cable system. Since Charter has been operating the cable system, it will be hard pressed to conclude Charter does not posses the qualifications to continue to operate. The final criteria is whether the operator’s proposal is reasonable to meet the City’s future needs and interests. If the City wishes to pursue an agenda where the City can make a decision whether to accept or reject the request for renewal, then the City has to take the needs that have been identified already, package them into a formal proposal for Council approval.

What would happen tonight if the City Council voted not to extend the franchise agreement one more time, asked Mayor Wescott?

If the City continues informal negotiations, Attorney Grogan does not see why the City would not continue to extend because there is not much of a defense in court for the City’s position. Attorney Grogan advised all along the City is better off granting an extension to the cable operator until the City is ready to go through the formal process.

Ald. Nealis asked how typical is it for a community the size of Stevens Point to pursue and obtain as I-Net?

Attorney Grogan said when the franchises were first granted in the early 1980s, Institutional Networks were very common. Cable operators were using the Institutional Networks as negotiation tools. In terms of how common it is today, it is becoming increasingly more difficult as cable operators try to get the extra dollars they think they can accumulate by selling these services instead of giving them to cities or school districts. It is not unique to negotiate Institutional Network. The question of how aggressive and how sophisticated of an Institutional Network the city is going to pursue. At this time, the City is pursuing a fairly aggressive Institutional Network.

Mayor Wescott said it is more than an I-net issue. The City has placed in front of the representatives of Charter a counter proposal that says if I-Net is off the table, it is worth X number of years in the agreement.

Attorney Grogan emphasizes the I-Net issue because over the course of the lengthy negotiations that has been proven to be the most difficult issue to get through.

Mayor Wescott reminded the Council members to keep in mind, you are asking for a state of the art contract. Since the city negotiates the cable contract every 15 or 20 years, you should expect it to take some time.

Attorney Grogan senses the frustration on the part of the City of not moving forward with the negotiations. This is not a typical time frame for a franchise renewal to be extended. As the Mayor stated, the City is seeking a state of the art contract with Charter Communications.

Ald. Rackow moved, Ald. Sowieja seconded, for adoption of the resolution authorizing Marcus Cable Partners - dba Charter Communications to temporarily operate the cable communications system.

Ald. Rackow said the response for the last proposal sent to Charter Communications is not due for several more days. In order to protect the 5% franchise fee the City is receiving from Charter Communications, this is the course of action that is most advisable.

Ald. Phillips said he is not in favor of granting Charter Communications another extension. For over a year, the City of Stevens Point has been working with Charter discussing the same issues. The alderman feels the City is at an impasse with Charter Communications and the City should take the next step to move forward.

Ald. Walther feels the frustration of not moving forward with the negotiation process with Charter Communications. The alderman believes denying the extension will cause another setback.

Roll Call: Ayes: Ald. Sevenich, Walther, Filipiak, Sowieja, Barr, Rackow, Molski, Moore.
Nays: Ald. Nealis, Phillips.
Ayes - 8. Nays - 2. Motion carried.

6. Plan Commission meeting of June 4, 2001.

Ald. Phillips moved, Ald. Sevenich seconded, for approval of the Plan Commission minutes of June 4, 2001.

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

7. Public hearing - request of Stevens Point Housing Authority to construct a telecommunications tower at 1300 Briggs Court as a Conditional Use, was declared open by the Mayor.

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

8. Resolution on the above.

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

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

9. Public hearing - request of Community State Bank to construct telecommunications towers at Community First Banks at 3273 Church Street and at 5525 Highway 10 East as Conditional Use, was declared open by the Mayor.

J. G. Rosholt, President of Community First Bank, said his request is to have a tower built to house their communication devises. Mr. Rosholt is trying to run his institution in a fiscally responsible way as possible. The telecommunications needs for the Community First Banks are necessary for the bank to make progress. Mr. Rosholt stated the two towers requested would be similar to television antennas. The visual impact of the towers is minimal since they will be primarily hidden by trees.
Mayor Wescott declared the public hearing closed.

10. Resolution on the above.

Director Gardner stated the owner of the bank has indicated they are currently using telephone lines but the antennas would be less costly. The antenna at 3273 Church Street will be placed on the roof and have a line of sight to the Highway 10 E building. The antenna at 5525 Highway 10 E must be placed on top of a tower in order to gain line of sight with the bank building at 3273 Church Street and the bank in Rosholt.

Ald. Rackow noted most of the discussion was focused on the Highway 10 E location. Only a short tower would be needed at the Church Street location.

Ald. Filipiak asked if it would make sense to approve only one request of Community State Bank to construct a telecommunications tower?

J. G. Rosholt said it would not benefit the bank if only the request to construct a tower at 3273 Church Street is approved. The line of sight to the Rosholt bank would not be there.

Ald. Rackow moved, Ald. Phillips seconded, to deny the request of Community State Bank to construct telecommunications towers at Community First Banks at 3273 Church Street and at 5525 Highway 10 East as a conditional use.

Ald. Rackow said there is an alternative which is to use digital telephone lines. The alderman feels the bank at 5525 Highway 10 E is too close to the residential properties to the south.

Ald. Sowieja does not feel an 80 foot tower constructed at 5525 Highway 10 E will create an eye sore. No objections from the neighboring properties were received. The alderman is in favor of this request.

Ald. Nealis questioned why the City is allowing towers in our parks and denying the request of a private sector.

Mayor Wescott asked if the Council were to approve this conditional use, is there a precedence set for these towers to be in residential neighborhoods?

City Attorney Molepske said each request has its own merit. In a conditional use situation, the facts should be looked at and if the criteria is met approval can be granted. If the standards have not been met, approval should not be granted.

Mayor Wescott stated one of the concerns is this type of tower appearing elsewhere in the community closer to residential areas.

Director Gardner said yes, that is one of the concerns.

Mayor Wescott said this request would be alright if we are not setting a precedence. The Mayor does not want to see towers constructed all over in the City.

City Attorney Molepske noted towers are not permitted in residential areas.

Director Gardner said he currently has two franchises looking for antenna sites. Both of these sites are located in commercially zoned areas but are adjacent to residential areas. Antennas are not allowed in residential zones, however, there are plenty of cases in the City where you have industrial or commercial zones directly adjacent to residential zones.

Mayor Wescott stated if the Council grants the conditional use permit, you have created a precedence.

Director Gardner explained the difference between granting permission for antennas and towers. The only new tower that has gone up in the city limits which was construct before the current ordinance was in place is the tower at the 51/10 motel. All the others are on existing structures.

Roll Call: Ayes: Ald. Moore, Phillips, Rackow, Filipiak, Sevenich.
Nays: Ald. Nealis, Molski, Barr, Sowieja, Walther.
Ayes - 5. Nays - 5. Tie vote.
Mayor Wescott voted aye. Motion carried.

11. Public hearing - request of Partner’s Pub, 2600 Stanley Street, for a Conditional Use to operate a tavern, was declared open by the Mayor.

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

12. Resolution on the above.

Ald. Rackow moved, Ald. Moore seconded, for adoption of the resolution.

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

13. Public hearing - request of Route 66 Tap & Grill, 3276 North Point Drive, for a Conditional Use to operate a tavern, was declared open by the Mayor.

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

14. Resolution on the above.

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

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

15. Public hearing - request of The Underground, 1009 Clark Street, for a Conditional Use to operate a tavern, was declared open by the Mayor.

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

16. Resolution on the above.

Ald. Nealis moved, Ald. Walther seconded, for adoption of the resolution.

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

17. Public hearing - request of Iguana Club, 916 Maria Drive, for a Conditional Use to operate a tavern, was declared open by the Mayor.

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

18. Resolution on the above.

Ald. Sevenich moved, Ald. Filipiak seconded, for adoption of the resolution.

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

19. Public Protection Committee meeting of June 11, 2001.

Ald. Phillips moved, Ald. Sowieja seconded, for approval of the Public Protection Committee minutes of June 11, 2001, including the approval of the 2001-2002 "Class B" Beer and Liquor license for The Underground, 1009 Clark Street.

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

20. Ordinance - prohibiting the use of compression brakes.

Ald. Nealis moved, Ald. Molski seconded, for adoption of the ordinance - prohibiting the use of compression brakes.

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

21. Board of Public Works meeting of June 11, 2001.

Ald. Molski moved, Ald. Sowieja seconded, for approval of the Board of Public Works minutes of June 11, 2001.

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

22. Public hearing - Final resolution - sanitary sewer lateral - 407 Green Avenue, was declared open by the Mayor.

James Zdroik, 407 Green Avenue, stated he currently has a 15-year old septic system in place and feels he should be able to use his septic system for its full life.

Sharon Zdroik, 407 Green Avenue, would like to know if this is a mandatory connection? The Zdroik’s property is currently for sale. Why is this issue coming about now?

Mayor Wescott declared the public hearing closed.

23. Final resolution on the above.

Director Gardner gave a brief history of the situation on Green Avenue. The director also explained the location of the Zdroik’s property. The state law rules if sewer and water is available, you must connect. This property is also located in the recharge area of the city’s wellfield.

Ald. Molski moved, Ald. Moore seconded, for adoption of the final resolution.

Ald. Phillips asked if all the residents in Park Ridge and the residents on Weir Boulevard are connected to city sewer and water?

Director Gardner stated the City of Stevens Point has a contract with the Village of Park Ridge. To the knowledge of the Director, all the properties on Weir Boulevard in the city limits are connected to city sewer.

What does the availability of sewer and water mean, asked Ald. Sowieja?

Director Gardner said it would be the Common Council’s determination.

Ald. Sowieja is concerned with the fact the City is making the owners of 407 Green Avenue connect to city water and sewer if there are other properties in the city limits who are not connected. Why not extend a lateral 20 feet from the road where the property owners of 407 Green Avenue could connect at a later time?

Director Gardner said if city sewer is available on Weir Boulevard and the property is located in the city limits, they are connected to the city sewer.

Mayor Wescott asked in what year did the City adopt the ordinance requiring connection?

Director Gardner replied many years ago.

Mayor Wescott said the fact of the matter is today it is an ordinance.

Ald. Nealis asked what the cost will be for the owners of 407 Green Avenue to connect to city water and sewer?

Sharon Zdroik, property owner, stated for the installation of the sanitary lateral it will cost $2300.00. The cost is $850.00 for the water service to be connected to a manhole. To have an excavating company come and dig 350' to their home will cost $6500.00. Mrs. Zdroik stated they will also lose access to their driveway during the project.

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

24. Ordinance - Traffic Studies -

9.06(a) 139. Install stop signs east and west of Fourth Avenue at Illinois Avenue.
9.05(k) 31. Create "Loading Zone" - School Bus Parking Only on the east side of Wyatt Avenue from Lincoln Avenue to a point 165 feet south.

Ken Dachyk, 2264 Fourth Avenue, is concerned with removing the current stop signs on Illinois Avenue at Fourth Avenue. Mr. Dachyk supports a four-way stop at the intersection of Fourth Avenue and Illinois Avenue.

Ald. Walther understood at the Board of Public Works meeting, the stop signs on Illinois Avenue would be eliminated after motorists become accustomed to the stop signs on Fourth Avenue.

Mayor Wescott believes there will be a 90 day transitional period.

Ald. Walther would like the stop signs on Illinois Avenue to remain permanent.

Fire Chief Barnes does not oppose the four-way stop at Fourth Avenue and Illinois Avenue. This intersection is used quite frequently by emergency vehicles responding to calls on the north end of Portage County.

For clarification, Mayor Wescott stated the ordinance as presented will create a four-way stop at Fourth Avenue and Illinois Avenue. The two current stop signs will remain and two additional stop signs will be placed east and west on Fourth Avenue at Illinois Avenue.

Police Chief Carpenter supports the four-way stop at Fourth Avenue and Illinois Avenue if the residents are in favor of the four-way stop. The four-way stop at this intersection will provide additional safety.

Ald. Walther moved, Ald. Sowieja seconded, for adoption of the ordinance.

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

25. Finance Committee meeting of June 11, 2001.

Ald. Barr moved, Ald. Phillips seconded, for approval of the Finance Committee minutes of June 11, 2001, with item #4 pulled for further discussion.

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

Ald. Barr stated since the June Finance Committee meeting, new facts on the sale of 1540 Elk Street have surfaced.

Ald. Barr moved, Ald. Rackow seconded, to authorize city staff to negotiate and purchase the property at 1540 Elk Street within the parameters established by the Finance Committee at the meeting on June 11, 2001. The minutes should also be corrected to state that Peter Michelson is acting as agent for the property and is not the actual owner.

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

26. Personnel Committee meeting of June 11, 2001.

Ald. Rackow moved, Ald. Sevenich seconded, for approval of the Personnel Committee minutes of June 11, 2001.

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

27. Board of Park Commissioners meeting of June 6, 2001.

Ald. Molski moved, Ald. Barr seconded, for approval of the Board of Park Commissioners minutes of June 6, 2001.

Ald. Nealis feels the City should rent out 2424 Bush Street and 2432 Bush Street.

Roll Call: Ayes: Ald. Sevenich, Walther, Filipiak, Sowieja, Barr, Rackow, Molski, Moore.
Nays: Ald. Nealis, Phillips.
Ayes - 8. Nays - 2. Motion carried.

28. Board of Water and Sewage Commissioners meeting of June 11, 2001.

Ald. Sevenich moved, Ald. Phillips seconded, for approval of the Board of Water and Sewage Commissioners minutes of June 11, 2001.

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

29. Telecommunications Commission meeting of June 13, 2001.

Ald. Rackow moved, Ald. Moore seconded, for approval of the Telecommunications Commission minutes of June 13, 2001.

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

30. Reports

Comptroller-Treasurer’s report - April 2001.
Police and Fire Commission meeting of June 12, 2001.
Transportation Commission meeting of June 6, 2001.

Ald. Barr moved, Ald. Sevenich seconded, to accept the reports and place them on file.

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

31. Appointments by Mayor.

Board of Water and Sewage Commission
Historical Preservation/Design Review Commission

BOARD OF WATER AND SEWAGE COMMISSION

Edward M. Bancker, Jr. 3241 Yosemite Drive
(Unexpired term Scott Schultz - 10/01/01)

HISTORICAL PRESERVATION/DESIGN REVIEW COMMISSION

William H. Love 909 Ridge Road
(Unexpired term Selma Troyanoski - 04/17/03)

Ald. Rackow moved, Ald. Nealis seconded, for confirmation of the Mayor’s appointments.

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

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

Ald. Sowieja would like to thank the Pilots Association and the Civil Air Patrol for the great performance at the Stevens Point Airport on June 3, 2001.

33. Adjournment - 8:35 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.