Details for 099: DISPLAY CC Minutes 4-15-19 and 4-16

COMMON COUNCIL OFFICIAL PROCEEDINGS Cory Mason, Mayor Tara Coolidge, City Clerk City Council Chamber Racine, Wisconsin Monday, April 15, 2019 7:00 PM Mayor Mason asked to be excused. President Meekma presided over the Common Council meeting. Call To Order PRESENT: 14 - Coe, Jones, Tate II, Larrin, Smetana, Weidner, Horton, Shakoor II, McCarthy, Glenn, Land, Perez, Meekma and Lemke EXCUSED: 1 - Morgenroth Pledge of Allegiance To The Flag Council President Meekma led the Council in the Pledge of Allegiance to the Flag. Proclamations 0439-19 Subject: Fair Housing Month Proclamation 0440-19 Subject: National Community Development Week Proclamation Approval of Journal of Council Proceedings (Minutes) April 3, 2019 Alder Shakoor II made a motion to approve the minutes, seconded by Alder Coe. Public Hearings ZOrd.000219 Zoning Ordinance 000219 - Small Wireless Facility Aesthetics Sponsors: Jason Meekma No one from the public appeared to speak. President Meekma declared the public hearing closed. Public Comments No one from the public appeared to speak. Communications Refer to Finance and Personnel Committee, by Ald. Shakoor II 0394-19 Subject: Communication from the City Attorney submitting the claim of Masharaya Bostick for consideration. Referred to Finance and Personnel Committee 0410-19 Subject: Communication from the City Attorney submitting the claim of Tammy Ruggaber for consideration. Referred to Finance and Personnel Committee 0411-19 Subject: Communication from the City Attorney submitting the claim of Fard Mohammed for consideration. Referred to Finance and Personnel Committee 0412-19 Subject: Communication from the City Attorney requesting authorization to represent employees and officials in the case of Tyran Pinkins v. City of Racine, et al, U.S. Court Eastern District of Wisconsin Case No. 2-19-CV-00368-PP. Sponsors: Q.A. Shakoor II Referred to Finance and Personnel Committee 0413-19 Subject: Communication from the City Attorney requesting authorization to represent employees and officials in the case of Charles A. House v. Scott M. Cleland, et al., U.S. District Court Eastern District of Wisconsin Case No. 2:19-CV-00397-LA. Referred to Finance and Personnel Committee 0414-19 Subject: Communication from the City Attorney submitting the claim of Brinelle Nabors for reimbursement of attorney fees pursuant to Wisconsin Statute section 895.35(2)(b). Sponsors: Q.A. Shakoor II Referred to Finance and Personnel Committee 0429-19 Subject: Communication from Mayor Mason requesting the transfer of property addressed 1125 Center Street (Parcel# 01511000), acquired through the In Rem tax foreclosure process, to St. Paul Missionary Baptist Church. Sponsors: Q.A. Shakoor II Referred to Finance and Personnel Committee 0430-19 Subject: Communication from Mayor Mason requesting approval of a Parking Facility Lease Agreement and a Parking Facility Offer to Purchase and Addendum with Racine Harborside, LLC (Royal Capital Group) regarding the @NorthBeach Development at 1129 Michigan Boulevard. Sponsors: Q.A. Shakoor II Referred to Finance and Personnel Committee 0431-19 Subject: Communication from Mayor Mason requesting approval of a Condominium Declaration (for a Parking Facility) with Racine Harborside, LLC (Royal Capital Group) regarding the @NorthBeach Development at 1129 Michigan Boulevard. Sponsors: Q.A. Shakoor II Referred to Finance and Personnel Committee 0432-19 Subject: Communication from Mayor Mason requesting approval of an Escrow Agreement with Racine Harborside, LLC (Royal Capital Group) regarding the @ NorthBeach Development at 1129 Michigan Boulevard. Sponsors: Q.A. Shakoor II Referred to Finance and Personnel Committee Refer to Public Works and Services Committee, by Ald. Tate II 0354-19 Subject: Communication from the Racine Arts Council requesting to close 5th Street, from Main Street to Wisconsin Avenue, from 12:00 p.m. Friday, May 31, 2019, until 7:00 p.m. Sunday, June 2, 2019, for the annual Monument Square Art Festival. Sponsors: John Tate II Referred to Public Works and Services Committee 0372-19 Subject: Communication from the Eagle’s Club requesting permission to close the 300 block of Hamilton Street from 11 a.m. to 6 p.m., on Sunday, June 23, 2019, for the annual Eagle’s Club Car and Motorcycle Show to benefit the Lew Reed Spinal Cord Injury Fund. Sponsors: John Tate II Referred to Public Works and Services Committee 0392-19 Subject: Communication from Marci Bruley requesting permission to place an awning with signage over City right of way at 236 Main Street. Sponsors: John Tate II Referred to Public Works and Services Committee 0393-19 Subject: Communication from Alder Larrin requesting parking restriction changes in the 1600 block of Douglas Avenue. Referred to Public Works and Services Committee Refer to Public Safety and Licensing Committee, by Ald. Coe 0264-19 Subject: (New) Application of Map Sixth Street, LLC DBA: The Nash, Mark A. Porcaro, Agent, for a Change of Agent for a “Class B” Fermented Malt Beverage and Intoxicating Liquor License for 522 Sixth Street. (1st District) Referred to Public Safety and Licensing Committee 0355-19 Subject: (New) Application of Main Massage, LLC Jingai Wang, Owner for a Massage Establishment Permit for 1324 N. Main Street. (4th District) Referred to Public Safety and Licensing Committee 0433-19 Subject: (New) Application of Racine Labor Hall, Inc. DBA: Racine Labor Center, Louise A. Madala, Agent, for a Change of Agent for a “Class B” Fermented Malt Beverage and Intoxicating Liquor License for 2100 Layard Avenue. (7th District) Referred to Public Safety and Licensing Committee Refer to City Plan Commission, by Alder Shakoor II 0437-19 Subject: Communication from Alder Jones requesting that the action of the Common Council of January 15, 2019, granting a conditional use permit to Fury II, LLC, to allow mixed use in an existing building, at 1800 Clark Street and 1825 Holborn Street, be rescinded, and that Resolution 0996-18, dated January 15, 2019, be rescinded. Alder Jones requested to suspend the rules of council and take up item 0437-19 on the floor. A motion was made by Alder Glenn, seconded by Alder McCarthy, that this Communication be Referred. The motion PASSED by the following vote: AYES: 7 - Coe, Tate II, Shakoor II, McCarthy, Glenn, Land and Lemke NOES: 6 - Jones, Larrin, Smetana, Weidner, Horton and Perez EXCUSED: 1 - Morgenroth Committee Reports Finance and Personnel Committee Report, by Ald. Shakoor II 0320-19 Subject: Developers Agreement for The Villages, Phase 1, LLC Recommendation of the Waterworks Commission on 3-26-19: Approve. Recommendation of the Finance & Personnel Committee on 04-08-2019: To Approve. Sponsors: Q.A. Shakoor II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0328-19 Subject: Communication from Chief Howell requesting to sole source K-9 acquisitions. Recommendation of the Finance & Personnel Committee on 04-08-19: Permission be granted to sole source Police Department K-9 acquisitions through Racine Police Officer Steven Beal dba Patriot K-9, LLC. Sponsors: Q.A. Shakoor II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0329-19 Subject: Communication from Chief Howell requesting approval to purchase K-9 Maxx from Patriot K-9 LLC. Recommendation of the Finance & Personnel Committee on 04-08-2019: Permission be granted to purchase K-9 “Maxx”, a 20 month old AKC registered male German Shepherd from Patriot K-9, LLC. Sponsors: Q.A. Shakoor II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0338-19 Subject: Purchasing Agent wishing to discuss the bid results for Official Notice #22019 - Request for Proposals for Biergarten Concession Services. Recommendation of the Finance & Personnel Committee on 04-08-2019: That the Purchasing Agent be authorized to negotiate and contract with Hop Heads Hospitality & Events for the provision of Belle City Biergartens. Sponsors: Q.A. Shakoor II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent Public Works and Services Committee Report, by Ald. Tate II 0078-19 Subject: Communication from the Mayor and Alder Lemke requesting the amendment of the Code of Ordinances to address zoning, aesthetic, undergrounding and spacing standards for mobile tower siting within the City of Racine. Recommendation of the Public Works and Services Committee on 02-12-19: Defer until the March 12, 2019, Public Works and Services Committee meeting. Recommendation of the Public Works and Services Committee on 03-12-19: Defer until the March 26, 2019, Public Works and Services Committee meeting. Recommendation of the City Plan Commission on 03-28-19: That the request be received and filed. Recommendation of the Public Works and Services Committee on 04-09-19: Approve and adopt Ordinance 0002-19, Small Wireless Facility Aesthetics. A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0279-19 Subject: Final Payment on Contract 20180028, PS - 2018 Pavement Inspection and Planning, AECOM, consultant. Recommendation of the Public Works and Services Committee on 04-09-19: That the work done by AECOM, under Contract 20180028, PS - 2018 Pavement Inspection and Planning, be accepted and final payment authorized for a total contract amount of $82,437.98. Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0280-19 Subject: Communication from the RYDE General Manager submitting a report for year 2018 and 4th quarter 2018. Recommendation of the Public Works and Services Committee on 04-09-19: Receive and file. A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0300-19 Subject: (Direct Referral) Change Order No. 1 on Contract 20180130, Civic Centre Colonnade Restroom Renovation, Absolute Construction Enterprises, Inc., contractor. Recommendation of the Public Works and Services Committee on 04-09-19: That Change Order No. 1 on Contract 20180130, Civic Centre Colonnade Restroom Renovations, Absolute Construction Enterprises, Inc., contractor, be approved in the amount of $2,573.26. Further recommends that funding to defray the cost of the change order be appropriated from Org Object 60622-57200, Civic Centre Building Improvements. Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0311-19 Subject: (Direct Referral) Communication from the Assistant Commissioner of Public Works/City Engineer requesting approval of the Transportation Project Plat and acquisition of property for State Project ID: 2703-00-24, 16th Street - Racine Street (STH 32) to Main Street. Recommendation of the Public Works and Services Committee on 04-09-19: That approval be granted for the Transportation Plat and acquisition of property for State Project ID: 2703 00 24, 16th Street Racine Street (STH 32) to Main Street. Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0323-19 Subject: (Direct Referral) Communication from the Transit and Parking System Manager requesting authorization for the Mayor and City Clerk to sign the 2019 Urban Mass Transit Paratransit Assistance Contract between WisDOT and the City of Racine (Grant Control No. 00230). Recommendation of the Public Works and Services Committee on 04-09-19: The Mayor and City Clerk be authorized and directed to sign the 2019 Urban Mass Transit Paratransit Assistance Contract between WisDOT and the City of Racine (Grant Control No. 00230). Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0332-19 Subject: (Direct Referral) Change Order No. 1 on Contract 20180021, 2018 Assessable Streets and Alley Paving, Cornerstone Pavers, LLC, contractor. Recommendation of the Public Works and Services Committee on 04-09-19: That Change Order No. 1 on Contract 20180021, 2018 Assessable Streets and Alley Paving, Cornerstone Pavers, LLC, contractor, be approved in the amount of $47,763.18. Further recommends that funding to defray the cost of the change order be appropriated from Org-Object 45040-57500, Concrete Street Paving, Misc. Locations. Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0350-19 Subject: (Direct Referral) Communication from Discover Douglas requesting to place planters in the median area of Douglas Avenue and Charles Street. Recommendation of the Public Works and Services Committee on 04-09-19: Approve placing of planters in the median area of Douglas Avenue and Charles Street. Further recommends a revocable permit be executed and a $75.00 processing fee paid. A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0351-19 Subject: (Direct Referral) Change Order No. 3 on Contract 20170048, Sidewalk Repairs (R1), RAZA of Racine, LLC, contractor. Recommendation of the Public Works and Services Committee on 04-09-19: That Change Order No. 3 on Contract 20170048, Sidewalk Repairs (R1), RAZA of Racine, LLC, contractor, be approved in the amount of $73,869.27. Further recommends that funding to defray the cost of the change order be appropriated from Org-Object 45040-57515, Sidewalks. Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0352-19 Subject: Final Payment on Contract 20170048, Sidewalk Repairs (R1), RAZA of Racine, LLC, contractor. Recommendation of the Public Works and Services Committee on 04-09-19: That the work done by RAZA of Racine, LLC, under Contract 20170048, Sidewalk Repairs (R1), be accepted and final payment authorized for a total contract amount of $486,232.66. Final Payment to include retainage. Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0353-19 Subject: (Direct Referral) Communication from Racine Area Veteran’s, Inc., requesting to use City right of way for the Memorial Day Parade on Monday, May 27, 2019. Recommendation of the Public Works and Services Committee on 04-09-19: That permission be granted to Racine Area Veteran’s, Inc. to close certain City streets on Monday, May 27, 2019, between 9:00 a.m. and 12:00 p.m. for the Memorial Day Parade. Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0363-19 Subject: Bid Results on Contract 20190017, 2019 CDBG Resurfacing. Recommendation of the Public Works and Services Committee on 04-09-19: That bids for Contract 20190017, 2019 CDBG Resurfacing, be awarded to Payne & Dolan, Inc., at its bid price of $623,568.62, it being the lowest responsible bidder. Further recommends that funds to defray the cost of this Public Works Department project be appropriated from the below Org Objects: $ 92,033.11 - Sanitary Sewers $ 50,965.47 - Storm Sewers $ 21,614.00 - Curb & Gutter Replacement $ 52,794.64 - Sidewalk Replacement $ 1,454.40 - Crosswalk Ramps $ 404,707.00 - CDBG Paving (60000017 Bricks & Mortar HUD Paving) $623,568.62 - Total Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0364-19 Subject: Bid Results on Contract 20190027, Concrete Street Reconstruction. Recommendation of the Public Works and Services Committee on 04-09-19: That bids for Contract 20190027, Concrete Street Reconstruction, be awarded to A.W. Oakes & Son, Inc., at its bid price of $1,570,467.00, it being the lowest responsible bidder. Further recommends that funds to defray the cost of this Public Works Department project be appropriated from the below Org Objects: $ 849,234.07 - DPW Paving $ 73,031.00 - DPW Sidewalks $ 281,410.41 - Storm Sewers $ 292,196.52 - Sanitary Sewers $ 74,595.00 - Replace City Circuits $1,570,467.00 - Total Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0365-19 Subject: Bid Results on Contract 20190029, Uptown Pass Through Park. Recommendation of the Public Works and Services Committee on 04-09-19: That bids for Contract 20190029, Uptown Pass Through, be awarded to A.W. Oakes & Son, Inc., at its bid price of $209,500.00, it being the lowest responsible bidder. Further recommends that funds to defray the cost of this Public Works Department project be appropriated from Org Object 40019-57110-60023, Uptown Pass Through Park. Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0366-19 Subject: (Direct Referral) Amendment No. 5 to State Project ID: 2440-09-00, Washington Avenue (STH 20) - Roosevelt Avenue to West Boulevard. Recommendation of the Public Works and Services Committee on 04-09-19: That Amendment No. 5 to the Three-Party Contract between the City of Racine, WisDOT and Strand Associates, Inc., for State Project ID: 2440-09-00, Washington Avenue (STH 20) - Roosevelt Avenue to West Boulevard, as submitted, be approved. (City Contract 20150067) Sponsors: John Tate II A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0373-19 Subject: (Direct Referral) Communication from the Racine Police Department requesting the west curb on Geneva Street, just south of Hamilton Street, be posted as Law Enforcement Only parking. Recommendation of the Public Works and Services Committee on 04-09-19: Recommends that the request to add Law Enforcement Vehicle Parking Only on Geneva Street adjacent to the COP House be granted. A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0415-19 Subject: Ordinance 0008-19, Right-ofWay Enchroachments. Recommendation of the Public Works and Services Committee on 04-09-19: Amend Section 82 143 (b) to change the wording as follows: “ Licenses issued by the Director of City Development or their designee shall be issued annually, concurrent with the issuance of their business license”, and as amended, Ordinance 0008-19, Right-of-Way Encroachments, be adopted. A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0416-19 Subject: In accordance with Section 2-95 of the Municipal Code of the General Ordinances of the City of Racine, recommends that the following requests for changes in traffic code be granted: A. Recommends that Section 94-147(a) of Schedule H of the Municipal Code of the General Ordinances of the City of Racine relative to “Stopping, standing, or parking prohibited in places reserved for law enforcement vehicles; where permitted” be amended: By Including: 1.Geneva Street, west side, from Hamilton Street south 40 feet. A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent Public Safety and Licensing Committee Report, by Ald. Coe 0276-19 Subject: (Direct Referral) Request of the Committee for the appearance of Candice Streeter, applicant for an Operator’s License. Recommendation of the Public Safety and Licensing Committee on 03-26-19: That the operator license application for Candice Streeter be deferred for two weeks. Recommendation of the Public Safety and Licensing Committee on 04-09-19: That the operator license application for Candice Streeter be denied. A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent City Plan Commission Report, by Ald. Shakoor II 0387-19 Subject: (Direct Referral) Request by Habeeb Ali Hasan seeking a conditional use permit for a building addition to accommodate a carryout restaurant at 3024 Rapids Drive. (PC-19) Recommendation of the City Plan Commission on 4-10-19: That the request by Habeeb Ali Hasan seeking a conditional use permit for a building addition to accommodate a carryout restaurant at 3024 Rapids Drive be approved subject to conditions. Sponsors: Jason Meekma A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0422-19 Subject: (ZOrd.0002-19) An ordinance to create Chapter 114, Article VII, Division 13 - Small Wireless Facility Aesthetics, of the Municipal Code of the City of Racine, Wisconsin. Recommendation of the City Plan Commission on 4-10-19: That the ordinance be adopted. A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent Office of the Mayor, By Alder Shakoor II 0420-19 Subject: (Direct Referral) Communication from Mayor Mason requesting approval to apply for a $100,000 grant from the Kresge Foundation as part of their Advancing Health Equality through housing funding opportunity, application due by May 7th, 2019 (Grant Control #00236). A motion was made that this communication and any associated resolution be approved as presented. The motion was APPROVED on a Voice Vote in Consent 0436-19 Subject: (Direct Referral) Communication from Mayor Mason appointing and reappointing the following: Reappointing Mohammed Rafiullah to the Board of Health for a term expiring April 30, 2021 Appointing Alder Lemke to the Board of Health for a term expiring April 20, 2020 Appointing Alder Horton to the Board of Health for a term expiring April 20, 2020 Reappointing Alder Land to the Board of Park, Recreation & Cultural Services for a term expiring April 20, 2020 Reappointing Alder Larrin to the Board of Park, Recreation & Cultural Services for a term expiring April 20, 2020 Appointing Alder Elect Jung to the City Plan Commission for a term expiring April 20, 2020 Appointing Alder Glenn to the Board of Cemetary Commissioners for a term expiring April 20, 2020 Alder Glenn requested that item 0436-19 be considered separately. A motion was made that this communication be approved with the exception of Alder Glenn’s appointment to the Board of Cemetery Commissioners at her request. The motion was APPROVED on a voice vote. Common Council Vote on Consent Agenda (Communications, Committee Reports, Resolutions) Council Action on Consent Agenda Items A motion was made by Alder Shakoor II, seconded by Alder Coe,that this be Considered as Reported by the following vote AYES: 13 - Coe, Jones, Tate II, Larrin, Smetana, Weidner, Horton, Shakoor II, McCarthy, Glenn, Land, Perez and Lemke EXCUSED: 1 - Morgenroth Common Council Announcements Announcements are limited to recognition of City residents and employees, memorials, and non political community events. Discussion of matters related to governmental business is prohibited. Adjourn Alder Shakoor II made a motion to adjourn the meeting at 7:48 PM. The next scheduled meeting of the Council is April 16, 2019. ATTEST: TARA COOLIDGE CITY CLERK City Council Chamber Racine, Wisconsin Tuesday, April 16, 2019 7:00 PM Mayor Mason asked to be excused. City Clerk Tara Coolidge presided over the Common Council meeting until a temporary chair was elected. Call To Order PRESENT: 14 - Coe, Jones, Tate II, Larrin, Levie, Horton, Shakoor II, Jung, Glenn, Land, Perez, Taft, Meekma and Lemke EXCUSED: 1 - Weidner Pledge of Allegiance To The Flag City Clerk Tara Coolidge led the Council in the Pledge of Allegiance to the Flag. City Clerk administers the Oath of Office to the Alders Elect from Districts 1, 3, 5, 7, 9, 11, 13, 15 Election of President of Council Elected Chair Alder Shakoor II presided over the council for the vote for council president. Alder Lemke made a motion to nominate Alder Meekma for council president, seconded by Alder Jung. Alder Land made a motion to close the nomination period, seconded by Alder Coe. Approved Council Chair Alder Shakoor II opened the floor to elect a new council president. The result of the election is as follows: Alder Meekma: 12 - Coe, Jones, Tate II, Larrin, Levie, Horton, Jung, Land, Perez, Taft, Meekma and Lemke Alder Weidner: 1 Glenn Alder Meekma was elected council president, 12 to 1. The newly reelected council president Alder Meekma presided over the remainder of the council. Proclamation 0451-19 Women’s Suffrage Act Subject: Proclamation Standing Committee Appointments The committee appointments are as follows: Finance and Personnel: Alder Shakoor II, Alder Land, Alder Taft, Alder Larrin and Alder Meekma Public Works and Services: Alder Tate II, Alder Jones, Alder Jung, Alder Levie, and Alder Perez Public Safety and Licensing: Alder Coe, Alder Horton, Alder Lemke, Alder Weidner, and Alder Glenn New Elected Alders Introduce their Family and Friends in Attendance Adjourn Alder Shakoor II made a motion to adjourn the meeting at 7:35 PM. The next scheduled meeting of the Council is May 7, 2019. ATTEST: TARA COOLIDGE CITY CLERK WNAXLP

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