Details for 099: DISPLAY CC Minutes 3-19-19 for 4-11

COMMON COUNCIL OFFICIAL PROCEEDINGS Cory Mason, Mayor Tara Coolidge, City Clerk City Council Chamber Racine, Wisconsin Tuesday, March 19, 2019 7:00 PM 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 Boy Scout Troop 480 led the Council in the Pledge of Allegiance to the Flag. Approval of Journal of Council Proceedings (Minutes) March 5th, 2019 and March 12th, 2019 A motion was made by Alder Meekma, seconded by Alder Shakoor II, to Approve the minutes. The motion PASSED by the following vote: AYES: 14 - Coe, Jones, Tate II, Larrin, Smetana, Weidner, Horton, Shakoor II, McCarthy, Glenn, Land, Perez, Meekma and Lemke ABSENT: 1 - Morgenroth Public Comments The following people appeared to speak before the Common Council: Mercedes Dzindzeleta Ken Brown Ken Yorgan Colin McKenna Terrell Walter Communications Refer to Finance and Personnel Committee, by Ald. Shakoor II 0290-19 Subject: Communication from the Assistant Commissioner of Public Works/ City Engineer requesting permission to apply for the 2019 WDNR Urban Nonpoint Source & Storm Water Planning Grant for Redevelopment Area/City Parks (Grant Control No. 00227). Sponsors: Q.A. Shakoor II Referred to Finance and Personnel Committee 0299-19 Subject: Communication from Mayor Mason requesting approval of a Developers Agreement between the City of Racine and Racine Harborside, LLC (Royal Capital Group, LLC, Manager) relating to the public improvements proposed for the @ NorthBeach Development at 1129 Michigan Blvd. Sponsors: Q.A. Shakoor II Referred to Finance and Personnel Committee 0301-19 Subject: Communication from the Mayor requesting to add one member to the Affirmative Action and Human Rights Commission to accommodate the newly created disability liaison position. Referred to Finance and Personnel Committee Refer to Public Works and Services Committee, by Ald. Tate II 0280-19 Subject: Communication from the RYDE General Manager submitting a report for year 2018 and 4th quarter 2018. Referred to Public Works and Services Committee Office of the City Clerk, by Ald. Meekma 0303-19 Subject: (Direct Referral) Communication from the City Clerk submitting the Mayor’s veto of the Common Council’s action on item 0249-19 requesting a Committee of the Whole be scheduled and held within 30 days for the purpose of discussing the contract for operating the Civic Centre. Alder Weidner requested that item 030319 be considered separately. A motion was made by Alder Weidner, seconded by Alder Smetana, that this Communication be Override the Veto. The motion PASSED by the following vote: AYES: 12 - Coe, Jones, Tate II, Larrin, Smetana, Weidner, McCarthy, Glenn, Land, Perez, Meekma and Lemke NOES: 2 - Horton and Shakoor II ABSENT: 1 - Morgenroth Committee Reports Finance and Personnel Committee Report, by Ald. Shakoor II 0166-19 Subject: Communication from multiple members of the Board of Ethics requesting an amendment of the ethics code of the ordinance to allow for a simple majority of the board to conduct business. Recommendation of the Finance & Personnel Committee on 02-25-2019: That this item be deferred to the next scheduled Finance & Personnel Committee meeting held on Monday, March 11, 2019 to allow the City Attorney’s office the opportunity to investigate state statute implications and quorum requirements. Recommendation of the Finance & Personnel Committee on 03-11-2019: That Ordinance Section 2-583(c) be repealed as it currently exists and replaced with explicit default definitions from Robert’s Rules of Order with the exception of sanctions, which will require four affirmative votes. 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 0173-19 Subject: Communication from the Fire Chief requesting permission to waive formal bidding and purchase the 2019 Defender MAX XT Rescue utility vehicle with proceeds from the Racine Community Foundation Grant and the Miller Corporation grant. (Grant Control #00169) Recommendation of the Finance & Personnel Committee on 03-11-2019: Formal bidding be waived for the purchase of a 2019 Defender MAX XT Rescue utility vehicle with proceeds from the Racine Community Foundation Grant and the Miller Corporation grant. 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 0224-19 Subject: Communication from the City Attorney submitting the claim of the City of Kenosha for consideration. Recommendation of the Finance & Personnel Committee on 03-11-2019: The City Attorney’s Office respectfully recommends that the Common Council approve the settlement of this claim. Sponsors: Q.A. Shakoor II A motion was made that this Claim be Approved. The motion was APPROVED on a Voice Vote in Consent 0227-19 Subject: Communication from the Mayor to discuss closing the Tax Incremental Financing District Number 15, Homeward Bound Site. Recommendation of the Finance & Personnel Committee on 03-11-19: To close Tax Incremental Financing District Number 15, Homeward Bound Site. 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 0232-19 Subject: Communication from the Public Health Administrator requesting permission to sign a contract agreement with the WI Dept. of Agriculture, Trade, and Consumer Protection, authorizing the City to continue administering the retail food and recreational establishment program. Recommendation of the Finance & Personnel Committee on 03-11-19: Permission be granted to the Mayor and City Clerk to sign a contract agreement with the WI Dept. of Agriculture, Trade and Consumer Protection authorizing the City to continue administering the retail food and recreational establishment program. 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 0234-19 Subject: Communication from the Public Health Administrator requesting permission to accept grant funding from the State of WI, Dept. of Administration, Division of Intergovernmental Relations, WI Coastal Management Program, in the amount of $20,992 for the Beach Management project. Recommendation of the Finance & Personnel Committee on 03-11-19: Permission be granted to the Mayor and City Clerk to accept grant funding from the State of WI, Dept. of Administration, Division of Intergovernmental Relations, WI Coastal Management Program in the amount of $20,992 for the Beach Management project. 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 0235-19 Subject: Communication from the Public Health Administrator requesting permission to accept grant funding from the State of WI Dept. of Administration, Division of Intergovernmental Relations, WI Coastal Management Program, in the amount of $20,992 for the Coastal Hazard Impacts project. Recommendation of the Finance & Personnel on 03-11-19: Permission be granted to the Mayor and City Clerk to accept funding from the State of WI, Dept of Administration, Division of Intergovernmental Relations, WI Coastal Management Program in the amount of $20,992 for the Coastal Hazard Impacts project. 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 0278-19 Subject: Ordinance 0006 - 19 - Common Council Special Meetings Recommendation of the Finance and Personnel Committee on 3-11-2019: That Ordinance 0006 - 19 to amend Chapter 2, Article II of the Municipal Code of the City of Racine, Wisconsin be approved with the modification of using uniform and contemporaneous communication manners. A motion was made that this Ordinance be Approved as Presented. The motion was APPROVED on a Voice Vote in Consent Public Works and Services Committee Report, by Ald. Tate II 1330-18 Subject: Communication from Alder Tate requesting to establish rubric and rationale for the installation of street lighting in the 2019 budget year. Recommendation of the Public Works and Services Committee on 01-08-19: Defer and direct the Commissioner to present policy on street light installations for 2019. Recommendation of the Public Works and Services Committee on 02-12-19: Defer Recommendation of the Public Works and Services Committee on 02-26-19: Defer Recommendation of the Public Works and Services Committee on 03-12-19: Approve the 2019 Street Light Capital Funding Management Proposal. 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 0066-19 Subject: (Direct Referral) Communication from Alder Tate requesting to review and amend penalties for sections 42-30, Placing or Dumping of Solid Waste and/or 42-31, Accumulation and Storage of Solid Waste. Recommendation of the Public Works and Services Committee on 02-12-19: Defer Recommendation of the Public Works and Services Committee on 02-26-19: Defer Recommendation of the Public Works and Services Committee on 03-12-19: 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 0067-19 Subject: (Direct Referral) Communication from Alder Tate requesting to review and amend regulations regarding the placement of city issued solid waste and recycling cans on residential property. Recommendation of the Public Works and Services Committee on 02-12-19: Defer Recommendation of the Public Works and Services Committee on 02-26-19: Defer Recommendation of the Public Works and Services Committee on 03-12-19: 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 0096-19 Subject: (Direct Referral) Communication from the Assistant Commissioner of Public Works/Operations submitting an amendment to the recycling contract with John’s Disposal Service, Inc. Recommendation of the Public Works and Services Committee on 02-12-19: Defer Recommendation of the Public Works and Services Committee on 02-26-19: Defer Recommendation of the Public Works and Services Committee on 03-12-19: Approve the amendment to the recycling contract with John’s Disposal Service, Inc. 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 0199-19 Subject: (Direct Referral) Communication from Alder Tate requesting to review and amend parking restrictions for the 200 block of Jones Avenue and the 1300 block of Terrace Avenue. Recommendation of the Public Works and Services Committee on 02-26-19: Defer Recommendation of the Public Works and Services Committee on 03-12-19: Recommend no change in the current parking restrictions and the item be received and filed. 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 0206-19 Subject: Communication from Yolanda Blair requesting permission to place a sign over City right of way at 1505 Washington Avenue. Recommendation of the Public Works and Services Committee on 03-12-19: That the property owner at 1505 Washington Avenue is granted permission to install a stationary projecting sign, as requested, with the stipulation that a hold harmless agreement be executed and a $150.00 processing fee paid, in accordance with State Statute 66.0425, Privileges in Streets. 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 0220-19 Subject: Change Order No. 1 on Contract 20180015, 2018 City Resurfacing Phase l (R1), A.W. Oakes & Son, Inc., contractor. Recommendation of the Public Works and Services Committee on 03-12-19: That Change Order No. 1 on Contract 20180015, 2018 City Resurfacing Phase l (R1), A.W. Oakes & Son, Inc., contractor, be approved in the amount of $28,671.78. 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 0221-19 Subject: Final Payment on Contract 20180015, 2018 City Resurfacing Phase l (R1), A.W. Oakes & Son, Inc., contractor. Recommendation of the Public Works and Services Committee on 03-12-19: That the work done by A.W. Oakes & Son, Inc., under Contract 20180015, 2018 City Resurfacing Phase l (R1), be accepted and final payment authorized for a total contract amount of $1,127,744.54. 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 0223-19 Subject: Final Payment on Contract 20180021, 2018 Assessable Streets and Alley Paving, Cornerstone Pavers, LLC., contractor. Recommendation of the Public Works and Services Committee on 03-12-19: That the work done by Cornerstone Pavers, LLC., under Contract 20180021, 2018 Assessable Streets and Alley Paving, be accepted and final payment authorized for a total contract amount of $1,479,470.43. 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 0238-19 Subject: Communication from Jessica MacPhail, Executive Director, Racine Public Library, requesting to use Lakefront Lot No. 5 on June 8, 2019, from 9:00 A.M. to 5:00 P.M. for a summer reading signup event. Recommendation of the Public Works and Services Committee on 03-12-19: The Racine Public Library be granted permission to lease Lakefront Lot No. 5 on June 8, 2019, from 9:00 A.M. to 5:00 P.M. for a summer reading signup event, subject to payment of lease costs of $280.00 in accordance with City policies and subject to the execution of a hold harmless agreement with the City and payment of a $75.00 processing fee. 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 0240-19 Subject: Communication from the Director of City Development requesting that an ordinance be created to regulate the permitting of sidewalk cafés, merchandise displays, and other amenities and encroachments within the public right of way in certain business districts. Recommendation of the Public Works and Services Committee on 03-12-19: Approve and recommend the City Attorney create an ordinance to regulate the permitting of sidewalk cafés, merchandise displays, and other amenities and encroachments within the public right of way in certain business districts. 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 0256-19 Subject: (Direct Referral) Communication from the Assistant Commissioner of Public Works/Operations submitting a proposal for Contract 20190036, PS - Parking Ramp Maintenance Program, R.A. Smith National, consultant. Recommendation of the Public Works and Services Committee on 03-12-19: That the Mayor and City Clerk be authorized and directed to enter into a professional services agreement with R.A. Smith, Inc., on Contract 20190036, PS Parking Ramp Maintenance Program, in the not to exceed amount of $46,400.00. 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 0262-19 Subject: (Direct Referral) PCCP and Curb & Gutter assessment rates established for 2019 Public Hearings/2020 construction. Recommendation of the Public Works and Services Committee on 03-12-19: Approve the proposed special assessment rates for 2019 public hearings/2020 construction for Portland Cement concrete paving and curb and gutter as attached. 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 0266-19 Subject: (Direct Referral) Communication from the Assistant Commissioner of Public Works/Operations requesting to discuss a ‘Free’ Pearl Street Facility Drop Off Event. Recommendation of the Public Works and Services Committee on 03-12-19: Recommend a ‘Free’ Pearl Street Facility Drop Off Event on May 11, 2019, from 10:00 A.M. to 5:45 P.M., for tires, microwaves, televisions, computer monitors, Freon appliances and non Freon white goods. 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 0215-19 Subject: (Direct Referral) Communication from Alder Perez proposing an amendment to the City of Racine ordinances prohibiting the purchase or possession of electronic smoking or vaping devices or materials by persons seventeen years of age or younger. Recommendation of the Public Safety and Licensing Committee on 02-26-19: That the communication from Alder Perez proposing an amendment to the City of Racine ordinances prohibiting the purchase or possession of electronic smoking or vaping devices or materials by persons seventeen years of age or younger be deferred for two weeks and for the attorney’s office to draft legislation. Recommendation of the Public Safety and Licensing Committee on 03-12-19: That the communication from Alder Perez proposing an amendment to the City of Racine ordinances prohibiting the purchase or possession of electronic smoking or vaping devices or materials by persons seventeen years of age or younger be approved. Sponsors: Henry Perez, Jason Meekma, Jeff Coe, Carrie Glenn, Mollie Jones, Mary Land, Tracey Larrin, Melissa Lemke, Terry McCarthy, Maurice Horton, Q.A. Shakoor II, Steve Smetana, John Tate II and Sandy Weidner Alder Meekma requested that item 021519 be considered separately. A motion was made by Alder Coe, seconded by Alder Meekma, that this Communication be Approved. The motion PASSED by the following vote: AYES: 14 - Coe, Jones, Tate II, Larrin, Smetana, Weidner, Horton, Shakoor II, McCarthy, Glenn, Land, Perez, Meekma and Lemke ABSENT: 1 - Morgenroth 0231-19 Subject: (New) Application for a “Class B” Fermented Malt Beverage and Intoxicating Liquor License for Marci’s on Main 236 LLC, DBA: Marci’s on Main, located at 236 Main Street, Marci L. Bruley, Agent. (1st District). Recommendation of the Public Safety and Licensing Committee on 03-12-19: That the application for a “Class B” Fermented Malt Beverage and Intoxicating Liquor License for Marci’s on Main 236 LLC, DBA: Marci’s on Main, located at 236 Main Street, Marci L. Bruley, Agent be approved. 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 0239-19 Subject: Communication from the Director of City Development requesting that an ordinance be created to regulate the licensing of mobile food establishments within the City of Racine. Recommendation of the Public Safety and Licensing Committee on 03-12-19: That the communication from the Director of City Development requesting that an ordinance be created to regulate the licensing of mobile food establishments within the City of Racine be approved and for the attorney’s office to draft an ordinance. 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 0284-19 Subject: Ordinance 0005-19 - Glass Containers Prohibited Recommendation of the Public Safety and Licensing Committee on 03-12-19: That Ordinance 0005-19 - Glass Containers Prohibited be approved. 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. Meekma 0098-19 Subject: (Direct Referral) Request by Mildred Zamorano Perry seeking a conditional use permit to operate a Spanish Immersion Montessori School in an existing building at 1407 S. Memorial Drive (PC-19). Recommendation of the City Plan Commission on 3-13-19: That the request by Mildred Zamorano Perry seeking a conditional use permit to operate a Spanish Immersion Montessori School at 1407 S. Memorial 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 0270-19 Subject: (Direct Referral) Request by Samantha Kupper of Hope Safe House Animal Shelter seeking a conditional use permit to operate an enclosed animal kennel in tenant space 1234 Lathrop Avenue of the strip center at 1220 Lathrop Avenue (PC-19) Recommendation of the City Plan Commission on 3-13-19: That the request by Samantha Kupper of Hope Safe House Animal Shelter seeking a conditional use to operate an enclosed animal kennel in tenant space 1234 Lathrop Avenue of the strip center at 1220 Lathrop Avenue 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 0271-19 Subject: (Direct Referral) Request by Kevin Newell of Racine Harborside, LLC and Royal Capital Group seeking a conditional use permit for a multi phased mixed use development at 1129 Michigan Boulevard (PC-19) Recommendation of the City Plan Commission on 3-13-19: That the request by Kevin Newell of Racine Harborside, LLC and Royal Capital Group seeking a conditional use permit for a multi phased mixed use development at 1129 Michigan Boulevard 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 0272-19 Subject: (Direct Referral) Request by Kevin Newell of Racine Harborside, LLC and Royal Capital Group seeking approval of a four lot certified survey map at 1129 Michigan Boulevard (PC-19) Recommendation of the City Plan Commission on 3-13-19: That the request by Kevin Newell of Racine Harborside, LLC and Royal Capital Group seeking approval for a four lot certified survey map at 1129 Michigan Boulevard 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 Committee of the Whole Report, by Ald. Meekma 0237-19 Subject: (Direct Referral) Communication from Council President Meekma presenting the applicants for appointment as City of Racine Municipal Judge to the Committee of the Whole. Recommendation of the Committee of the Whole on 03-05-2019: That the Item be approved. 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 Report, by Ald. Meekma 0291-19 Subject: Communication from Mayor Mason nominating reappointments to the following committees, boards and/or commissions: Reappoint Vera Burns to the Affirmative Action & Human Rights Commission, expiring April 30, 2022. Reappoint Mario Martinez to the City Plan Commission, expiring April 30, 2022. 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 0304-19 Subject: (Direct Referral) Communication from Mayor Mason requesting approval of the Smart City Memorandum of Understanding. Alder Meekma requested that item 030419 be considered separately. A motion was made by Alder Meekma, seconded by Alder McCarthy, that this Communication be Approved. The motion PASSED by the following vote: AYES: 12 - Coe, Jones, Tate II, Larrin, Smetana, Horton, Shakoor II, McCarthy, Land, Perez, Meekma and Lemke NOES: 2 - Weidner and Glenn ABSENT: 1 - Morgenroth Common Council Vote on Consent Agenda (Communications, Committee Reports, Resolutions) Council Action on Consent Agenda Items A motion was made by Alder Meekma, seconded by Alder Shakoor II, that this be Considered as Reported by the following vote: AYES: 14 - Coe, Jones, Tate II, Larrin, Smetana, Weidner, Horton, Shakoor II, McCarthy, Glenn, Land, Perez, Meekma and Lemke ABSENT: 1 - Morgenroth Ordinances Refer to Public Safety and Licensing Committee Ord.0007-19 Ordinance 0007-19 - Sec. 22 Mobile Food Establishment Recommendation of the Public Safety and Licensing Committee on 03-26-19: That Ordinance 0007-19 - Sec. 22 Mobile Food Establishment be deferred for two weeks. Sponsors: Jeff Coe Referred to Public Safety and Licensing Committee 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 8:15 PM. The next scheduled meeting of the Council is April 3, 2019. ATTEST: TARA COOLIDGE CITY CLERK WNAXLP

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