City Council Meeting Notes

City Council Notes
Comments on City Council meetings

NOTE: Complete, detailed minutes are available here.

September 18, 2001

Moment of Silence -- The Council observed a moment of silence for the victims of the terrorist attacks in New York and Washington on September 11.

Consent Agenda -- Several bartender's licenses were approved; one application was tabled for further review by the Finance & License committee and one was denied outright.

Mayor's Business -- "Trick or Treat" has been set for October 28, from 4-7 PM. The mayor mentioned that Jim Miller has resigned from the Park & Recreation board; anyone who would like to serve on the board should contact me or the Mayor for consideration. The mayor also thanked Chief Ernisse for his efforts in organizing the memorial service for the firefighters, EMS personnel and police in Veteran's Park.

Officer's Reports -- Several items:

Our new Director of Public Works, Rob Vanden Noven, was introduced.
Administrator Mark Grams updated the Council on current projects. City Hall renovations continue to go smoothly. The basement framing is underway and window replacement has been started. The new water service is being installed, with Wisconsin Street closed between Grand & Main. South Spring Street is moving forward with a few problems, such as a sinkhole and minor problems with a retaining wall location.
The City's Strategic Plan for 2001 was reviewed. Each department has submitted a summary of their cost to the city, and has summarized ways to reduce costs and gather citizen feedback. It's a great program and should help us in our planning for the future.

Committees -- The Finance & License Committee had several items:

The Council approved the transfer of funds ($375,000) from the capital borrowing to the TIF escrow account. This will provide the total fund amount required for the various TIF-related projects.
The Council adopted Resolution 2001-26, establishing a TIF escrow account. Certain TIF projects totaling $985,000 are not going to be completed by September 26, so the City is setting up an escrow account to pay them as they are completed. These funds come from the TIF fund and additional moneys allocated in item 1, above.
The Council approved Resolution 2001-27, which simply names the City Administrator as the representative in dealing with the DNR for the recycling grant program. This simplifies the process should personnel change.
The Council accepted a bid for the Maritime Drive extension project. The low bid was $182,082.75.
The Council tabled the first reading of an amendment of the municipal code regarding impact fee deferral for certain low-income housing.
The Council had the first reading of an ordinance that spells out requirements for organizations wanting to take out a Class "B" picnic license. This will require such events to have a fenced enclosure for consumption of alcoholic beverages.

Boards/Commissions -- The Board of Public Works had several items:

The Council approved a bid for the street overlay program. The bid was $50,735.50 and will take care of asphalt overlays for three alleys in downtown Port Washington.
The Council approved modification of the S. Wisconsin Street lift station totaling $99,308. This will provide proper sewage handling for several areas south of Grand Avenue near downtown, and was made necessary by cost-cutting measures in the S. Milwaukee lift station. Money for this will come from equipment replacement funds.
The Council approved extra expenditures for the Upper Lake Park road, primarily for storm sewer work. These total $28,717, which will come from the street improvement account.

Unfinished Business -- The Council approved a rezoning of certain lots in the Lake Ridge subdivision and accepted an easement and indemnification agreement with Mr. & Mrs. Tom Poull for the Maritime Drive project.

New Business -- The Council approved closing a portion of Grand Avenue and Franklin Street for the high school's homecoming parade on October 5.

Closed Session -- The Council met in closed session to discuss the sale of property in the City's industrial park.

September 4, 2001

Consent Agenda -- Several bartender's licenses were approved; one application was tabled for further review by the Finance & License committee. A picnic license for St. Peter's Church was approved, contingent upon proper security for the alcohol being served; two temporary bartender's licenses were approved for the event.

Mayor's Business -- The mayor informed the aldermen about a group called LOGIN, where we could meet with county officials.

Officer's Reports -- Several items:

Representatives of JJR (an engineering firm) appeared and explained several concepts for stabilizing the Upper Lake Park bluff.
Administrator Mark Grams updated the Council on current projects. Asbestos removal in City Hall is complete, and work on the basement is beginning. Spring Street reconstruction is moving ahead well, though there have been some issues with water mains. It is on target for a December 1 completion.
The City is in the process of gathering information from each department on its per capita costs as part of the 2001 strategic plan. Having this information on hand will help us work out budget details..

Committees -- The Finance & License Committee had several items:

The Council approved an agreement with WEPCO for use of right-of-way for bike paths.
The Council gave the Administrator the go-ahead to check into alternatives to Matthies Assessments, which had a substantial increase in their fees for the coming year.
The Council approved alternates for the City Hall renovation. The main item here was the addition of cameras for televising meetings, a cost of $9800.
The Council reviewed information on establishing an escrow fund for TIF money. No action was taken -- this should be addressed at the next meeting.
The Council approved a change in the City's telephone service. This will save money as a result of new phone technology at the Ameritech office.

Boards/Commissions --

Unfinished Business -- Four new ordinances regarding parking were approved, and the Council had the first reading of an ordinance regarding rezoning in the new Lake Ridge subdivision.

New Business -- The Council OK'd the expenditure of $600 to purchase and install some pedestrian crossing signs in the downtown area. Initial installation will be at Main & Franklin streets; depending on the success of this installation, we may add more in the future. I had seen these signs in Massachusetts and thought they could work well here.

August 21, 2001

Consent Agenda -- Four bartender's licenses were approved, as was a cabaret license for a church festival at St. Peter of Alcantara Church. Street closings for three block parties were approved.

Mayor's Business -- The mayor congratulated the Business Improvement District and Candlelight Productions on their event.

Officer's Reports -- City Administrator Mark Grams reported that the sidewalk repairs on the north side of town are underway. The remodeling of City Hall is to start Monday, 8/27 with approximately three days needed for asbestos removal. Sprint Street is moving ahead with utility crews finishing up work this week and resurfacing starting after that.

Committees -- The Finance & License Committee had several items:

The Council approved agreements with the Union Pacific railroad for water, sewer and signal work at the maritime Drive crossing
The Council approved the levy of special assessments for the South Spring Street project.

The Traffic Safety Committee had several parking ordinances available for their first readings. These involve no-parking zones on the road between Lake Street and Upper Lake Park, on Webster Street between Jackson and Main during school hours, and on East Grand Avenue east of Franklin Street. Being a first reading of the ordinances, no action will be taken until the next Council meeting.

Boards/Commissions -- The Plan Commission presented a design for the new recreation/soccer complex, to be built on the former Schanen farm on the West side of the city. The Council approved the plan as submitted. The plan includes six full-sized soccer fields plus a seventh field to be used until such time as there is a need for an additional softball field, when that area would be used for softball. A sledding hill is part of the plan, as is a pair of basketball courts. Also included are general play fields, a perimeter exercise track, soft play areas, concessions, restrooms and plenty of parking. It's a good plan, which will provide four-season use for all the citizens of Port Washington. Developing the land into a park will also allow the City to rework water drainage from the site, improving the situation for residents of Bley Park Estates.

Unfinished Business --

The Council approved a railroad vision easement agreement with VK Development Corp.
The Council approved a railroad vision easement agreement with F&S Management, where the Huiras, Farrell & Antoine law office is located.

New Business --

Public hearings were held in regards to a conditional use grant application for a bed & breakfast at 423-428 W Grand Avenue and for rezoning of lots in the Lake Ridge sundivision Addition #2.
The Council approved the conditional use grant application for the bed & breakfast mentioned above.
The Council had the first reading of the rezoning ordinance for the abovementioned lots.
Meridian Industries (Kleen Test) asked for an amendment to their developer's agreement that would allow them to reduce the amount of "high finish" exterior surface on their building. This agreement was meant to keep our industrial areas looking as nice as possible and the Council took no action on the request. It was my opinion that the original restriction should stand as previously agreed to by both parties, to keep our industrial park's high standards..

Closed Session -- The Council met in closed session to discuss the hiring of a new City Engineer/Director of Public Works, acquisition of land for a railroad vision easement and sale of land in the industrial park.

August 7, 2001

Consent Agenda -- A number of bartender licenses were approved. One was not, based on a prior police record issue and the failure of the person to contact the City Administrator to discuss it. Temporary Class B Retailer (Picnic) licenses were approved for Ozaukee Trades & Labor's Labor Day event and BID's "Candlelight on the Water" event. A cabaret license was approved for the Ozaukee Trades & Labor event. The Best Western had applied for an amended premises description for permission to allow alcoholic beverages on their outdoor patio; this was denied due to security concerns about controlling where the alcohol went. This is in the same area as Common Ground's application earlier this year (See June 19 notes, below). Several block parties were also given the go-ahead.

Mayor's Business -- The mayor thanked the Fish Day organizers for a job well done and asked for two appointees to be approved for the Harbor Commission. The appointees were confirmed. The mayor also discussed the proposed boundary agreement from the Town of Port Washington. The aldermen agreed with the mayor that the proposed document was not in the City's best interest and rejected it. This effectively ends discussion on the boundary agreement with the town.

Officer's Reports --

Several projects in the City are going well, including the Upper Lake Park road and South Spring Street. Concern about dust on Spring Street was raised, and it was mentioned that the contractors will be watering the area down in order to control the construction dust.

There will be a special City Council meeting on Tuesday, August 14. The meeting is being held so that some city bonds can be refinanced at a lower rate. This will save the City around $113,000 in interest.

A public hearing on South Spring Street assessments was held. The acting city engineer gave a report on the methodology used in calculating the assessments; no citizens appeared. The assessments are to cover various improvements for properties South of Port View drive.

Committees -- The Finance & License Committee had several items:

The bid for the City Hall renovation was approved. There are two items that are still under consideration: Moving a fiber-optic cable underground and a different furniture vendor. These issues will be dealt with in the near future. The bid for the renovation came in slightly over the projection but still within the amount we had borrowed for the year. WB Corp, who handled the library remodeling, had the low bid.
An amendment to the agreement with Bonestroo & Associates, the architectural firm handling the City Hall renovation, was approved. This provides an additional $3,430 to cover consulting in the asbestos removal process.
A civic license was approved for the "Candlelight on the Water" event. This pivoted around whether or not the event could close Rotary Park and charge admission. I am against this, as are several constituents I spoke to. As a matter of policy, if we allow this to happen we must allow other groups to do the same, which is not in the public interest. My compromise was to allow the event to collect a voluntary admission charge but they must allow people into the park who aren't attending their event, and this was approved. It remains to be seen if the "Candlelight on the Water" organizers will continue with the event on this basis.
The Council approved a lease agreement with TeleCorp Realty, allowing them to place antennas on the telecommunications tower at the South end of N. Wisconsin Street.
The Council approved an amendment to the cite agreement we have with Sprint PCS. This allows TeleCorp's antennas to be placed on the tower (see item 4, above).
The Council amended the City's deferred compensation plan to permit loans. This allows City employees to take out loans on their retirement funds. There is no cost or other liability to the City on this.
The Council approved a change order for improvements at the wastewater treatment plant. This will add a rubber membrane to the outside of the building. This is necessary to protect the building from being damaged by moisture.

The Administration Committee had one item:

Because of the outcome of the 2000 national census, the aldermanic districts in the City need to be reworked to balance the number of constituents for each aldermanic district. The Administration committee (I am a member of this committee) met on July 26 and approved the new arrangement. Under the new arrangement, my district stops on the East at Spring Street and I lose some area on the southwest end of the City. Alderman Matthews will be taking the area northeast of Spring & Grand, Alderman Babcock will be taking those southeast of Spring & Grand, and Alderman Jushka will be taking some on the southwest area. This new arrangement will not take effect until acted upon at the July 14 special City Council meeting.

Boards/Commissions --

The plan Commission had two items:

The Council approved an easement agreement for the northern boundary of the Lake Ridge subdivision.
The Council approved the final plat for the Lake Ridge subdivision.

Unfinished Business -- None

New Business --

The Council approved an easement agreement with Wisconsin Electric for the Milwaukee Street lift station. This allows Wisconsin Electric to extend their underground cables.
The council granted a conveyance of rights in land between the City and the State DOT. This was necessary to construct Highway 32 over City easements along Spring Street.

Closed Session -- The Council met to discuss applications for the City Engineer/Director of Public Works, a Duty Disability claim, two litigation matters and land acquisition for a railroad crossing on Maritime Drive.

July 16, 2001

Consent Agenda -- Several bartender's licenses were approved. One was not, based on the fact that the applicant had several convictions on record. A number of temporary bartender licenses for Fish Day were approved, as was a temporary Class B (Picnic) license for the Kiwanis Club's Fish Day event. A new Class B Beer license was approved for the China Buffet restaurant.

Mayor's Business -- The mayor thanked Alderman Schwanz for filling in for him the previous meeting, and thanked the organizers of the County Courthouse Centennial celebration.

Officer's Reports -- The council was updated on the status of the upper lake park road project, which is going well. The Spring street reconstruction is proceeding fairly well, with the gas company working on their part of the job. City crews were busy getting prepared for Fish Day and the Ozaukee County road crews were resurfacing Highway 33 under the LL overpass for the City.

Committees -- The Finance & License Committee had several items:

The Committee recommended awarding the contract for water & sewer utility work on South Spring Street to Musson Construction. This bid was the only one submitted to the City; since we need to do the work in order to proceed with the Spring Street project, the Council had no choice but to award the contract. This was a very unfortunate situation, where former Director of Public Works Tony Depies was supposed to advertise for bids for the project but did not. This made us throw out all the bids we received in June and we had to have a re-bid on the project. The re-bid, coming well into the construction season, was $62,801 higher than the original low bid. This money will come from the water & sewer departments' reserve fund. To prevent this kind of thing from happening in the future, the Aldermen have asked City Administrator Mark Grams to set up a checklist that includes the advertisement for bids.
The Committee recommended acceptance of the developer's agreement for the Lake Ridge Subdivision Addition #2. This contract sets up the conditions under which the developer will develop this new subdivision, and takes into account fly ash buried there years ago by Wisconsin Electric. The agreement was accepted by the Council.
Deferral of impact fees for Lincoln Village Senior Apartments was tabled until we alter our city code to allow such a deferral.
R.A. Smith asked for an amendment to their contract for South Spring Street to allow for additional fees caused by the re-bid of the South Spring Street utility work, not to exceed $3000. The amendment was accepted by the Council.

Boards/Commissions -- The Board of Public Works recommended two change orders to the Wisconsin Street lift station that will save the City $2947. The Council accepted the change orders.

Unfinished Business -- The Council accepted three items for the Higher Ground Development ("Billy Goat Hill"):

Quit Claim Deed
Easement Agreement
Conditional Use Grant Application

All these items hinged upon an agreement that dealt with how the developer would deal with the woods on Billy Goat Hill, an area of concern for a number of citizens who spoke at an earlier Common Council meeting. The concern was that the developer could destroy established trees on the hill, ruining a valuable asset to the city, one of the more visible green spaces. I was very concerned about this as well, and worked with the city and the developer to hammer out an agreement that would protect the green space and make sure it was maintained in a proper way.

The basis of the agreement was a report by Carol Bangs, who I recommended to the City as an expert in natural plantings. Carol, the developer and I walked the property and she noted some areas of concern, including seriously sick trees, invading species of groundcover and grapevine, and improperly trimmed trees on City property (illegally "topped" by nearby property owners in order to provide a view of the lake). Carol wrote up a detailed report on how the property should be cared for. A number of meetings were held with the developer to finalize the agreement, which includes serious penalties for improper removal of trees.

With this agreement in place, the Council gave the go-ahead to (1) Sell a small strip of land to the developer, (2) Agree to an easement agreement and (3) Allow the conditional use grant.

I realize that there were some serious concerns by citizens about this development, but having been a part of the negotiations for it, I'd be happy to discuss this with anyone who still has concerns about it. Given that the property on Billy Goat Hill could be developed to an even higher density than was approved, the plan that is in place is much better than it might have been with another developer or with a less-involved city government.

July 3, 2001

Consent Agenda -- A number of bartender licenses were renewed. One original bartender license was not approved at this time due to multiple underage drinking/possession offenses. One license was not approved at this time pending a discussion with the Chief of Police and City Administrator. A third original bartender license was approved.

Mayor's Business -- The Council approved two appointments to the Business Improvement District board.

Officer's Reports -- The Council was updated on the status of the East Grand Ave. reconstruction project, the upper lake park road reconstruction, the South Spring Street reconstruction and the Thomas Drive water tower maintenance and painting. The new logos will be painted on the tower this Fall.

Committees -- The Finance & License Committee recommended that Harbor Square Development be credited for work being done on the harborwalk around the West Slip. This includes new railings to match those around the marina and Rotary Park as well as concrete work. The credit will be applied to a deferred special assessment on the Harbor Square property, which amounts to $43,259.24. Harbor Square's work on these improvements will total approximately $85,950. I was not in favor of this credit until I learned two facts:

There is no requirement for any kind of railing to be placed along Lake Michigan. Harbor Square had no obligation to build any kind of railing. To me, this seemed like a lawsuit waiting to happen should someone fall into the lake and there is little doubt that the City would be involved in such a suit, whether or not the City was at fault. Building and installing the railing alone would cost the City around $45,000. That Harbor Square is matching the City's concrete work is icing on the cake.
The deferred assessment is only collectable should a jetty be built to calm the waters of the West Slip. It is very unlikely that this jetty will ever be built, because of the currents coming out of Sauk Creek and the power plant, which means that the special assessment wouldn't ever be collected. The credit to Harbor Square, then, is a non-issue.

The Council agreed to the credit.

The Finance & License committee also recommended that the Port Washington Historical Society have permit fees for the Light Station restoration waived. Because the building is city-owned, and the work is being done by unpaid volunteers who are raising the funds to restore the building, the Council agreed to waive the fees.

The Finance & License committee recommended entering into an agreement with Ozaukee County to test the water off the beach to check for fecal coliform contamination. The cost to the city is minimal, and the Council accepted the agreement.

A request to defer impact fees for the Lincoln Village Senior Apartment complex has been tabled. The Aldermen would like to see a time limit applied to the deferral and examine the language of a possible agreement before proceeding.

The Traffic Safety Committee recommended five ordinances regarding speed limits, stop signs and parking zones. All were approved by the Council.

Remaining Unfinished Business on the agenda was tabled.

June 19, 2001

Consent Agenda -- The Council approved a large number of licenses, including renewals for such operations as Smith Brothers, Sir James Pub, Country Inn & Suites, Lam's, Schooner Pub, Sundance, Harbor Hills, best Western Harborside, Port Hotel, King on the Hill, Captain's Quarters, Tiny Tavern, Tavern in Port, Willie's Lakefront Lanes, American Legion, Portside Pub, Common Ground, John's Tavern & Pizzeria and Jimmy's Pizza. Common Ground had applied for permission to set up an outdoor beer garden area, but due to noise and security concerns, we in the Finance & License Committee decided not to grant that permission at this time. Renewal brewery licenses were granted to Harbor City Brewing Company and Port Washington Brewing Company. Dockside Deli was granted an original Class B beer and Class C wine license. Cabaret licenses were granted to Schooner pub, Smith Bros., Harbor Hills, Willie's Lakefront Lanes, Captain's Quarters and Sundance. The Rotary Club was granted a Picnic license for Fish Day. Other licenses included a larger number of bartender license renewals and a couple of temporary bartender licenses for Lion's Fest.

Officer's Reports -- Several items:

Due to the recent census, the aldermanic districts in the City will be reevaluated by the Administration Committee, which I am a member of. This should happen within the next couple of months.
The City will be testing for fecal coliform bacteria at the beach. If high levels are found, swimmers will be notified.
Bids for the road work on South Spring Street are in, and under budget, resulting in lower costs for the City, which pays a portion of the cost. Construction is planned to start around August 15.
The East Grand Ave. and Upper Lake Park road work is underway and proceeding as scheduled.

Committees -- The Finance & License Committee recommended approval of the bid for water & sewer main work on South Spring Street. This must happen prior to the rebuilding of Spring Street. The low bid was higher than the budgeted amount, but is covered by available funds. This bid was accepted by the Council.

The council approved a resolution approving an agreement between the City and Union Pacific Railroad for construction of a crossing at Maritime Drive. The agreement had already been made, but the railroad wanted a resolution from the Common Council.

The Traffic Safety Committee presented several ordinances for their first reading. No action will be taken on these items until the next Common Council meeting. The primary items of interest for our district is the change to stop signs from yield signs on northbound Garfield and High Streets at Lincoln Avenue. I am sponsoring these changes to improve safety between Lincoln and Grand; traffic has been speeding in that area, and hopefully the stop signs will slow them down a bit.

The Personnel Committee recommended an interim City Engineer/Director of Public Works, and the Council approved the hiring. The City will need to hire a replacement for this position as soon as possible -- The consultant handling this work is very expensive, but necessary.

Boards/Commissions -- The Board of Public Works had two items:

Change order for the sidewalk replacement program. This will extend the work into next year at the same price. This was necessary because there is more work than can be done this year. Cost-wise it works out because the contractor has agreed to do the work at the same price.
Addition of a second logo to the Thomas Drive water tower at a cost of $8500. This was approved over my objections. I do not feel that this is a good use of water utility money when we have perennial complaints about the price of water in Port, so I voted against it.

Unfinished Business -- Ordinance 2001-15, amending the subdivision dedication requirement for parks and open spaces, was approved.

New Business -- The Council approved an expenditure of $1990 for testing of various materials in City Hall for asbestos. This is necessary for work on the City Hall remodeling to proceed safely.

Other Matters -- I proposed that the City should consider a rebate to the Port Washington Historical Society for permit fees on their project to renovate the USCG Light Station. This property is city-owned and the group doing the renovation is 100% volunteer; I feel we should "throw them a bone" to help out with the project, which will be a valuable asset for our tourism industry. Please let me know how you feel about this issue by calling or sending an .

I also voiced my irritation about the failure of the City to live up to its agreement to maintain volunteer-planted areas in the city, particularly Rotary Park. Several other aldermen agreed with my comments as well as those of my wife, who spoke earlier in the meeting.

June 5, 2001

Consent Agenda -- The Council approved a number of licenses, including six Original Operator's (bartender) licenses, Class B Retailer's (picnic) licenses for the Ozaukee County Court House Centennial Jubilee, the Maritime Heritage Festival, and Fish Day event licenses for the Leatherneck Club and Ozaukee Lodge #17 F & AM, several temporary bartender's licenses for these Class B picnic events, combination "Class B" tavern licenses for the Grand Avenue Saloon and Pasta Shoppe, combination "Class A" licenses for T.P. Stores (Tri-Par) and Schneider Foods (Sentry), class "B" fermented malt beverage licenses for Beanie's and the Port Washington Yacht Club, a class "A" fermented malt beverage license for M & CP Investments and a "class C" wine license for Beanie's. The Council also approved Civic Licenses for the Ozaukee County Court House Centennial Jubilee and the Maritime Heritage Festival.

Officer's Reports -- The traffic safety committee will meet in the next two weeks to consider several items, one of which is the replacement of the yield signs on northbound Garfield at Lincoln and northbound High at Lincoln with stop signs. I will have an update on the date of this meeting when it is set.

The city attorney reported that a lawsuit brought against the city by Aero Painting has been dismissed. They were challenging the city's water tower maintenance contract with another firm.

Bids for the Spring Street reconstruction, scheduled to start this summer, will be opened on June 12. The work will include rebuilding the South Spring Street road surface and reworking water mains.

Committees -- The Finance and License Committee had three recommendations:

Reconstruction of East Grand Avenue and the road to Upper Lake Park bids came in over budget. The Finance Committee recommended approval, with the over-budget portion being dealt with in work later this year. Alderman Babcock moved to accept the bids but issue a change order to delete the landscape reconstruction portion. His hope is to recover some of the over-budget amount by getting the work done by another contractor. While this is possible, I believe it's unlikely that we'll be able to get someone else to do the work more cheaply when it isn't part of a larger contract. I voted against the motion but it passed.
Resolution 2001-18, a charge-off of accounts, was passed. These are accounts that are uncollectable for various reasons (bankruptcy, "skips", federal regulations, etc.)
Resolution 2001-19, special assessments for sidewalk reconstruction, passed. The city is continuing a multi-year program of examining sidewalks and repairing them where necessary.

The Personnel Committee recommended hiring part-time clerical help for the Engineering and Planning Departments. This person will help with telephone reception and other clerical duties. The city had $10,000 budgeted for interns but the departments felt that the hiring of a temporary employee at $6000-$7000 would be a better option. The Council agreed and approved the hiring.

Boards/Commissions:

Plan Commission:

A public hearing on ordinance 2001-14, an ordinance to regulate businesses in the entrance corridors of the city. Several business owners expressed concerns about the proposed ordinance, which is intended to improve the appearance of the main entrances to the city.
The council passed ordinance 2001-14.
The Council had the first reading of a revision of the municipal code that dedicates funds from new development to city parks. The main element of this change affects how funds are directed to mini parks, neighborhood parks and community parks. Action on this ordinance will be taken at the June 19 common council meeting.

Unfinished Business -- Alderman Leicht requested that the conditional use grant application for the Sauk Creek Condominiums be looked at again. As you may recall from my notes of the May 15 meeting (see below) this involves an 8-unit condominium complex. Zoning of the property allows an 8-unit row house to be built there, but the developers felt that building the eight units as a four-per-floor, non-row-house format would be a better use of the property. After looking this over in detail and discussing the options with city Planning Director randy Tetzlaff, I decided that the conditional use application should be accepted. One of my main concerns had been for stormwater drainage from the property, but this issue is being addressed. This application passed.

An interesting note -- After the council meeting, I noted that the owner of the property adjacent to the proposed condominiums and the condominium developers were talking in the City Hall foyer, discussing the project in a constructive way -- It was great to see them working together, when they has been on opposite sides of the issue.

New Business -- Several items were considered:

The Council approved closing Main Street for the Farmer's Market this summer, beginning July 28
The Council approved closing East Grand Avenue and part of the parking lot behind Smith Bros. for the June 30 Maritime Heritage Festival.
The Council approved closing West Main Street and part of Wisconsin Street for the Ozaukee County Court House Centennial Jubilee

Other Business -- Several aldermen and the mayor thanked Director of Public Works Tony Depies for his years of service to the city. Tony is leaving his position June 22 but is taking his vacation the last week of his employment, so he won't be at the next Common Council meeting.

May 15, 2001

Consent Agenda -- The Council approved a number of licenses, including six Original Operator's (bartender) licenses, Class B Retailer's (picnic) licenses for the Great Lakes Sport Fishermen's Club and the Ozaukee Corvette Club Car Show, several temporary bartender's licenses for these Class B picnic events, a Cabaret license for a one-night DJ at the Port Side Pub, Combination Class B (tavern) licenses for the Wilson House and NewPort Shores, a Combination Class A license for Port Apothecary and a Class B Fermented Malt license for Pizza Hut.

Mayor's Business -- The Council approved the appointment of Howard Fuys to the Board of Review at the mayor's request.

Officer's Reports -- Representatives from Bonestroo Engineering, the firm that is designing the remodeling of the city hall building, presented the current plans for the remodeling along with updated cost projections. The projected cost has increased from $1.2 million to approximately $1.4 million, a large part of which is the architect's fees, which were not included in the original estimate. Some items in the projection are optional and could be dropped or deferred. The plans for the interior are pretty much finalized and there were two options presented for the exterior appearance. Both options included a new entrance on the south side of the building where the current entrance is located, but one included a canopy over the entrance and the other did not. At issue was whether the engineers should proceed with the plans as drawn or come up with more alternatives for the exterior appearance. Because the plans as presented were based on earlier plans approved by the Council last fall, and examining other exterior appearance options would delay the project and increase the cost to the city, I moved that the plans be approved as drawn with the canopy option. This motion was approved.

Committees -- The Finance and License Committee had three recommendations:

The 4th of July fireworks contract with Mad Bomber Fireworks Productions was approved. The city budgeted $12,000 to this event this year and the proposal was very impressive.
The construction bid for the sidewalk replacement program came in slightly below the estimated amount. The low bid ($3.49 per square foot, or $87.25 per 5X5-foot sidewalk square) was from T.P. Construction.
The Park & Rec. Department requested that air conditioning be installed in the cab of their multi-purpose articulated tractor. This is used for several jobs throughout the year and its closed, glass-walled cab gets very hot during summer operation. Other similar city equipment, such as the Vac-All and street sweeper, are equipped with air conditioning. The cost of this addition is $1850, and since there was $2000 left over in their budget from the purchase of a new mower, Park & Rec requested that the funds be made available for the tractor air conditioning. The Council approved the funding.

Boards/Commissions -- A number of actions were taken:

Board of Public Works:

A change order to the lift station #2 was approved. This involved a thicker concrete floor due to a change in its span.

Plan Commission:

A public hearing was held on a conditional use grant to allow a 17-bed Alzheimer's unit at The Harbor Club. No public comments were made.
A public hearing was held on the conditional use grant to allow the construction of an eight-unit, multi-family condominium project at 426 W Grand Ave. Several residents spoke about this project, being concerned about its size, drainage and snow removal issues.
The conditional use grant to allow a 17-bed unit at The Harbor Club was approved by the Council. This looks like an excellent addition to the Harbor Club facility; it provides adequate security for the special needs of Alzheimer's patients.
The conditional use grant to allow the construction of an eight-unit, multi-family condominium project at 426 W Grand Ave was denied. My main reservations on this project were its scale in relation to the lot size and drainage considerations, as improper storm runoff handling could impact the neighboring property. The zoning allows an 8-unit structure but the conditional use grant would have been required because there would be more than one common wall, and the 8-unit zoning is for row houses. I voted for this, but the motion failed on a tie vote. On further consideration, I do feel it was too large for the property as planned and think it should be scaled back to conform to the restrictions of the zoning.
FOLLOW-UP 5/31/01 -- After a conversation with Director of Planning & Development Randy Tetzlaff about this project, I'm leaning toward accepting the plan as presented, should it reappear before the Council. If strict zoning were to be enforced, the 8-unit building would be built as a row house, have a larger footprint, and possibly a more serious impact on the neighbors. As I mentioned above, the land's zoning allows 8 units, so allowing the conditional use of 8 units doesn't increase traffic or other impacts.
A public hearing was held on a conditional use grant to allow the construction of a four-unit, multi-family condominium project located on "Billy Goat Hill", north of Jackson Street and east of Wisconsin Street. A number of people spoke out about the project, with concerns ranging from tree removal to aesthetics.
The Council approved the sale of a 6-foot by 210-foot parcel to Higher Ground LLC, the developers of the Billy Goat Hill project. I've been asked by a number of people why the City would do this -- The answer is that the sale of this small piece of land enables the developer to create a better project from the city's point of view. They had the right to develop a ten-unit condo complex even without the land sale, but this allows a better building arrangement. The land sold to the developer is wooded; the developer must keep it in its natural state, and cannot cut trees without the City's approval or the ownership of the land reverts to the City. I think the bottom line here is that when someone buys a piece of property, they have a right to develop it as long as it is within the zoning restrictions. This development would have happened even without the sale of this land, with the same number of units, and I think it would have been less attractive.
The Council approved an easement agreement with Higher Ground LLC. In the previous action, the city sold 1260 square feet of land to the developer, and in this action the developer gives the city control over 3280 square feet of land in order to keep it in its natural state (wooded). This is a good deal for the city, as it keeps badly needed green space.
The Council denied a Right of First Refusal from Higher Ground LLC for a parcel of land owned by the City adjacent to the Higher Ground property. This would have given Higher Ground the first opportunity to buy the land should the City decide to sell it. I did not like the idea of this agreement because it would have tied the city's hands -- If someone else (the Nature Conservancy, for example) had made an offer and we decided to sell the land, we would have been forced to offer it to Higher Ground at that price no matter what -- Even if we would have preferred to sell it to the first party.
The Council had a first reading of an ordinance that would create a new zoning overlay district at the entrances to the city. This will set higher standards for businesses in the B-1, B-2 and B-3 zoning districts at the city's entrances, making a more attractive approach into the city. This was a first reading only, no action takes place on this until a future meeting.

New Business -- A few items of note:

A public hearing was held on special assessments for sidewalk replacement. There were some comments from citizens on why some sidewalk sections were marked for replacement when they only had cosmetic defects. All sidewalk replacement is subject to review, and if you have a question about why a particular slab is marked for replacement, you can contact the Public Works department and they will come out to check the situation.
The Council approved a resolution ordering the reconstruction of sidewalks in a number of areas in the city. This is necessary to get the ball rolling on the sidewalk program.
The Council agreed to terminate a temporary road easement for Aurora Medical Group, which is building an office at Hwy. 33 and LL. The termination takes place when the northbound LL on-ramp is abandoned.

Other matters as allowed by law

I asked the City Engineer what was happening with the rooftop banners at the apartment complex behind Culver's -- I had asked about this last month and was told that the banners violate signage laws and would be removed, but they're still there. The building inspector has notified the owner and they have a period of time to take them down (apparently, the attachment points to the roof must be repaired to avoid leakage). I am awaiting word on how long they have to comply.

Closed session -- The Council met in closed session to confer with the city attorney about two litigation matters.

May 1, 2001

Consent Agenda -- The Council approved two bartender licenses and temporary class B licenses and a number of temporary bartender's licenses for the St. Peter's Men's Club and Port Washington/Saukville Jaycees (Fish Day).

Mayor's Business -- The mayor presented two additional proposed committee appointments to the Council; these were approved. There is a vacancy on the Board of Review yet to be filled.

Officer's Reports -- A few items of note:

The aldermen were given draft copies of the city's annual report for calendar year 2000. Certain sections, notably the auditor's report, are not yet available.
City Engineer Tony Depies reported that the city's sidewalk replacement program continues, though some slabs were marked for replacement even though they are not serious enough for replacement. A public hearing on sidewalks will be held at the next city council meeting, on May 15. Tony mentioned that the sidewalk replacement program will continue for probably another 2-3 years before all are complete.
I asked Tony about the situation in Schanen Acres Park, where soil is being added to fill in the low-lying areas where equipment was removed. I visited the site today (5/1) and noticed that even though it hadn't rained recently, the ground was very wet and mushy. Tony said that efforts had been made in the past to add drain tiles to the ground in order to remove the excess water, but there must be a spring under the park that keeps the ground wet. I plan to ask for a study to see if this situation can be improved.

Boards/Commissions -- Several actions were taken:

On the advice of our insurance company, the Council denied liability for an injury claim arising from a trip on a frost-heaved sidewalk on Main Street. The city's insurance will pay for up to $10,000 in medical bills left unpaid by other insurance coverage.
The Council reviewed and approved State and Federal contracts which provide funds for the Shared-Ride Taxi Program. These contracts pay the city an estimated $102,186.
The Council approved the purchase of a new handicapped-accessible van for the Shared-Ride Taxi service. The old van had over 200,000 miles on it and was in need of replacement. The new van will wind up costing the city $6,546 -- Since the city had budgeted $8,000 for the new van, this is a savings of $1454 over what we had allowed for.
The Council approved three additional investment companies for use by city employees for deferred compensation. This gives employees a variety of options.
Final plat approval was given to the Port Gardens Condominiums.
The Council agreed to a Quit Claim Deed on a strip of land that was improperly surveyed. This 10-by-150-foot piece of land was apparently laid out as if it were an alley years ago, when it shouldn't have existed at all. There was some confusion as to its legal status, but the city has no claim on it and this will release the land so that Higher Ground, LLC can get a clear title to their land.

Unfinished Business -- The Council voted to accept ordinance 2001-13, prohibiting gambling and allowing for the confiscation of illegal gambling machines. This brings Port Washington into sync with state law in this area.

New Business -- A change order was made to the Spring Street reconstruction project contract. This had two parts:

Plat revisions required due to property owner name changes and parcel changes as a result of landowner negotiations. This is an increase of $4,993
Reduced services are required of Port Abstract & Title. This results in a decrease of $7,400.

The resulting change order reduces the project costs by $2,407.

Closed Session -- The Council went into closed session to discuss employee compensation and litigation between the City and Mr. Scott Heatwole and the Town of Port Washington.

April 17, 2001

Swearing In -- As of this meeting, I'm officially the alderman for the fifth district, having been sworn in by City Administrator Mark Grams. I'm looking forward to serving my district.

Consent Agenda -- The Council approved several bartender licenses, a Cabaret License for the Lions Fest, and temporary bartender's licenses and a temporary class B license for the Yacht Club.

Mayor's Business -- The mayor presented his proposed committee appointments to the Council; these were approved. I will be serving on the Finance & License committee, the Administration committee, the Library Board and the Technology committee.

Boards/Commissions -- Several actions were taken:

Approval of a change order for Lift Station #2 work. This approved an additional expenditure for seismic monitoring while sheet piles were being driven to protect the city from possible damage claims.
Approval of extension of Kiwanis Pavilion hours for the Lions Fest. The hours were extended from 9PM to 11:30 PM.
Annexation of the former Schanen farm (both North and South of Hwy 33), V.K. Homes and Riverway Properties, and land belonging to Evelyn Melichar on North Spring Street across from Simplicity Manufacturing.

We also had the first reading of an ordinance prohibiting gambling and providing for the seizure of illegal gambling machines. This ordinance will bring Port in step with state law on the subject.

New Business -- The Council approved an additional expenditure ($13,800) for the Upper Lake Park Bluff Study. This additional expense will allow detailed topographic mapping to be done, which is vital for the study to be of any real use. Without the new mapping, the study would be based on topographic information that was gathered prior to the last major bluff slide. The topological maps of the neighboring lakebed will also be updated, also important because they have changed as well.

The effect of this decision almost doubles the cost of the bluff study, but without it the study itself would be based on incorrect assumptions. We need to move ahead and start acting on the problem before more of the park is lost, which will cost the city more in repairs.

On the positive side of this, part of my decision to go ahead with this additional cost was based on the fact that interest income for the city in the first quarter of 2001 has exceeded that of the same period last year by more than $20,000. This additional income more than covers the expense.

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