CITY OF RIVER FALLS: 5/22/12 COMMON COUNCIL PROCEEDINGS

May 22, 2012

Mayor Dan Toland called the meeting to order at 6:30 p.m. in the City Council Chambers located in City Hall.

City Council Members Present: Tom Caflisch, David Cronk, Christopher Gagne, Randy Kusilek, Scott Morrissette, Jim Nordgren, David Reese

City Council Members Absent: None

Staff Present: Scot Simpson, City Administrator; Nicholas Hennemann, City Attorney; Carl Gaulke, Utility General Manager; Roger Leque, Police Chief; Julie Bergstrom, Finance Director/Assistant City Administrator; Reid Wronski, Public Works Director/City Engineer; Caitlin Stene, Management Analyst; Paul Fagin, Management Analyst; Tom Schwalen, Maintenance Supervisor; Buddy Lucero, Community Development Director; Lu Ann Hecht, City Clerk

Others Present: Anne McAlpine, Michael Stifter, Steve Leitch, Dave Fodroczi

APPROVAL OF MINUTES:

May 8, 2012, Regular Meeting Minutes

MSC Cronk/Nordgren move to approve minutes as submitted. Unanimous.

APPROVAL OF BILLS:

City Bills $1,196,891.41

MSC Gagne/Cronk move to approve the bills subject to the comptroller. Unanimous.

PUBLIC COMMENT, PETITIONS, REQUESTS AND COMMUNICATIONS:

Mayor Toland recognized outgoing Utility Commission member, Michael Stifter, for his service, and presented him with a plaque.

The Mayor also recognized outgoing Utility Commission members, Theron Drier and Jim LaPoint, but neither was present at the meeting.

Mayor Toland recognized outgoing Police and Fire/Ambulance Commission member, Steve Leitch, for his service, and presented him with a plaque.

The Mayor thanked all for their service to the City.

Dave Fodroczi, Executive Director, Kinnickinnic River Land Trust – he wanted to come and introduce himself and speak about the land trust. He thanked the City for its support of a recent cleanup event that was based in Glen Park. He thanked the volunteers, River Falls Tire and also City staff, Cindi Danke and Kristy Treichel, for their help.

Alderperson Kusilek noted it was National Emergency Medical Technician week.

PUBLIC HEARING:

Annual Liquor and Beer License Renewals 

Mayor Toland recessed Council at 6:40 p.m. and went into a public hearing. At 6:41 p.m. with no one wishing to speak for or against this issue, Council reconvened into Open Session for disposition.

City Administrator Simpson clarified that Council should have received updated information for Boomer’s LLC., Big Stone, LLC., Family Fresh Market, and Walgreen’s. He said each were technical amendments.

MS Caflisch/Morrissette move to approve Combination “Class B” liquor and beer license for the applicants contingent on all licensing requirements being met at time of issuance.

MS Morrissette/Gagne move to amend motion and pull the following establishments for discussion:

Bo’s ‘N Mine, The Corner Saloon, Emma’s, Johnnies Bar, Mel’s, West Wind and the River Falls Bowling Center.

Simpson clarified that the Council wished to approve a Combination “Class B” liquor and beer license for Boomer’s LLC., Fletcher Pechacek American Legion Post 121, Ground Zero Bar, Lazy River Bar, Mainstreeter Bar, Mariachi Loco, LLC., RFCK Inc., Hanson Bros. Golf Holdings, LLC., River Falls Loyal Order of Moose, Shooter’s Pub, CBA Enterprises and Big Stone, LLC.

The Mayor asked for a vote to approve the licenses for the submitted establishments. The vote to approve was unanimous. The Mayor asked for discussion on the licenses that were pulled.

Alderperson Morrissette said he was troubled by a conviction for the Corner Saloon for an open after hours violation in September 2011. He wanted to examine any other violations for the applicant. He didn’t know if staff would have additional information. Simpson said if Morrissette wanted further information, he could table it for a future meeting.

MSC Morrissette/Nordgren move to table license application for review for the Corner Saloon. The motion to table passed 6-1 with all voting in favor except for Cronk.

Simpson clarified the renewal date is July 1. There are two more Council meetings prior to that date to take action on the licenses, so tabling the request does not hinder the Corner Saloon’s ability to operate.

Gagne said he discussed the possibility of creating an ordinance requiring outdoor areas to have an enclosed fence around their serving area. He pulled Bo’s ‘N Mine due to the outdoor patio. It was partly fenced but there was no sign indicating ‘no alcohol beyond this point.’

Caflisch asked the City Attorney if the licenses should be granted according to the current standard, and then if an ordinance was passed, things could be changed as needed. Attorney Hennemann said that was correct – current standards must be applied. He said an ordinance could be adopted at a later date.

Gagne asked if he should table the licenses and have the applicants come to a Council meeting for discussion. Gagne provided an example and Attorney Hennemann said it was an ‘enforcement issue.’ He said current criteria needs to be used for issuance.

Alderperson Reese noted these are renewal applications and prior applications included a drawing of the licensed area. He felt the licenses should be renewed as long as they were adhering to their original application.

Attorney Hennemann said there needed to be a defined area for the license. Reese felt the Council was looking for confirmation that the establishment was adhering to their original license. Gagne asked about tabling the license and inviting the applicant to the next meeting to answer questions. Administrator Simpson asked if Gagne wanted to table the application because he didn’t have enough information for a renewal. Gagne said yes. Attorney Hennemann said that would be an appropriate reason to table a license.

Motion by Gagne to table E &F Holdings, LLC. Aka Bo’s ‘N Mine for further review. The motion died due to a lack of a second.

The discussion moved onto Emma’s. Gagne said he pulled Emma’s due to the open lot with no fence or natural barrier. Motion by Gagne to table Emma’s. The motion died to a lack of a second.

Gagne moved onto Johnnies Bar. He talked about their outdoor area. Motion by Gagne to table Johnnies. The motion died to a lack of a second.

MS Gagne/Nordgren move to approve license for St. Croix Lanes. The motion passed 6-1 with all voting in favor except for Caflisch.

Attorney Hennemann asked for an amendment to the motion for St. Croix Lanes. Per state statute, an outdoor volleyball court cannot be included. He asked for an amendment excluding the volleyball area.

MSC Reese/Gagne moved to amend the application for River Falls Bowling Center to exclude the portion described as a volleyball court. Unanimous.

MSC Reese/Nordgren moved to approve the amended application for the River Falls Bowling Center. Unanimous.

Motion by Gagne to table the Westwind for further review regarding the outside area. The motion died due to a lack of a second.

Motion by Nordgren to approve Mel’s with an exclusion on the outside area. Attorney Hennemann suggested approving the license subject to the area being complete before the outdoor area was licensed.

MSC Nordgren/Gagne moved to approve Mel’s with an exclusion of outside area until it is completed satisfactorily. Unanimous.

Administrator Simpson reminded Council action was needed on: Bo’s ‘N Mine, Emma’s, Johnnies Bar, and the Westwind.

MSC Cronk/Morrissette move to approve the applications read by the Administrator. Unanimous.

MS Caflisch/Morrissette move for the approval of the Combination “Class A” liquor and beer licenses for Dick’s Plus, Family Fresh, Whole Earth Grocery, Kwik Trip Inc., Walgreen Company, DeVine Liquor and Dollar General.

Gagne wanted to pull Dick’s Plus. Reese wanted to pull Family Fresh and Dollar General. Simpson recommended there be an amendment to the original motion.

MS Gagne/Morrissette move to amend the motion to exclude Dick’s Plus, Dollar General and Family Fresh. The amendment passed 6-1 with all voting in favor except for Caflisch.

The Mayor asked for a vote on the original motion as amended (Whole Earth Grocery, Kwik Inc., Walgreen Company and DeVine Liquor). The motion passed unanimously as amended.

MS Gagne/Reese move to table Dick’s Plus for an opinion/review by Attorney Bill Thiel when he returns due to a law regarding sampling and selling outdoors. Caflisch asked for a roll call vote. Attorney Hennemann noted there could be discussion on each of the items prior to a vote. The Mayor clarified the vote was to table Dick’s Plus. There was further clarification by Administrator Simpson. The roll call failed 4-3 with Cronk, Caflisch, Morrissette and Reese voting against and Kusilek, Gagne and Nordgren voting in favor.

MS Morrissette/Cronk move to approve license for Dick’s Plus. The Mayor asked for discussion. Gagne felt the motion should be amended to exclude outdoor premises selling or consumption pending review from City Attorney. Nordgren discussed the outdoor sampling. Morrissette said the application indicated the applicant would be in compliant with any and all state statutes.

Simpson said the City Attorney would be prepared to give basic information on sampling laws. He said staff would read the application as it was submitted. There was further discussion.

Gagne moved to amend the exclusion of outdoor consumption, selling and wine tasting for Dick’s Plus. The motion died due to a lack of a second. The Mayor asked for a vote on granting the license for Dick’s Plus. The license was approved 6-1 with all voting in favor except for Gagne.

The Mayor moved onto Family Fresh. Reese talked about the new requirements. He talked about the store having a separate entrance for the liquor store. He expressed his concern regarding having a line of site view for employees for shoplifting and underage persons. He talked about them working with City staff to resolve any issues.

MS Reese/Morrissette move to table application. The Mayor asked for discussion. Caflisch asked if they had a building permit. Simpson said yes but noted staff didn’t review internal floor plans for site plan reviews. He talked about the Council’s different options regarding the license. Reese was confident that if Nash Finch staff work with City staff, the issue would be resolved.

The Mayor asked for a vote. After a voice vote, the Mayor asked for a roll call vote. The motion to table passed 5-2 with Kusilek, Morrissette, Gagne, Nordgren and Reese voted in favor of tabling and Cronk and Caflisch voted against.

The Mayor moved onto Dollar General. Reese said he pulled it because it was a first time application. City Clerk Hecht said it was not a first time application – they had it last year.

MSC Reese/Nordgren move to approve license for Dollar General. Unanimous.

MSC Caflisch/Nordgren move for the approval of the Class “B” beer licenses for Dish and Spoon, Luigis Pizza, Pizza Hut, Steve’s Pizza, and Earth Angels Coffee house. Unanimous.

MSC Caflisch/Morrissette moved for the approval of the Class “A” beer licenses for BP Amoco North Main, BP Amoco Paulson Road, Holiday Station Store, and Kwik Trip. Unanimous.

MSC Caflisch/Morrissette move for the approval of the Class “C” wine licenses for Dish and Spoon and Earth Angels Coffee House. Unanimous.

CONSENT AGENDA:

Acknowledgement of the following minutes:

Library Board – 4/2/12; Police, Fire and Ambulance Commission – 4/2/12;

Historic Preservation Commission – 4/11/12

Resolution No. 5603 - Awarding Bid for 2012 C&G, Sidewalk Program

Referral to Plan Commission Zoning Map Amendment Sterling Ponds Park ((Pulled by Caflisch

Resolution No. 5604 - Regarding City Janitorial Services Contract

MSC Nordgren/Cronk move to approve the remainder of the Consent Agenda. Unanimous.

Referral to Plan Commission Zoning Map Amendment Sterling Ponds Park

Caflisch didn’t understand the map. Simpson explained the area shaded in green is the rezone area. He explained the City is trying to get all the parks zoned consistently. This action would refer it to the Plan Commission. There was further clarification and discussion.

MSC Caflisch/Morrissette move to refer amendment to Plan Commission. Unanimous.

REPORTS:

River Falls Housing Authority Report

Anne McAlpine, Executive Director, thanked the Council for inviting her. She welcomed them to stop by the office and to ask for a tour. They own and manage 199 apartments for seniors, persons with disabilities and families with children. They also administer the Section 8 voucher program. The program provides rent assistance. McAlpine said they receive funding from and follow regulations from two federal agencies: The Housing and Urban Development (HUD) and the United States Department of Agriculture (USDA). McAlpine said they receive some funding but 74 percent comes from tenants’ rent. She provided Council with a graphic of revenue and expenses.

McAlpine said Windmill Place was the most recent building completed in 2007. She said it did not use any public monies. Two grants were used and also low interest loans. She said the Housing Authority makes a payment in lieu of taxes to keep the rent affordable. In 2011, the payment was $47,849 which is about 10 percent of their rental income.

She said the Housing Authority was created in 1971 by the City Council. The City Council appoints the five volunteer commissioners. The board sets policy and the staff implements policy. A new strategic plan was implemented last year. They set seven measurable goals and are making progress to meet them. She talked about their partnerships. She wants to make sure they are working to make good quality local housing in River Falls. She asked for questions.

Morrissette asked about occupancy. McAlpine said it was about 97 percent. She said they are used to seeing 99 percent. She talked about their renters and being good neighbors. Morrissette asked about evictions. McAlpine said she just had four in a two month period which is an abnormally high number. She thanked Council.

Administrator’s Report

Simpson provided information about upcoming office closures. Caflisch announced a Memorial Day Service at Greenwood Cemetery.

Comptroller’s Report for April 2012

Reese read the report: General Fund revenues through the end of April were $2,797,202 and include $115,985 in quarterly transportation aids and $22,967 in recreation program revenues. Expenditures for the same period were $2,344,688 or 28 percent of budgeted for a net of revenues over expenditures of $452,514.

CLOSED SESSION:

MS Caflisch/Cronk move to recess into Closed Session at 7:38 p.m. per Wisconsin State Statutes § 19.85 (1)(e) and (g) for the following purposes:

“Deliberating or negotiating the purchase of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session; to-wit: sale/purchase of Whitetail lots ” and

“Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.”

The roll call vote to recess into Closed Session was unanimous. Council had discussion on items for Closed Session consideration.

RECONVENE INTO OPEN SESSION:

MSC Nordgren/Kusilek move to adjourn into open session at 7:54 p.m. Unanimous.

Motion by Cronk to adjourn meeting at 7:54 p.m.

Respectfully submitted,

Kristi McKahan, Deputy City Clerk

(Pub. 06/21/12) WNAXLP

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