Prescott City Council disagrees over controversial Small Box Discount Store Ordinance

Mayor’s vote breaks tie in split vote

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At the April 8 regular Prescott City Council meeting, alderpersons disagreed on an amendment to city code dealing with small box discount stores.  

Alderperson Dar Hintz said the addition will offer some guidelines such as making sure stores are 7,000 feet apart, have a customer service number available for complaints, and a dedicated area offering lean proteins and healthy greens, etc.

“These are just some ways that we can address the Family Dollar, the Dollar General. My personal opinion is that they offer many positive things as far as cheaper prices for residents who live on a very limited budget; however, there has to be some sort of balance,” she said. Alderperson Bailey Ruona said further definitions may be needed. Alderperson Pat Knox said he feels it is too detailed and “we’re somewhat legislating our way to discourage businesses.” Ruona added it will be hard to enforce and create complications. City Administrator Matt Wolf said Prescott would be the second city in the State of Wisconsin to have an ordinance like this and that since it is relatively new, it has not been tested in court cases.

As the council discussed complaints from residents and the possible future ramifications of the ordinance, Knox expressed his opinion.

“I don’t like saying that we don’t want a business. If the business wants to take the chance and invest in our community and then if people don’t like it, then they don’t have to shop there. But to start saying we don’t want stuff, I think it sets a bad precedent and that’s just where I sit on it. I would not approve this. I would vote no.”

Alderperson John Peterson motioned to approve the ordinance to a second reading with a second from Hintz. Peterson, Hintz and Alderperson Lindsey Owens voted to approve while Ruona, Otwell, and Knox voted against the ordinance. With a rare split vote, Mayor Robert Daugherty broke the tie by voting to approve the first reading of the controversial ordinance.

Highway 10

Wolf updated the council on the highway agreement with the Department of Transportation. The DOT is planning to reconstruct, mill and repave US Highway 10 past the 29 and 10 intersection and State Highway 35 up to Wacota Street. Wolf reminded the Council that the DOT is requiring the city to sign a financial and maintenance agreement.

“Ultimately what we have decided is to move forward with those agreements,” he said.

He added that financially it would be a cost share for the city of $238,000.

“A majority of this is due to the sidewalk that was previously discussed going up State Highway 35, also a portion of sidewalk on State Highway 29 as well,” he said.

The cost includes the mill and overlay of the parking downtown for which the city is responsible for maintaining.

Ruona, Knox, and Otwell said they tried numerous times to negotiate with the DOT and find a path forward with them. They are frustrated as they also reached out to many state representatives.

“It’s the big guy versus the little guy honestly. We have to basically take responsibility for maintaining that highway for X amount of years,” said Ruona.

“This maintenance agreement is basically a passing the buck from Madison to pay for this on the State DOT program onto the municipalities. So, any tax break that occurred on your state income taxes is now going to be added to your city taxes to cover this,” he said.

He added that in a city the size of Prescott, they don’t have the equipment to do this.

Ruona said the council is trying to do right for the city, and they want the sidewalk up to Freedom Park or further if possible and they want to make it safer for children to cross the street in that area. In order for that to happen, the city has to enter into this contract with the DOT.

“On that note I would make a motion to approve, unfortunately on every level, signing this stupid contract,” Ruona said.

It passed unanimously.

Well #3

Market & Johnson was awarded the bid for the treatment of Well #3 at a cost of $3,045,000. The city received loan approval through the Safe Drinking Water Loan program to cover almost $2 million for principal forgiveness or a grant.

Well #3 has been shut off since September 2021 after the city learned it exceeded nitrate levels. Market & Johnson was the lowest bid of the four the city received, with bids by Wapasha Construction Co., Inc. at $3,077,777, R.J. Jurowski Construction at $3,212,319, and Rice Lake Construction Group at $3,491,000.00. The water fund will cover the costs until the city receives the Safe Drinking Loan proceeds.

The council also approved the contract for professional services by CBS Squared for construction administration for the Well #3 Treatment Project.

“We always have a construction administration or oversight. It’s usually done by the engineer who’s done and handled the design,” Wolf said.

The agreement is for $301,829. Ruona asked if a project manager will be present when contractors are on site. A representative for CBS Squared said they will discuss it with the city, but the plan is for a resident project representative to be onsite when work is being done. Ruona questioned if the city is paying for the lodging and transportation mileage.

“Yes, it is not to exceed cost,” said John Strand via cellphone. “So, it includes time, labor and expenses.”

He further explained that he doesn’t anticipate lodging, but it would need to be covered in the agreement if the need arose.

“It’s just interesting, I have not seen it laid out like that in a contract before,” Ruona remarked.

Paving projects

Monarch Paving Company was awarded the bid for the 2024 mill and overly of Cherry and Monroe streets and Willow Lane for $235,627.40. Wolf said he reached out to five companies but only received one bid.

“The bids that did come in were substantially lower than what the projects were estimated at,” said Wolf.

The city will pay for Monroe Street and Willow Lane out of reserves from the Capital Fund. “However, we would be reimbursing that from interest earned on our 2023A bond that we’ve accumulated for Locust, Elm and Washington Street, once that project is finished,” he explained.

He added that for Cherry Street the funds would be coming out of Tax Increment District #4.

“Since interest rates have gone up, we’ve received a substantial larger amount of interest earnings from various revenue that we have that we’re using to invest instead of having to take out debt,” Wolf said.

Other business

The city entered into a 36-month renewal agreement with Computer Integration Technologies, Inc. for IT managed services at a price of $1044 per month. Wolf said while the agreement is $300 lower per month, they will now be charged for service hours on a monthly as use basis.  

The council approved the first reading of zoning ordinance amendment that changes the 25-foot rear yard setback to a zero rear yard setback for a C1 District unless it’s a non-fire proof construction; then it would have to meet the minimum 10-foot building code requirement.

With the Prescott Public Works Department taking on more internal projects, Wolf said PWD asked to trade in the current excavator for a large size excavator and purchase a John Deere 325G Compact Track Loader. The Finance Committee recommends purchasing the items instead of leasing. The price for the equipment with the trade in comes to $125,643.36. Wolf said they city has an unaudited restricted balance in the Capital Fund of $383,258 that would be used to purchase these items. The council unanimously approved the purchase agreement with Midwest Machinery Company for $125,643.

“This expense does wind up saving us money in the long run on work that has to be done on roads and water things and stuff like that,” Knox said.

To the applause of his fellow council members, Daughtery commended Knox for his years of service as Ward 5 representative. He chose not to seek re-election in April.

He stated, “Council Member Patrick Knox has displayed true dedication to his position, outstanding leadership, sincere concern for all citizens of the City of Prescott, and devotion for the common good of Prescott. Now, therefore, upon motion duly made, seconded and passed by a majority vote; be it resolved by the City Council of the City of Prescott as follows: Patrick Knox is commended for the years of dedicated service you have given to the City of Prescott and its residents. We all wish you great health and success in all endeavors.”

Daughtery also commended Ruona for her years of service as an at large alderperson and repeated the same proclamation used for Knox. She ran as a write-in candidate but was defeated by Michael Gerke.

Prescott City Council, small box discount stores, Highway 10 construction, Well #3, paving projects, Prescott, Wisconsin