February Council Meeting
Regular MeetingColby, WI · February 6, 2024
Minutes
COLBY COMMON COUNCIL February 6, 2024 Page 1
The regular meeting of the Colby Common Council was called to order at 6:30
P.M. by Mayor James Schmidt. On roll call: O’Brien, T Schmidt, Baumgartner,
Hesgard, Hederer and Lindeman. Also present were Mayor James Schmidt,
DPW Harland Higley and Clerk Connie Gurtner.
Agenda was posted by the clerk. The agenda will stand as the order of the
meeting.
Minutes of the January 2nd meeting minutes were pre-read and reviewed.
Motion was made by Schmidt, seconded by Hederer to approve the minutes as
presented. Motion carried with a voice vote.
Financial Statement and Bills were discussed. Motion was made by Hederer,
seconded by Hesgard to approve the financial statement and bills. The amounts
approved are as follows: General Fund $617,411.19; Capital Fund $57,267.05;
Water Department $38,600.92; Sewer Department $55,474.65; Net payroll
$27,614.28. Motion carried with a voice vote.
Colby/Abbotsford Police Commission met on January 9th.
The commission approved minutes and expenditures.
Resolution 1-2024 Amending the 2023 Budget: Amendments to the 2023 budget
were presented as follows: Revenues: Metal Plate Income, $98,000, Temp Plate
Income, $60,000; Expenses: Fuel, +$5,000, Water, +$1,000, Health Insurance, -
$21,000, Auto Maintenance, -$5,000, State Retirement, +$10,000, Equipment, -
$5,000, Investigations, +$3,000, Drug Dog, +$2,000, Metal Plate, +$94,000,
Temp Plate, +$64,000. President Schmidt said this budget amendment is a
standard process every year and that he had reviewed the details with Chief
Bauer. The commission voted to approve Resolution 1-2024 as presented.
Chief's Report by Lieutenant Alex Bowman: Lieutenant Bowman said activity has
been hectic, with a number of traffic stops and OWI arrests. In just one weekend
there were six OWI arrests. Officers assisted with a drug investigation chase. K-9
Dodge found two of the three suspects hiding in the woods. K-9 Dodge will be
officially retiring on his 11th birthday Feb. 12. A presentation from the CAPD will
be made at the CAPC meeting that evening. Donations to the K-9 Fund have
been received from Colby Chrysler and Loos Machine. Officer Eric English has
been named K-9 Officer. He will be attending K-9 training for four weeks in Mid-
March, at the cost of $15,000. A dual purpose Dutch Shepherd dog (included in
the training cost) will be picked out. The new K-9 squad car is all set up.
Background investigations have been completed for the two new officers. Noemi
Fuentes-Ramirez Ana will be starting Jan. 17 and Kaden Goodwin will be starting
Feb. 7. The full-time SRO positions started Jan. 2 in the Abbotsford and Colby
school districts. Officer Nelson (assigned to the Colby School District) will be
attending Basic SRO Schooling in February 2024. The K-9 was deployed 11
COLBY COMMON COUNCIL February 6, 2024 Page 2
times in December, resulted in eight arrests. There were 756 total CAPD
activities reported for the month of December 2023. There were 8,642 activities
reported for the year of 2023, compared to 9,560 activities for the year of 2022.
City Planning Committee met on January 15th.
Minutes from September 13, 2023: Todd Schmidt pointed out that the motion to
adjourn should not say in closed session. Motion was made by O’Brien,
seconded by Lindeman to approve the minutes from 9-13-23 with the correction.
Motion carried with a voice vote.
Recap of Meeting 1 Items: Susan Badtke reviewed the goals for the meeting and
recapped information from the previous meeting.
Community Survey Results: The city had 56 responses to the survey. The survey
was available electronically and in hard copy in English and Spanish. The
deadline was November 20, 2023. Susan reviewed the results with the
committee.
Draft Vision Statement: The committee discussed the 2044 City of Colby Vision
Statement. Some bullet points were: safe, growing and welcoming community,
thriving economy, celebrate its history, have housing options to meet the needs
of all people, be known for its recreational opportunities, utilize is strengths to
create a sense of place. The committee had some suggestions to add to the
vision statement.
Populations and Housing Element: Susan reviewed the current populations
statistics. The committee discussed using the DOA projected populations in the
plan versus using an alternate projection of 2.5% growth every 5 years. The
committee discussed in great detail Sections 2.7 Housing Goals & Objectives
and 2.8 Housing Policies & Recommendations.
Economic Development Element: The committee reviewed the current
commercial and industry in the community. They also brainstormed types of
businesses and industries that we would like to see develop in Colby. Section 6.9
Economic Development Goals and Objectives and Section 6.10 Economic
Development Policies and Recommendations were then discussed for updates
and recommendations.
Cultural/Historic Resources Element: This topic will be discussed at the next
meeting.
Next Steps and Meeting Date: Outstanding items from meeting #2, Discuss
Transportation Element, Discuss Utilities & Community Facilities Element. The
committee will meet on March 4, 2024 at 6:00 PM.
COLBY COMMON COUNCIL February 6, 2024 Page 3
Central Fire & EMS District met on January 18th.
Minutes were distributed to the council.
Colby Economic Development Corp met on January 17th.
Meeting Details: The revised CEDC By-laws were reviewed. The committee
voted to approve the revised CEDC By-laws as presented. J. Schmidt distributed
copies of the Loyal Economic Development Corporation By-laws. He said many
of the provisions were "boiler plate" for economic development corporations. He
said the Loyal organization will be disbanding soon. J. Schmidt said Loos
Machine had received an economic development achievement award. The
committee voted to add Connie Gurtner and Harland Higley as CEDC members.
Motion carried with a voice vote. Potential new CEDC members suggested
included Kevin Hanson, Eric Mertens, Mark Viegut and Shannon Grewe. T.
Schmidt said he would check with Heather Jeske at Nicolet Bank and
Superintendent Patrick Galligan of the Colby School District to determine their
interest in joining. Lindeman and T. Schmidt have both discussed CEDC
membership with Grewe. CEDC membership representation was suggested in
the areas of housing, medical, publishing, legal and community organizations. T.
Schmidt said good prospects could come from the Abby Colby Crossings
Chamber of Commerce membership list. CEDC meetings will be scheduled
quarterly, with additional meetings called as needed. Discussion was held on
marketing, growth and development, future funding sources for the CEDC,
designing letterhead and the situation with the Marshfield Clinic Health System.
Gurtner said she would check into government filing requirements for the CEDC
and liability insurance coverage for the CEDC and its board of directors. She also
volunteered to develop a basic CEDC membership application form. J. Schmidt
said he would look into minutes from previous CEDC meetings. It was decided to
hold the next CEDC meeting on Wednesday, April 10, at 5:00 pm at Colby City
Hall. Snacks will be offered. T. Schmidt said he would prepare a press release
and flyer about the meeting and the CEDC seeking to add new members and
becoming more active.
Financial Report: Checking account balance: $2,754.15; Certificate of Deposit
(CD) balance: $21,755.95. The CD at Nicolet Bank earns 2.48% interest and
matures on 07/11/24.
Mayor Schmidt: Mayor Schmidt reported on his meeting of the United
Communities of Clark County.
DPW Higley: The following building permits were issued: Loos Machine &
Automation, 101 S 1st St, interior remodel; Michael & Katherine Leader, 515 N 5th
St, remodel bathroom; Audrey/Jeff Wickersham, 311 S 6th St, new shower & tile;
Candy Strey, 204 E Monroe St, reside house & repair garage; Randy Hesgard,
600 W Dolf St, siding on house and shed.
COLBY COMMON COUNCIL February 6, 2024 Page 4
DPW Higley reported on the precipitation and flows for January 2023 at the STP.
He also reported on the pumpage of water for January 2023.
Operator’s License: The city received the following operator’s licenses: Pascual
Alvarez Zarza, W5257 Hickory Rd, Withee; Miguel Zavala, 116E 3 rd Ave, Stanley.
Motion was made by Hederer, seconded by Lindeman to approve. Motion carried
with a voice vote.
Liquor License: The city received an application for a Class B Combination
license from El Derbi LLC, Agent: Pascual Alvarez Zarza for 121 S 1st Street,
Colby, WI. Motion was made by Hederer, seconded by Lindeman to approve.
Motion carried with a voice vote.
Picnic License – St. Mary’s Knight of Columbus: The city received the
following picnic license – St Mary’s Knights of Columbus Fish Boil 2/23, 3/8, 3/22.
Motion was made by Hesgard, seconded by Hederer to approve. Motion carried
with a voice vote.
Retainer Agreement with Dempsey Law Firm for Francis Melvin Dispute:
The city is in a dispute with Francis Melvin over payment on North 2nd Street. The
city’s attorney William Gamoke has a conflict of interest and has asked the city to
contact a different attorney. The city has retained Lee Turone from Dempsey
Law. Motion was made by Schmidt, seconded by Baumgartner to approve the
retainage contract. Motion carried with a voice vote.
Resolution 7-2023 Vacating of Streets in Rahm Estates: Motion was made by
Schmidt, seconded by Lindeman to approve Resolution 7-2023 to vacate and
discontinue all of Herman Street and Hazel Drive and the North 144.95 feet of
Lieders Street and the South 122 feet of Jackson Street in the Replat of Rahm
Estates. Motion carried with a voice vote,
Bids for Chip Sealing of S 6th Street: The city received 2 sealed bids for chip
sealing S 6th Street – Fahrner Asphalt Sealers for $39,337 and Scott
Construction Inc for $46,855. Motion was made by Hederer, seconded by
Hesgard to approve the bid from Fahrner Asphalt Sealers in the amount of
$39,337. Motion carried with a voice vote.
Committee meetings for February: Colby-Abbotsford Police Commission will
meet on February 12, 2024 at 6:30 P.M. at the Police Department. Central Fire &
EMS District will meet on February 15, 2024 at 7:00 P.M. at Station 2. City
Planning Committee will meet on March 4, 2024 at 6:00 P.M.
Closed Session: Motion was made by Schmidt, seconded by Hesgard to go into
Closed session per Wisconsin State Statute 19.85 (1)(e) Deliberating or
negotiating the purchasing of public properties, the investing of public funds, or
COLBY COMMON COUNCIL February 6, 2024 Page 5
conducting other specified public business, whenever competitive or bargaining
reasons require a closed session. PURPOSE: Negotiate the Sale of 2 acres on
N Division St. Roll Call Vote: Ayes – Baumgartner, Hederer, Hesgard, Lindeman,
O’Brien, Schmidt. Noes – none. Motion carried.
Reconvene in Open Session for Action from Closed Session: Motion was
made by Schmidt, seconded by Baumgartner to reconvene in open session. Roll
Call Vote: Ayes – Baumgartner, Hederer, Hesgard, Lindeman, O’Brien, Schmidt.
Noes – none. Motion carried. Motion was made by Hederer, seconded by
O’Brien to approve the Purchase and Sale Contract and the First Amend to the
Purchase and Sale Contract from The Overland Group LLC to purchase 2 acres
of land owned by the city fronting North Division Street for $80,000 with the
understanding that they will agree to construct real estate with a minimum square
footage of 10,640 sq feet within 3 years. Motion carried with a voice vote.
Adjourn: Motion was made by Hederer, seconded Schmidt by to adjourn at 7:14
P.M. Motion carried with a voice vote.
Approved _____________________
James W Schmidt, Mayor
Attest _________________________
Connie L Gurtner, Clerk
Agenda
***AMENDED 2/5/24***
COLBY COMMON COUNCIL
TUESDAY, FEBRUARY 6, 2024
6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. MINUTES OF THE JANUARY 2ND MEETING
4. APPROVAL OF FINANCIAL STATEMENT AND BILLS
5. PUBLIC COMMENT (THREE MINUTE LIMIT PER INDIVIDUAL)
6. COMMITTEE REPORTS
A. C-A POLICE COMMISSION 1/8
TODD SCHMIDT
B. CITY PLANNING COMMITTEE 1/15
TODD SCHMIDT
C. CENTRAL FIRE & EMS DISTRICT 1/18
NANCY O’BRIEN
D. COLBY ECONOMIC DEVELOPMENT CORP 1/17
MAYOR SCHMIDT
7. OTHER REPORTS
A. MAYOR
1. UNITED COMMUNITIES OF CLARK COUNTY
B. CLERK
C. DIRECTOR OF PUBLIC WORKS
1. BUILDING PERMIT
2. MONTHLY WATER AND SEWER REPORTS
D. ENGINEER
8. MATTERS FOR CONSIDERATION
A. OPERATORS’ LICENSES
B. LIQUOR LICENSE – EL DERBI LLC, 121 S 1ST STREET
C. PICNIC LICENSE - ST. MARY’S KNIGHTS OF COLUMBUS FISH BOIL/FRY 2/23,
3/8, 3/22
D. RETAINER AGREEMENT WITH DEMPSEY LAW FIRM FOR FRANCIS MELVIN
DISPUTE
E. RESOLUTION 7-2023 VACATING OF STREETS IN RAHM ESTATES
F. BIDS FOR CHIPSEALING S 6TH STREET
G. COMMITTEE MEETINGS FOR FEBRUARY
9. Closed Session per Wisconsin State Statute 19.85 (1)(e) Deliberating or negotiating the
purchasing of public properties, the investing of public funds, or conducting other specified
public business, whenever competitive or bargaining reasons require a closed session.
PURPOSE: Negotiate the Sale of 2 acres on N Division St.
10. RECONVENE IN OPEN SESSION FOR ACTION FROM CLOSED SESSION
11. ADJOURN
Upon reasonable notice, efforts will be made to accommodate the needs of individuals with disabilities.
Please contact the City Clerk’s Office at (715) 223-4435 or e-mail: clerk@cityofcolby.org
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