June 2022 Council Meeting

COLBY COMMON COUNCIL June 7, 2022 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 Higley, Clerk Connie Gurtner, Dave Rasmussen and Mike Voss of MSA and citizens. Agenda was posted by the clerk. The Mayor noted that we will be moving Item #6 (D) up on the agenda so that Dave Rasmussen could participate. The amended agenda will stand as the order of the meeting. Joint Review Board/City Planning met on May 18th and June 7th. At the Joint Review Board meeting on May 18th Dave Rasmussen reviewed the proposed TIF #4 plan with members of the board. City Planning of May 18th Public Hearing for Proposed Project Plan and Boundary for TIF #4: Dave Rasmussen reviewed the Proposed Project Plan and Boundary for TID #4. City Planning will meet just prior to the June council meeting to make a recommendation to the City Council. Tree Planting in the Boulevard: The Parks Committee did discuss planting trees in the boulevard. Erin Hennes is working on getting data from other municipalities to determine an ordinance for planting. Brian Haines asked if it was the will of the council to overturn the current ordinance to allow for planting in the boulevard. The committee agreed that the city will research and work quickly to get an ordinance in place. Fire Hall Improvements: DPW Higley said that the Joe Mueller has approached the city about the sidewalk & pillars coming out of the fire hall. It is heaving and needs to be replaced. DPW Higley is estimating that the full project would be about $2,000. The committee approved the replacement of sidewalk/pillars at a cost not to exceed $2,000. City Planning of June 7th Resolution 10-2022 City of Colby Planning Committee Creation of TIF District #4: The committee approved Resolution 10-2022 as presented to approve and adopt the project plan for TIF District #4. Tree Planting in the Boulevard: The Parks and City Planning Committee both have discussed planting trees in the boulevard. The council members have some sample ordinances to review and discuss. The committee voted to recommend to the council to create an ordinance allowing and regulating the planting trees in the boulevard. Motion was made by T Schmidt, seconded by Baumgartner to COLBY COMMON COUNCIL June 7, 2022 Page 2 approve the planting of trees in the road right of way and also create an ordinance regulating all tree planting in the city. Motion carried with a voice vote. Resolution 11-2022 City of Colby Resolution Approving the Creation of TIF District #4: Motion was made by T Schmidt, seconded by Hederer to approve Resolution 11-2022 as presented to approve and adopt the project plan for TIF District #4. Motion carried with a voice vote. Minutes of the May 3rd council meeting were pre-read and reviewed. Motion was made by T Schmidt, seconded by Hesgard 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 O’Brien to approve the financial statement and bills. The amounts approved are as follows: General Fund $95,272.71; Capital Fund $5,415.89; TIF Fund $790,678.06; Water Department $31,428.81; Sewer Department $39,137.81; Net payroll $23,786.57. Motion carried with a voice vote. Colby/Abbotsford Police Commission met on May 9th. The commission approved minutes and expenditures. Election of President: Nominations were opened for the position of CAPC President. Hederer nominated Todd Schmidt. President Schmidt asked three times for further nominations. Hederer made a motion to close nominations and cast a unanimous ballot for Todd Schmidt, seconded by Hesgard. Motion carried with a voice vote. Election of Vice President: Nominations were opened for the position of CAPC Vice President. Hesgard nominated Dan Hederer. President Schmidt asked three times for further nominations. Hesgard made a motion to close nominations and cast a unanimous ballot for Dan Hederer, seconded by Diedrich. Motion carried with a voice vote. Election of Recording Secretary: Nominations were opened for the position of CAPC Recording Secretary. Hederer nominated Todd Schmidt. President Schmidt asked three times for further nominations. Hederer made a motion to close nominations and cast a unanimous ballot for Todd Schmidt, seconded by Diedrich. Motion carried with a voice vote. Metal Plate Fund (MPF) Transfers-Sick Time Payouts PD Fund: Chief Bauer said it was an annual process to transfer excess funds from the Metal Plate Fund to meet expenses. He said as of May 1 there was a balance of over $12,000 in the MPF. He said a balance of around $5,000 should be kept in the MPF. The commission approved the transfer. Motion was made by Hederer, seconded by COLBY COMMON COUNCIL June 7, 2022 Page 3 Hesgard to transfer $3,100 to Sick Time Payout expenditures and $4,500 to the general checking account. Motion carried with a voice vote. Speeding Complaints: President Schmidt said several citizens raised concerns at a recent Colby City Council meeting about individuals speeding through the construction zone on North Second Street in Colby. He said he would bring up the topic for discussion at the CAPC meeting. He asked Chief Bauer what the patrol procedure was in that area. Bauer said speeding has been a problem in that area, as well as other areas including Business 29, STH 13, Sixth Street and Seventh Street in Colby, and Pine Street and Linden Street in Abbotsford. Chief Bauer said the officers were doing their best rotate in those areas to crack down on speeding. Chief's Report: Chief Bauer said the K-9 was deployed three times in April, resulting in two arrests. There were 614 total CAPD activities reported for the month of April, with a year-to-date total of 2,859, compared to 3,300 total CAPD activities reported for the first four months of 2021. Chief Bauer said officers have been handling a number of complaints. Chief Bauer said there was a $700 cost to install a rebuilt starter in one Durango squad. He stated that new video cameras have been installed in the intox and interview rooms. He said new CAPD Officer Brandon Nelson was starting May 11. Chief Bauer said a 0% error rate in the Incident Reporting System has been experienced the last few months. Meeting date for June 2022: The next CAPC meeting will be held at 6:30 p.m. on Monday, June 13, 2022, at the CAPD. Closed Session: The remainder of the meeting was held in Closed Session to discuss officer wages. Parks/Rec/Recycling Committee met on May 11th. South 6th Street Park – 3rd Volleyball Court - Wade Oehmichen was at the meeting to discuss expanding the volleyball courts to the East by adding a third volleyball court. Wade states that this community has the most well attended volleyball league compared to many other area leagues. Last year, there were 12 teams in two courts and there are 20 teams already planned for the 2022 summer league. Wade would like to promote volleyball at both middle and high school level by using the courts for summer camps and training. To construct, the area would need poles, lights, dug hole, drain tile, and approximately 13 loads of sand. The sand will be donated by volleyball league. The cost for these items is estimated at $2,700. The league has at $1,000 from registrations for donations, with the possibility of raising the remainder. Baumgartner questioned the cost of the light. DPW Higley informed that it would be about $500 making the full cost around $3,200. The committee moved to provide 3rd Volleyball court on South 6th Street to include lights, poles, electricity, and sand at a cost not to excel $3,500. Motion was made by O’Brien, seconded by Baumgartner to approve the COLBY COMMON COUNCIL June 7, 2022 Page 4 installation of a 3rd volleyball court in the S 6th Street Park at a cost not to exceed $3.500. Motion was made with a voice vote. Planting Trees in the Boulevard – Current Colby City Ordinance states that trees cannot be planted in the boulevard. There is interest in updating this ordinance to allow planting of trees in the boulevard. DPW Higley states that he received a letter from the DNR suggesting trees that are preferred for planting in the boulevard. Charlotte Haines attended the meeting and asked if the planting of trees can be put back as the city’s responsibility. DPW Higley states that he just doesn’t have the manpower to commit to full care of trees. Haines suggest that the city look into a bulk order through a greenhouse to save on cost. Todd Schmidt suggested that the city could look at possibly getting trees sponsored. Resident Julie Decker asked what the planting timeline looks like. Mayor Schmidt stated that they would not be planted until after the completion of the 2 nd Street project which could be next year. The first step is to get the ordinance amended to allow for planting. The full process to get the ordinance changed could take a few months. There was a suggestion to get copies of similar municipalities tree ordinances and bring back to next meeting for discussion. Deputy Clerk Hennes will have this information ready for the next meeting. Storm Damage Update – DPW Higley provided update of storm damage cleanup. The following items have been completed: the shelter is back on the slab, announcer’s stand’s door and steps have been replaced, shelter siding is half done, and the window is measured and ordered. There are many items that need to be completed once its drier, such as replacing the slide and fixing the security fence. The dugout will be built next week. For now, the park is useable. Todd Schmidt asked about the city’s cost to repair this damage with insurance. DPW Higley stated that there are no extra costs at this time. The city’s insurance deductible is $500 and should only cost us that amount, with the remainder being covered by the insurance. 2022 Parks Budget Items – Nancy O’Brien reviewed park budget amounts. DPW Higley states that none of the items in the approved budget have been completed yet while the ball park was being repaired. DPW Higley asked if the Lions wanted to use any park’s budget money to complete the Cheese Days Bingo building. It was discussed at a previous meeting that if the money was not used for this project, it could be used for the South 6th Street parking lot. DPW Higley will get pricing and report back at the next meeting. Board of Review met on May 17th. The board reviewed the 2022 assessment rolls for both Marathon and Clark Counties. The city had an increase of assessed value in the city of $1,158,400. No citizen filed complaints this year. Central Fire & EMS District met on May 19th. COLBY COMMON COUNCIL June 7, 2022 Page 5 Nancy O’Brien reported on the meeting. Motion was made by Hesgard, seconded by Hederer to approve Amendment #2 to the Intergovernmental Cooperation Agreement as follows. Motion carried with a voice vote. AMENDMENT NO. 2 TO INTERGOVERNMENTAL COOPERATION AGREEMENT RE: CENTRAL FIRE & EMS DISTRICT This Instrument is made and entered into this 7th day of June, 2022 by and between the City of Abbotsford, a municipal corporation (“Abbotsford”); the City of Colby, a municipal corporation (“Colby”); the Village of Dorchester, a municipal corporation (“Dorchester”); the Town of Mayville, a body politic (“Mayville”); the Town of Colby, a body politic (“T Colby”); the Town of Hull, a body politic (“Hull”); and the Town of Holton, a body politic (“Holton”). (All of the foregoing hereinafter sometimes referred to in the singular as a “Municipality” or in the plural as “Municipalities,” and all being situated in Clark and Marathon Counties, Wisconsin. Whereas all the above-mentioned municipalities have agreed to amend the Intergovernmental Cooperation Agreement, Section 6.13 Special Voting by unanimous consent of all boards. Section 6.13 shall now read as follows effective upon signing: Notwithstanding any provision to the contrary contained in Section 6.8 or elsewhere in the Agreement, the following decisions (the “Major Decisions”) shall require the affirmative vote of those Members of the Commission who represent Municipalities wherein at least 66% of the total “equalized value” of the taxable property in the District shall be determined in accordance with Section 70.57, Wis. Stats.l, and includes the “value increment” of all tax incremental financing districts located within all Municipalities, as that term is defined in Section 66.1105(2)(m), Wis. Stats. For purposes hereof, the term “Major Decisions” means any of the following, to-wit: (i) approval of the annual operating and capital budgets of the District; or (ii) the acquisition of any single item of property (real or personal) that has an acquisition price of $100,000 provided the Commission has adequate funds in the equipment fund to make such purchase in place and no additional costs would be passed on to the municipalities, which acquisition has not been reflected in an approved budget for the year in question; or (iv) any financing by the Commission which is authorized pursuant to Section 66.0301(4), Wis. Stats. We attest that the City of Colby met on June 7, 2022 at a properly posted meeting. At such meeting we passed Amendment No. 2 to the Intergovernmental Cooperation Agreement. COLBY COMMON COUNCIL June 7, 2022 Page 6 Mayor Schmidt: Mayor Schmidt re-appointed Lee Kaschinska and Cathy Johnson as Library Board Members for a three-year term. Motion was made by T Schmidt, seconded by O’Brien to approve the appointment. Motion carried with a voice vote. He also reported on the meeting of the United Communities of Clark County. Mayor Schmidt thanked the VFW Auxiliary for the donation of flags. Clerk Gurtner: Clerk Gurtner reminded the council that the city has started the process for a water rate increase using the Public Service Commission’s Simplified Rate Case Application. The rates for general service will increase 4.5 percent. DPW Higley: The following building permits were issued: Jim Rau, 500 W Dolf St, replace falling brick with stone; Todd Schmidt, 203 S 2 nd St, shingle and repair trusses on house and garage; David Landwehr, 206 S 6th St, new flooring, bathroom, kitchen, furnace; James Roth, 201 S 3rd St, deck; James W Schmidt, 201 S 6th St, shingles & siding; The Crossings Clinic, 608 N Division St, sign; Lony Oestreich, 305 S 6th St, storage shed; Rachel Wolfe, 204 W North St, island, header, flooring, drywall repair, paint; Antonio Morales, 316 S 2 nd St, roofing, paint, fix basement; Dalton & Jessica Scheer, 507 S Main St, new garage; Terry & Betty Kayhart, 501 S Main St, siding, shingles; Codee Peterson, 315 Dehne Dr, concrete driveway; Patrick Leichtnam, 301 N 6th St, blacktop driveway; Janet Gurtner, 207 N 6th St, roof house & garage; Cynthia Kallstrom, 312 N 7th St, install new front door; David & Donell Bedroske, 410 N 6 th St, remove sidewalk/driving and replace with concrete; Phil David, 300 S Division St, install privacy fence; Carl Thompson, 103 N 7th St, patio and patio door; Loos Machine & Automation, 705 S Division St, raze south part of PCA building; Lesa Hawkey, 315 N 2nd St, roof. DPW Higley reported on the precipitation and flows for May 2022 at the STP. He also reported on the pumpage of water for May 2022. He reported of a two water main breaks this past month. The ballpark repairs are coming along well. MSA Engineering: Mike Voss reported on the progress of the Community Drive and N 2nd Street projects. WATCO is not going to allow a permit to the city to change the storm water location, so MSA is working on an alternative solution. Operator’s License – list dated June 7, 2022: Motion was made by Hederer, seconded by O’Brien to approve the list of operator’s dated June 7, 2022. Motion carried with a voice vote. Hannah Meier 222888 County Rd F, Colby, WI Provision Jenna Morrow 606 S Main St, Colby Provision COLBY COMMON COUNCIL June 7, 2022 Page 7 Carmen Heart B752 Cty Rd P, Unity Provision Zachary Brockhaus 315 N 7th St, Colby, WI Provision Cosvy Alejandra Herrera Saldana 214 W Sycamore St, Abbotsford, WI El Rinconcito Kevin Edwardo Alvarez Lopez 405 Swamp Buck Dr, Apt 16, Abbtosford, WI El Rinconcito Donna Woellner 536 N Paul Ave, Owen, WI Colby Travel Stop Samantha Rizzo 831 N Park Ave, Owen, WI Colby Travel Stop Trevor Ellenbecker 317 N 3rd St, Abbotsford Colby Travel Stop Jesse Beran 122 S 4th St, Abbotsford WI Colby Travel Stop Gage Orlikowski 514 N Division St, Colby, WI Bowl Winkles 2 Nicole Bernt 109189 Wuertzburg Rd, Abbotsford VFW Julie Neubauer 402 N Beaver St #30, Loyal, WI VFW Thomas Neubauer 402 N Bearer St, Lot #30, Loyal, WI VFW Kent Schilling 300 W Pine St, Abbotsford, WI VFW Rita White W2339 Cloverdale Rd, Colby, WI VFW Madeline Kick 509 N 5th St, Colby, WI VFW Kieth Roewe 509 N 5th St, Colby, WI VFW Dawn Roewe 509 N 5th St, Colby, WI VFW Patrick Mateer N15286 Estate Dr, Abbotsford WI VFW Ashley Leader 406 W North St, Colby, WI VFW Leighton Drolshagen 502 W Spence St, Colby, WI Hunter's Choice Renee Cardarelle 603 W Carol St, Colby, WI Hunter's Choice Jessie Hederer 212 S 3rd St, Colby, WI Hunter's Choice Dan Hederer 212 S 3rd St, Colby, WI Hunter's Choice Deborah Olson 205 E Spence St, Apt B, Colby, WI Hunter's Choice Christina Bores 827 N 2nd Ave, Wausau WI Hunter's Choice Scot Baumgartner 305 S East St, Colby, WI Tesmer's Tom Firnstahl 704 E Monroe St, Colby, WI Tesmer's Dallas Wiese 507 N 2nd Ave, Abbotsford, WI Tesmer's Elizabeth Baumgartner 305 S East St, Colby, WI Tesmer's April Schulz 34 Huron St, Neillsville, WI Tesmer's John Feiten 419 N 2nd St, Colby, WI Liquor License – list dated June 7, 2022: Motion was made by Hesgard, seconded by Hederer to approve the list of operator’s dated June 7, 2022. Motion carried with a voice vote. Name: ProVision Partners Agent: Deborah Schoelzel Address: 702 S Division Street Type of License: Class A Combination Date Filed: May 13, 2022 Name: Cenergy LLC Agent: Jessica Dodd Address: 1210 N Division Street Type of License: Class A Combination Date Filed: May 4, 2022 COLBY COMMON COUNCIL June 7, 2022 Page 8 Name: Robbie Smazal Trade Name: Smazal’s Hunter’s Choice Address: 109 S 1st Street Type of License: Class B Combination Date Filed: May 16, 2022 Name: Huber-Schmitt-Bruesewitz-Decker VFW Post 2227 Inc Agent: Kent Schilling Address: 104 S Division Street Type of License: Class B Combination Date Filed: May 18, 2022 Name: Timothy Shannon Trade Name: Tim’s Northside Bar & Grill Address: 102 E Adams Street Type of License: Class B Combination Date Filed: May 9, 2022 Name: Randel J Tesmer Trade Name: Tesmer’s Town & Country Bar Address: 121 S 1st Street Type of License: Class B Combination Date Filed: May 12, 2022 Name: Bowl-Winkles Two LLC Agent: Tyler Messman Address: 506 N Division Street Type of License: Class B Combination Date Filed: May 11, 2022 Name: El Rinconcito by Las Delicias LLC Agent: Kevin Alvarez Lopez Address: 100 W Clark St Type of License: Class B Combination Date Filed: May 11, 2022 Picnic Licenses – Colby Cheese Days 7/15-17: The city received the following picnic licenses: Abby Colby Crossings, S 1st Street Park Shelters, July 14th to July 18th, 2022 – Motion was made by O’Brien, seconded by Hesgard to approve. Motion carried with a voice vote; Colby Lion’s Club, Colby Ballpark, July 14th - July 18th, 2022 – Motion was made by T Schmidt, seconded by Hesgard to approve. Motion carried with a voice vote. Resolution 8-2022 Compliance Maintenance Resolution for Sewer Treatment Plant: Motion was made by T Schmidt, seconded by Hesgard to COLBY COMMON COUNCIL June 7, 2022 Page 9 approve Resolution 8-T2022 Compliance Maintenance Resolution for Sewer Treatment Plant as follows. Motion carried with a voice vote. COMPLIANCE MAINTENANCE RESOLUTION 8-2022 RESOLVED that the City of Colby informs the Wisconsin Department of Natural Resources that the following actions were taken by the Colby Common Council. Reviewed the Compliance Maintenance Annual Report which is attached to this resolution. Set forth the following actions necessary to maintain effluent requirements contained in the WPDES Permit: None Resolution 9-2022 to Adopt the Clark County Outdoor Recreation Plan, 2022-2027 as the Official Comprehensive Outdoor Recreation Plan for the City of Colby: Motion was made by Hesgard, seconded by Lindeman to approve the Resolution 9-2002 as follows. Motion carried with a voice vote. Resolution No. 9-2022 Resolution to Adopt the Clark County Outdoor Recreation Plan, 2022-2027 as the Official Comprehensive Outdoor Recreation Plan for the City of Colby WHEREAS, Clark County, through the Clark County Forestry and Parks Committee and the Clark County Forestry and Parks Department, in cooperation with West Central Wisconsin Regional Planning Commission, has developed an updated comprehensive outdoor recreation plan for the County; and, WHEREAS, the City of Colby participated in the plan update; and, WHEREAS, the plan lists available outdoor recreation facilities and identifies foreseeable outdoor recreation needs for the City of Colby; and, WHEREAS, the plan identifies specific recommendations and priorities for improving the recreational facilities and opportunities within the City of Colby; and, WHEREAS, municipalities are required to have a community outdoor recreation plan on file with the Wisconsin Department of Natural Resources in order to be eligible for certain State and Federal cost-sharing financial aids for the development or improvement of outdoor recreation facilities; COLBY COMMON COUNCIL June 7, 2022 Page 10 NOW, THEREFORE, BE IT RESOLVED, that the Colby City Council hereby adopts the Clark County Outdoor Recreation Plan, 2022-2027 as the official comprehensive outdoor recreation plan for the City of Colby. Dated this 7th day of June, 2022. Committee meetings for June: Colby-Abbotsford Police Commission will meet on June 13, 2022 at 6:30 P.M. at the Police Department. Central Fire & EMS District will meet on June 16, 2022 at 7:00 P.M. at Station 2. Joint Review Board will meet on June 22, 2022 at 3:00 P.M. City Planning will meet at 6:00 P.M. before the July 5, 2022 council meeting. Adjourn: Motion was made by T Schmidt, seconded by Lindeman to adjourn at 7:25 P.M. Motion carried with a voice vote. Approved _____________________ James W Schmidt, Mayor Attest _________________________ Connie Gurtner, Clerk