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City Council Meeting Packets

Regular Meeting

Columbus, WI · October 16, 2018

Agenda

Agenda

COLUMBUS COMMON COUNCIL – REGULAR MEETING TUESDAY, OCTOBER 16, 2018 – 6:30 PM COLUMBUS CITY HALL AGENDA 1. Roll Call 2. Pledge of Allegiance 3. Notice of Open Meeting 4. Approve Agenda 5. Correspondence & Communications Consent Agenda 1. October 2, 2018 Minutes – Regular meeting 2. October 2, 2018 Minutes – COW meeting 3. New Business 1. Consider & take action on request of Red Bud Homes to reduce Letter of Credit for Woods subdivision 2. Consider & take action on renewal of agreement with State of Wisconsin for Bad Debt Collection 3. Consider & take action on Dodge County Humane Society Animal Contract for 2019 4. Consider & take action on Dodge County Joint Powers Agreement for 2019 5. Consider appointment of Pat Goebel as Interim City Clerk 6. Consider & take possible action on an employment agreement with the Interim City Clerk 7. Consider and take action on applications for Operator Licenses, term 07/01/18 – 06/30/20 8. Consider and take action on claims in the amount of $ 523,748.56 9. Report of City Officers – City Administrator, Mayor Adjourn COLUMBUS COMMON COUNCIL – REGULAR MEETING TUESDAY, OCTOBER 2, 2018 – 6:30 PM COLUMBUS CITY HALL MINUTES 1. Roll Call: Present: Mayor Thom, Clark, Hendrickson, Millar, Reid, Theilen, Traxler, City Administrator Vander Sanden, City Attorney Johnson, Acting City Clerk Goebel. Excused Hendrickson. 2. Pledge of Allegiance: Mayor Thom led the pledge of allegiance 3. Notice of Open Meeting: Noted 4. Approve Agenda: Motion by Traxler, second by Clark to approve agenda. Carried voice vote. 5. Correspondence & Communications: Roger Ehlers voiced concern over fast moving vehicles using Hamilton, John & Center Streets with no street signs to avoid Fuller Street. Requested a review of the area. Consent Agenda: Motion by Clark, second by Traxler to approve consent agenda. Carried voice vote. Following items were approved: August 6, 2018 Council Minutes – Regular Meeting – Amended; September 18, 2018 Council Meeting Minutes – Regular Meeting; September 18, 2018 Committee of the Whole Minutes. New Business 1. Consider and take action on Resolution 19-18: Declaring October 12, 2018 as Alice Schmidt Day in Columbus: Al Strohschein talked about Alice Schmidt's past, her love of Columbus, teaching, and the popcorn wagon. Motion by Traxler, second by Millar to approve. Carried voice vote. 2. Consider and approve Change Order from Hall Road construction project: Motion by Clark, second by Reid to approve change order in the amount of $1308.00. Roll call vote unanimous. 3. Resolution #16-18 Public Power Week: Motion by Traxler, second by Theilen to approve. Carried voice vote. 4. Resolution #18-18 Fire Prevention Week: Motion by Millar, second by Traxler to approve. Carried voice vote. 5. Consider & approve agreement with Associated Appraisal for assessment services: Motion by Traxler, second by Clark to approve agreement through 2022. Roll call vote unanimous. 6. Consider & take action to move the November 6th City Council meeting to an alternate date: Motion by Clark, second by Traxler to move the council meeting to Monday, November 5, 2018, due to General Election. Traxler requested council packets be available earlier than Friday. 7. Consider and take action on applications for Operator Licenses, term 07/01/18 – 06/30/20: Motion by Traxler, second by Clark to grant operator licenses to Amanda Niles, Michelle Hoffmann. Carried voice vote. 8. Consider and take action on claims in the amount of $453,972.60: Motion by Traxler, second by Clark to approve claims. Roll call vote unanimous. 9. Report of City Officers – City Administrator: 2018 Street Project at School & Water Streets nearing completion – asphalt is down, sidewalks done, landscaping finishing up; early voting at City Hall is now available 8:00-Noon & 1:30 – 4:30 and November 2 8:00-Noon & 1:30 – 5:00 pm. Additional registration drives available October 13 9-1 pm at Library and October 27 9-1 at City Hall; budget meetings are coming up in a few weeks. 10. Mayor: Fireman's Pancake Breakfast October 7, 2018 7:00 – 12:30 at Fire Station; Holiday Train is scheduled for Friday, December 7 at 9:30 pm; Open Mic Night at Library October 4 6:00-8:00 pm; Sun Prairie sent a Thank You to all departments who helped during gas explosion in July. There being no further business, in honor of Alice Schmidt, motion by Traxler, second by Clark to adjourn at 6:48 pm. Carried voice vote. Submitted by: Pat Goebel, Acting City Clerk COLUMBUS COMMON COUNCIL – COMMITTEE OF THE WHOLE TUESDAY, OCTOBER 2, 2018 – FOLLOWING REGULAR MEETING COLUMBUS CITY HALL MINUTES 1. Roll Call: Present: Mayor Thom, Clark, Millar, Reid, Theilen, Thom, Traxler; City Administrator Vander Sande, City Attorney Johnson, Acting City Clerk Goebel. Hendrickson excused. 2. Notice of Open Meeting: Noted. 3. Approve Agenda: Motion by Theilen, second by Reid to approve. Carried voice vote. 4. Citizens Comments on agenda items: None. 5. Department Reports: Noted as accepted: Lifestar Report – August 2018, Police Report August 2018. 6. Board/Committees/Commissions Reports: Noted as accepted: HLPC – 09/13/18, Library Board – 08/21/18, ZBA – 07/21/18, Plan Commission – 6/28/18, 08/16/18, CWL – 08/09/18 7. Update on E. James Street railing design project: Nate Roberts presented design ideas taken from last Council meeting. There will be three railings and each design will be featured on each railing. Forward to Regular Meeting October 16, 2018. 8. Update from the Police & Fire Commission on the Police Chief search process: Regan Rule gave an update on the process to date. PFC hopes to make recommendation in a few weeks. 9. Review and consider request from Red Bud Homes Services to reduce their Letter of Credit for The Woods subdivision: recommendation to reduce letter of credit to $10,836. Forward to Regular Meeting October 16, 2018. 10. Social Media/Website Policy: further discussion around live streaming, elected officials pages, etc. Return to Committee of the Whole October 16, 2018. 11. Consider renewal of agreement with State of Wisconsin for Bad Debt Collection (SDC): minor updates to the contract. Forward to Regular Meeting October 16, 2018. 12. Dodge County Humane Society Animal Contract – 2019: Choose Option 2, same last year. Forward to Regular Meeting October 16, 2018. 13. Dodge County Joint Powers Agreement – 2019: Forward to Regular Meeting October 16, 2018. 14. Consider and discuss use of slow-moving vehicles on city streets: Currently lawnmowers, ATV's, UTV's, golf carts are prohibited from City streets. Tabled. 15. Discuss issues related to the creation of a Municipal Court: discussion between creating ad hoc committee or commission. Consensus was ad hoc committee until 90 days after court begins May 1. Return to Committee of Whole October 16, 2018. 16. Convene to closed session per §19.85(1)(e) deliberating or negotiating the purchase of public properties, the investment of public funds, or conducting other public business, whenever competitive or bargaining reasons require specifically to discuss TID #4 Activity. Motion by Theilen, second by Clark to convene to close session per §19.85(1)(e) deliberating or negotiating the purchase of public properties, the investment of public funds, or conducting other public business, whenever competitive or bargaining reasons require specifically to discuss TID #4 Activity. Roll call vote unanimous. Motion by Thom, second by Theilen to reconvene to open session at 9:23 pm. 17. Convene to closed session per §19.85(1)(g) to confer with legal counsel for the governing 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. Motion by Theilen, second by Clark to convene to closed session per per §19.85(1)(g) to confer with legal counsel for the governing 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. Roll call vote unanimous. Motion by Thom, second by Theilen to reconvene to open session at 10:08 pm. 18. Convene to closed session pursuant to §19.85(1)(c) considering employment, promotion, compensation or performance evaluation data for any public employee over which the governmental body has jurisdiction or exercises responsibility (City Employee evaluation process & appointment of Interim City Clerk). Motion by Theilen, second by Millar to convene to closed session per §19.85(1)(c) considering employment, promotion, compensation or performance evaluation data for any public employee over which the governmental body has jurisdiction or exercises responsibility (City Employee evaluation process & appointment of Interim City Clerk). Roll call vote unanimous. Motion by Theilen, second by Clark to reconvene to open session at 10:58 pm. Motion by Theilen, second by Clark to adjourn at 10:58 pm. Submitted by: Pat Goebel, Acting City Clerk 2018 AGENDA ITEM Committee of the Whole Meeting date: __ October 2, 2018 ______ Council Meeting date: _____October 16, 2018 ______ ITEM: _ Request to reduce Letter of Credit for The Woods Subdivision DETAILED DESCRIPTION OF SUBJECT MATTER: Red Bud Home Services/Valido Homes has requested the City reduce the Letter of Credit for The Woods subdivision. The current letter of credit is set at $108,360 and is set to expire on November 5, 2018. With the work that has been completed in the Woods, a reduction in the letter of credit is appropriate. City Engineer Jason Lietha, Public Works Director Davis Clark and CWL Utility Manager Eric Anthon have reviewed the project and recommend a reduction to 10% of the current amount or $10,836 to be extended for 14 months. Jim Hartung the developer has been asked for a few items to be addressed before the LOC is to be reduced. It will be necessary for him to provide lien waivers on the work done to date on the project and to provide a cost breakdown of the utilities installed in the project. The Council could forward this request to the Regular Agenda on October 16th contingent upon satisfaction of these items. UPDATE: At this time, I have not received submittal of the outstanding items required to lower the Letter of Credit. I am content on allowing Jim Hartung the time to produce them before Tuesday’s meeting and per Atty Johnson’s recommendation the Council can determine how to address the issues in the event the requested information is provided before Tuesday or not. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Written request to reduce letter of credit for the Woods subdivision ACTION REQUESTED OF COUNCIL: Consideration of request September 27, 2018 City of Columbus Patrick Vander Sanden 105 N Dickason Blvd Columbus, WI 53925 Re: Release of Letter of Credit for The Woods of Highland Ridge Patrick, ACS RBHS, LLC would like to formally request that the city release a portion of the letter of credit remaining for our Woods of Highland Ridge subdivision. We have completed items that were conditions of the release of those funds to the extent that $10,386 should still remain on the LOC. Please feel free to contact me with any questions that you may have and we thank you and the City for your consideration on this matter. Sincerely, James A. Hartung ACS RBHS, LLC Member 353 Forest Grove Drive, Suite 105, Pewaukee, WI 53072 CITY OF COLUMBUS FOR MEETING OF: Regular Council Meeting - 10/6/18 REQUEST FROM/DEPARTMENT: City Finance Director/Treasurer AGENDA ITEM/REQUEST: Consider renewal/updated contract with State of Wisconsin for Bad Debt Collection. *************************************************** PREVIOUS ACTION TAKEN: In 2016 the City entered into a contract with the State of Wisconsin to collect bad debt on behalf of the City. This program has been successful in eliminating about 90% of the uncollectible debt the City had in 2016. The attached email from the State Department of Revenue indicates that they recently updated the agreement/contract and are asking each of the municipalities to sign and return the updated copy of the agreement. The new/updated contract has been reviewed by Atty. Johnson and minor changes were noted on page 4 in sections 9 & 10 which lays out the responsibility of the City if we should provide incorrect information in applying to the State for assistance in collecting a debt. Section 12, also on page 4, was also updated to include stronger language for those municipalities using a third party and related confidentiality. Recommendation: To approve the continuation of this program and approve the updated contract with the State of Wisconsin for bad debt collection. BUDGET AND FINANCING INFORMATION: There is zero cost to the City for being part of this program. All fees associated with the collection of these funds are passed back to the person/entity that owes the money to the City. 2018 AGENDA ITEM Committee of the Whole Meeting date: __ October 2, 2018 ______ Council Meeting date: ____October 16, 2018______ ITEM: _ Dodge County Stray Animal Contract__ DETAILED DESCRIPTION OF SUBJECT MATTER: For the past couple of years, the City has contracted with the Dodge County Humane Society for the care and management of stray animals found in the City. From all accounts, the arrangement has worked well. I have reviewed and compared the proposed 2019 agreement with the effective 2018 agreement. The language is the same with the exception of the fees related to the drop off of animals that have been involved in a potential rabies quarantine. The costs for those situations have gone up $100 (from $300 to $400 if the animal is considered not vicious) and up $100 (from $400 to $500 if the animal is considered vicious). I asked Acting Police Chief Dennis Weiner about how or if this impacts the City and he told me that in his time with the city, he isn’t aware of any situation where we have had to deal with a rabid animal. As it has in the past, the agreement allows us to choose the level of service with the Society. Last year, we selected option #2, which includes the drop off of up to 10 domestic stray animals for a lump sum of $1900. Any animal in excess of the 10 would be $225. Dennis is reviewing this issue further and will provide us with information as to how the arrangement with Dodge County Humane Society has worked in 2018. UPDATE: At the October 10th COW, members of the Council asked if a review could be done to see how many animals were dropped off as strays in the past 10 years. At the last meeting, I shared that the total numbers going back to 2015: 2018: 3 (year to date) 2017: 5 2016: 6 2015: 4 2014: Columbia County (numbers not provided) 2013: 6 Columbia County Despite the efforts by the Police Dept, these are the only numbers that were recovered in terms of animals turned in. Columbia County was unable to provide numbers other than from 2013. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Proposed agreement with Dodge County Humane Society for stray animals for 2019 ACTION REQUESTED OF COUNCIL: Consider and discuss agreement 2019 STRAY ANIMAL CONTRACT WHEREAS, the City of Columbus desires to enter into a contract (“the Annual Contract”) with The Dodge County Humane Society, Inc. for the care of stray and domesticated animals; and WHEREAS, the Dodge County Humane Society is willing to agree to contract with the City of Columbus to provide such services for the term and subject to the terms and conditions described below; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Columbus (hereafter referenced as “the municipality”) hereby enters into the following agreement with The Dodge County Humane Society, Inc. (hereafter referenced as “the humane society”), a Wisconsin not‐for‐profit Corporation, organized under Chapter 181 of the Wisconsin Statutes, without stock, located at N6839 State Road 26, Juneau, WI 53039, for the care of stray and domesticated animals (referenced as “the services”). In consideration for the humane society’s agreement to provide the services during the term of this agreement, the municipality shall pay to the Dodge County Humane Society one of the following: Please choose one of the following contract options: A lump sum of $1,100. Covers up to 5 domestic stray animals. Animals in excess of 5 will be charged $250/animal over 5. A lump sum of $1,900. Covers up to 10 domestic stray animals. Animals in excess of 10 will be charged $225/animal over 10. A lump sum of $2,900. Covers up to 20 domestic stray animals. Animals in excess of 20 will be charged $200/animal over 20. A lump sum of $4,400. Covers up to 40 domestic stray animals. Animals in excess of 40 will be charged $175/animal over 40. N6839 State Road 26 • Juneau, WI 53039 Tel: (920) 386‐0000 • Fax: (920) 386‐9770 • www.dchs‐wi.org a 501(c) (3) not for profit organization Please choose one of the following animal options: The municipality contracts for all domestic animals. The municipality contracts for domestic dogs only. Please choose one of the following approval options: Humane society must have approval before accepting any animal. Humane society must have approval for each animal after the contract term has been reached. No pre‐approval is needed before accepting animals. (Municipality must provide contact list to humane society by January 1, 2019.) 1. Other Fees and Charges. In addition to the municipality’s agreement to pay the sum(s) specified above, the municipality also agrees to pay all other fees and charges that it may incur under the terms of this agreement, including but not limited to pick‐up and/or drop‐off fees, after‐hours drop‐off fees, and all charges and fees associated with quarantines as provided in this agreement. All such fees and charges shall be billed to the municipality monthly and will be due and payable to the humane society no later than 15 days after the date of the invoice. 2. Drop‐Off and Pick‐Up of Animals: Days/Hours, Fees, and Manner of Delivery. a. Normal Hours. On days that are not legal holidays, the humane society agrees to accept stray and domesticated animals during the following hours, which are subject to change upon notice by the humane society: Monday/Wednesday/Friday 8:00am – 1:00pm Tuesday/Thursday 8:00am – 7:00pm Saturday 8:00am – 4:00pm b. Delivery of Animals. The animals must be either (1) brought to the humane society by an agent of the municipality at the humane society’s address as listed above; or (2) picked up by humane society staff when staff members are available to respond to requests for pick up, subject to the terms set forth in paragraph 2.c. and 2.d., below. c. Pick‐Up Fee Normal Hours. The humane society may, at its sole discretion and if it has staff available, agree to pick up an animal, during the normal hours listed in paragraph 2.a., above, for a fee of $50. Staff members may not be available to respond to requests for pick up during all of the hours during which the humane society accepts animals by drop off. d. After‐Hours Pick‐Up Fee. The humane society may, at its sole discretion and if it has staff available, agree to accept an animal or to pick up an animal outside of the normal hours listed in paragraph 2.a., above. Any pick‐up of an animal outside of the normal hours listed in paragraph 2.a., above, shall constitute an after‐hours pick‐up and shall be subject to an “after‐hours” pick‐up fee of $100. The after‐hours pick‐up fee shall apply if the pick‐up occurs outside of normal hours regardless of whether municipality’s request for an after‐hours pick‐up was made during normal hours. e. Hours for Public Redemption of Strays. The humane society shelter building will be open to the public for stray animal redemption during the following hours, subject to change upon notice: Tuesday 12:00 – 7:00pm Thursday 12:00 – 7:00pm Saturday 12:00 – 4:00pm f. Drop‐Offs by Police Officers. At its sole discretion, the humane society may allow the municipality’s police officers to drop off animals from contracted areas outside normal pick‐up and drop‐off hours by special arrangement with the humane society, the terms are subject to change on notice at the sole discretion of the humane society. g. Canceled Pick‐Ups. If an animal is reclaimed by its owner and a request for pick‐up is canceled prior to the arrival of humane society staff, there will be no pick‐up fee. If a humane society staff member arrives at the designated location to pick up the animal, the appropriate pick‐up fee will apply even if the animal has been reclaimed by its owner prior to the staff member’s arrival. 3. Drop‐Off and Pick‐Up of Animals: Containment. Any stray domestic animal must be contained in some manner so as to be easily approached and apprehended. The humane society may, at its sole discretion, attempt to capture a stray animal that is running at large. 4. Care of Relinquished Animals. Upon acceptance of an animal, the humane society will have sole responsibility for the animal(s) and the sole right to determine the means of its care, relieving the municipality of any further care for the animal(s), subject to the municipality’s responsibility to pay all applicable fees owed under this contract. The humane society will furnish and maintain facilities and equipment adequate for the humane care and treatment of the animals in compliance with Wisconsin laws and regulations concerning the humane treatment of animals. The humane society will use reasonable care to employ competent persons to perform the necessary functions of its shelter. 5. Stray Holding Period. The parties understand that Wisconsin law requires that stray dogs must be held for five (5) days prior to disposition (adoption or euthanasia) and that notice of a stray animal must be provided in the county in which the animal is apprehended. Stray cats will be held for a minimum of five (5) days prior to disposition. The holding period may be waived if a licensed veterinarian determines that an animal is so ill or injured that housing it the five days will only prolong its death. 6. Stray Redemption by Owner. If an animal is redeemed by an owner in accordance with the procedures prescribed by Wisconsin Statutes, the owner will be required to pay any and all expenses incurred and/or fees charged by the humane society, including, but not limited to, veterinary costs and daily boarding fees. If an animal is not rabies vaccinated or licensed, an owner must sign a contract agreeing to have the pet rabies vaccinated and licensed by the deadline stated in the contract. If the municipality requests, and provides the humane society with a fax number, the humane society will fax a copy of the contract to the municipality for follow‐up. 7. Records. The humane society will submit a record showing the date each animal entered the shelter, where it was originally found, and how and when the animal was disposed of. 8. Bite/Rabies Quarantine; Seizures. a. Known Owner. If an animal that is subject to a bite or rabies quarantine has a known owner, the animal will be held only if space is available at the shelter. The owner will be primarily responsible for daily boarding fees, travel time, charges incurred for veterinary checks on the animal(s), and all other fees and costs for the animal’s care, as described in Paragraph 2 of Exhibit A to this agreement; however, if the animal has a known owner and an officer of the municipality requires the animal to be quarantined at the humane society and the owner is unable to pay the daily boarding fees, travel time, charges incurred for veterinary checks, and all other fees and costs associated with the animal’s care, the municipality will be responsible for payment of all such fees and charges directly to the humane society. b. Owner Unknown/Unavailable. Animals that must be held for rabies or bite quarantine will be held by the humane society if the owner is unknown or unavailable, and if space is available. In the event the owner is unable to be found or identified, the humane society will request reimbursement from Dodge County for quarantine, travel time, and veterinary expenses pursuant to Wisconsin Statutes Section 95.21(8). Any amount not reimbursed by Dodge County will become the responsibility of the municipality. c. Policies, Fees and Charges. The humane society’s current rabies/bite policies and the amounts of fees and charges for quarantine are attached hereto as Exhibit A; however, all policies are subject to change on notice at the humane society’s sole discretion. d. Seizures. Animals that are seized by a law enforcement officer can be housed at the humane society if space is available. If the animal has a known owner and an officer of the municipality requires the animal to be quarantined at the humane society, the municipality will be responsible for payment directly to the humane society for the daily boarding fees, travel time, charges incurred for veterinary checks, and all other fees and costs for the animal’s care. 9. General Provisions. a. Inspection. Any official of any contracted municipality shall have access to the humane society shelter building for the purposes of inspecting the conditions of the shelter. Any such visits shall be conducted during normal staffed hours as listed in paragraph 2a. b. Indemnification. Each party agrees to indemnify and save harmless the other from all suits, claims and demands and actions arising out of its own alleged actions or inactions and agrees that it is solely responsible for its own operations, employees and agents. c. Effect of Waiver. If the humane society waives any term of this contract at any time, it will not constitute a waiver of the same term for other instances in which it might apply, nor will it constitute a waiver of any of the other provisions of this contract. d. Effect of Invalidity of Provision. If any provision in this contract shall be declared invalid, the remaining provisions shall continue in full force and effect. e. Entire Agreement. This document contains the entire agreement between the parties and the municipality warrants and represents that there are no statements or representations by any humane society representatives which are contrary to or which would vary or add to the terms of this agreement. f. Limited to Stray and domesticated animals. The term “stray and domesticated animals for purposes of this agreement includes dogs, cats, rabbits, hamsters, and domesticated gerbils, mice, rats, certain snakes, and birds. It does not include any other animals, including but not limited to livestock, wild or exotic animals or birds of prey. 10. Additional Services. The humane society may, upon request by the municipality, and at the humane society’s sole discretion, agree to perform additional or ancillary services or services in extraordinary circumstances beyond those contemplated as within the normal scope of this agreement. The municipality will pay to the humane society a reasonable or hourly reasonable and customary fee in an amount determined by the humane society as appropriate for additional services under the circumstances of each such request. 11. Term; Binding Effect. The term of this agreement shall be for a period of twelve months, commencing January 1, 2019 and expiring December 31, 2019. Therefore, services provided by the humane society to the municipality will be governed by the terms of this agreement commencing January 1, 2019 and continuing through December 31, 2019. However, this agreement shall be binding upon the parties hereto as soon as it is legally executed by resolution and approved by the municipality and when executed by the humane society. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates indicated below: City of Columbus By:__________________________ Title:______________________ Date: __________ By:__________________________ Title:______________________ Date: __________ The Dodge County Humane Society, Inc. By: Kensington Drinkwine Title: Executive Director Date: 9/10/18 Exhibit A – Rabies/Bite Quarantine Polices, Fees and Charges* 1. Owned animal up to date on rabies vaccination, not vicious: Not required to be quarantined at a facility; owner can quarantine at home with the following provisions: a. THREE veterinary checks are required: one within 24 hours of bite; a second check thereafter but before 10 days elapse from the date of the bite; and a third on 10th day after the bite. The owner is responsible for veterinary charges for all visits. b. The animal must be kept separate from other animals and have minimal human contact. This means no playing in a yard that is not securely fenced, no walking a dog outside the yard, and no playing with other dogs or cats. c. If there are multiple animals in the home, the animal must be kept in a separate room or crated. 2. Owned animal not up to date on rabies vaccination, not vicious: Must be quarantined off site (not at the home). If the animal will be quarantined at the humane society. Fee is $400.00. Owner is responsible for the applicable fees at time of drop off. 3. Owned animal considered vicious (whether up to date on rabies or not): Bite euthanasia is an option. Animal will be immediately euthanized and the head sent in to the state for evaluation. Fee is $500.00. Owner is responsible for the applicable fees at time of drop off. 4. Unknown owner: After applicable stray hold period is up, animal will be euthanized. Charges as listed in paragraphs 2a‐2d will apply; however, prior to billing the municipality for the charges, the humane society will attempt to bill the county, per state law. If the animal is injured or considered vicious, a veterinarian will be consulted as to whether the five day stray hold can be waived. *If state statute or state or local health department directive requires a course of action inconsistent with these policies, they shall be deemed modified to the extent of such statutory or health department directive only, and all remaining portions of these polices, fees and charges shall remain in full force and effect. 2018 AGENDA ITEM Committee of the Whole Meeting date: __ None. ______ Council Meeting date: _____October 16, 2018 ______ ITEM: _ Interim City Clerk DETAILED DESCRIPTION OF SUBJECT MATTER: The timing of the former City Clerk’s resignation has created some challenges with regard to finding her replacement. While the City would like to fill the position as soon as possible, concerns have been raised with the focus necessary in the Clerk’s office to carry out the duties of the clerk, prepare for and manage the upcoming Fall Election and conduct a search at the same time. With the experience that the City has with Pat Goebel, who has filled the role of Deputy Clerk/Treasurer for many years, it was thought that Pat could step into an Interim Clerk role at least through the election and allow for the City to take the next steps to find a permanent replacement. It was recommended City should not just apply an Interim Clerk title without an appointment and confirmation of the City Council. With Pat having agreed to take on this role, her appointment is before you on Tuesday for consideration. Also, out of protection for Pat and the City, we would ask for the Council to approve the attached agreement with that spells out the arrangement, including provisions that confirm she can return to her prior role as Deputy Clerk/Treasurer with all the status she currently has. The agreement confirms that and also clearly spells out scenarios along the way. Pat has been a valuable employee for the City and I’m confident she will do a great job in steering the ship during this period. The employment agreement sets an ending time for the end of February, but it does not preclude the City from taking steps to seek a permanent City Clerk before then. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Employment Agreement for Interim City Clerk ACTION REQUESTED OF COUNCIL: Appointment of Interim City Clerk/Consideration of Employment Agreement CITY OF COLUMBUS INTERIM CITY CLERK AGREEMENT This Agreement is made between the City of Columbus (hereinafter “City”) and Patricia J. Goebel (hereinafter “Employee”), who each agree to the following: I. Term. This Agreement is effective between the City and the Employee for a specific term beginning October 16, 2018 and continuing until February 28, 2019 (the “Term”). This Agreement shall terminate at the expiration of the Term and may be renewed by majority vote of the Common Council. II. Employment. During the Term, Employee will perform all responsibilities of the City Clerk, as described in the job description attached hereto as Exhibit A. The job description may be amended from time to time in the sole discretion of the City. As Employee previously served the City as the Deputy Clerk-Treasurer prior to this Agreement, at the conclusion of the Term of this Agreement , Employee has the right to return to that same position,with the same job classification status, pay and benefit levels and status, unless a termination action is enacted as described in Section III. . Upon mutual agreement, the parties may amend or terminate this Agreement and Employee may return to the prior position of Deputy Clerk Treasurer prior to the end of the Term. While performing duties as Interim City Clerk, employee is subject to policies and procedures contained in the City’s Personnel Policies and Procedures Handbook. III. Termination of Employment. During the Term of this Agreement, the parties agree Employee’s employment as City Clerk may be terminated as follows: A. Employee may terminate her employment as City Clerk for any reason two weeks after delivering written notice to the City Administrator and Mayor of Employees desire to no longer be City Clerk. B. The City Council, by majority vote of a quorum at a duly-noticed meeting, may terminate the Employee’s employment as City Clerk for cause, in the Council’s sole discretion and without any charges filed or hearing before the Council. By operation of this Agreement and such action by the Council to terminate Employee’s employment as City Clerk, Employee shall still have the option to return to her position as deputy clerk-treasurer, subject to termination proceedings as provided in the City’s Personnel Policies and Procedures Handbook. C. In the event of a termination pursuant to Section III(B), the parties agree (i) such termination shall be effective immediately on the date identified on the Motion voted on by the Council; (ii) Employee shall return all property and records of the City and office of the Clerk to the Administrator within 48 hours of Employee’s termination as City Clerk; (iii) the City shall have no obligations or liabilities to pay Employee’s unearned salary or to pay or continue to provide any benefits to Employee in her capacity as City Clerk Employee hereby waives any other rights and claims to damages, compensation or benefits that she might otherwise be eligible to receive in her position as City Clerk. Page 1 of 2 D. To the extent the provisions of Chapter 17 Wis. Stat. Ch. 17, and particularly Wis. Stat. 17.12 and 17.16, might apply to Employee in lieu of the terms of this Agreement, Employee hereby knowingly waives such rights and provisions, including her right to a hearing before and decision by the City Council, in consideration of the other terms and conditions contained within this Agreement. Employee understands that application of Section III of this Agreement may result in the end of her employment as City Clerk and her resignation from her appointment as Clerk without a hearing before the City Council. IV. Miscellaneous. This Agreement and any rights or obligations hereunder shall be non-assignable and non-transferable by Employee. This Agreement may be assigned or transferred by the City. No modification, amendment or waiver of any provision of this Agreement shall be effective unless approved in writing by both parties. The failure of either party at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of any such provisions. The language used in this Agreement shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction shall apply against either party. The parties hereby irrevocably acknowledge that each of them has read and fully understands the terms and conditions of this Agreement and have freely and voluntarily entered into the same. Prior to signing this Agreement, Employee had the opportunity to consult with an attorney of Employee’s choice. All questions concerning the construction, validity and interpretation of this Agreement shall be governed by the laws of the State of Wisconsin. Any and all legal proceedings concerning this Agreement shall be commenced and decided by the Columbia County Circuit Court in Wisconsin, without a jury. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remaining provisions of this Agreement. This Agreement sets forth the entire understanding among the parties hereto and all prior agreements, understandings and representations, whether verbal or written, respecting the subject matter hereof, are, without exception, superseded by this Agreement. The parties agree that signatures on a copy of this Agreement or signatures on copies of any other documents provided pursuant to this Agreement transmitted by facsimile machine or electronically shall be binding upon the parties and of the same legal effect as original signatures. CITY OF COLUMBUS EMPLOYEE __________________________________ Michael Thom, Mayor Patricia J. Goebel Date: Date: Page | 2

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