City Council Meeting Packets

COLUMBUS COMMON COUNCIL REGULAR MEETING AGENDA TUESDAY, MAY 2, 2023 – 6:30 PM COLUMBUS CITY HALL 1. Roll Call 2. Pledge of Allegiance 3. Notice of Open Meeting 4. Approve Agenda 5. Correspondence & Communications Consent Agenda 1. Council & Committee of the Whole Minutes – 4/18/23 2. Approve Operator Licenses 3. Picnic License Application – 4th of July Committee – 6/29/23 – 7/4/23 4. Street Closing Request – 4th of July Committee – 4th of July Parade 5. Mayoral Appointments to City of Columbus Boards, Committees, Commissions New Business 1. City Council President Election 2. Consider & take possible action to approve rental agreement with the Columbus 4th of July Organization, Inc and to authorize Amy Jo Meyers to execute the agreement on behalf of the City 3. Consider & take action for CBO & CSA sponsor banners 4. Consider & take action on CHLPC Summer Concert Series 5. Consider & take action on Municipal Services Director position 6. Consider & take action on City Loan Manual 7. Resolution #4-23 authorizing signatures to sell Countryside Parcels 8. Consider & take action on claims in the amount of $ 421,784.73 9. Report of City Officers – City Administrator, Mayor 10. Adjourn  COLUMBUS COMMON COUNCIL REGULAR MEETING MINUTES TUESDAY, APRIL 18, 2023 1. Roll Call: Mayor Hammer called the meeting to order at 6:30 pm. Present: Mayor Hammer, Council President Gray, Alders: Finkler, Motiff, Reid, Roelke, Steiner; Staff: Ellefson, Goebel, Atty Johnson, CE Lietha, Weiner, Hazeltine, Meyers, interested citizens. 2. Pledge of Allegiance: Mayor Hammer led the Pledge of Allegiance. 3. Notice of Open Meeting: Noted as posted. 4. Approve Agenda: Motion by Gray, second by Motiff to approve the agenda with one change: delete item #2 and move it under Correspondence & Communications. Carried voice vote. 5. Correspondence & Communications: Ed Schellin, 1435 Waterloo Street spoke about Municipal Court John Salzwedel, 841 Park Avenue, spoke about the auditorium Mark Rhode, 743 W School Street spoke of concerns residents don’t feel represented Ruth Hermanson, 986 Warner Street spoke of past and future stewards of the City Consent Agenda: Placed on file: Council & Committee of the Whole Minutes – 4/3/23, Approve Operator Licenses for 2022-2024 Licensing Period: Daniel Wittmann, Approve Street Closing Request - Redbud Day New Business 1. Elect Council President: Mayor Hammer announced nominations were open for Council President and voting would be by secret ballot. Alder Finkler nominated Alder Roelke; Alder Steiner nominated Alder Gray. Roelke received 3 votes, Gray received 3 votes. Round 2 of Voting: Roelke received 3 votes, Gray received 3 votes. Round 3 of Voting: Roelke received 3 votes, Gray received 3 votes. Alder Finkler suggested each candidate to state their case for President. Roelke stated new leadership was needed and to vote with community & constituents. Gray stated with new Mayor, continuity was important; clear leadership. Round 4 of Voting: Roelke received 3 votes, Gray received 3 votes. Gray removed his name from contention and nominations were re-opened: Roelke, Motiff, Steiner all received nominations. Round 5 of Voting: Roelke received 3 votes Motiff received 3 votes, Steiner received 0 votes. Round 6 of Voting: Roelke received 3 votes, Motiff received 3 votes, Steiner received 0 votes. Round 7 of Voting Motiff received 3 votes, Roelke received 3 votes, Steiner received 0 votes. Round 8 of Voting: Motiff received 3 votes, Roelke received 3 votes, Steiner received 0 votes. Motiff suggested Gray handle the COW meeting tonight and take up voting on May 2. Finkler suggested Mayor facilitate the meeting and take up voting May 2. Consensus to have Mayor facilitate the COW. 2. City of Columbus Municipal Court Wrap Up: moved to Correspondence & Communications. 3. Consider & take action on Task Order #2023-02 2023 Street Maintenance: Motion by Gray, second by Roelke to approved Task Order #2023-02 for Street Maintenance in the amount of $14,925. Roll call vote unanimous. 4. Consider & take action on CUP for Meister Park lift station: Motion by Motiff, second by Reid to approve the CUP for Meister Park lift station. Carried voice vote. 5. Consider & take action to Authorize Payment of Street Sweeper Repairs: Motion by Steiner, second by Motiff to approve payment in the amount of $18,648.85 to repair street sweeper. Roll vote unanimous. 6. Consider & take action on Lease Cancelations – Tower Drive Property: Motion by Motiff, second by Steiner to cancel the lease on the Tower Dr Property. Carried voice vote with Gray voting No. 7. Consider & take action on claims in the amount of $ 799,957.26: Motion by Roelke, second by Reid to approve claims. Roll call vote unanimous. 8. Report of City Officers – City Administrator: City is hiring for seasonal work, information on the City website; new Deputy Clerk Michelle Christiansen starts tomorrow; Folsom St reconstruction is moving along well; Thank you to all involved in the elections this year; way-finding signs are being installed – thanks to the Tourism Commission, DPW crew and David Bennett. Mayor: Thank you to Mary Arnold and Shelly Albright for their service to the City; Recreation had a successful Easter Egg hunt; Thank you to DPW for plowing snow; best wishes to Library Director Lindsey Ganz at her new job; Fire Dept pancake breakfast is April 23 7:00-11:30 am  at the station; the Dingee property was purchased with ARPA funds; military children's day is April 19; Water & Light won best tasting water in the state; work as a community and reach out and help your neighbor. 9. Adjourn: Motion by Motiff, second by Finkler to adjourn at 7:40 pm. Carried voice vote. Submitted by Pat Goebel, City Clerk  COLUMBUS COMMON COUNCIL COMMITTEE OF THE WHOLE MINUTES TUESDAY, APRIL 18, 2023 1. Roll Call: Mayor Hammer called the meeting to order at 7:45 pm. Present: Mayor Hammer, Council President Gray, Alders: Finkler, Motiff, Reid, Roelke, Steiner; Staff: Ellefson, Goebel, Atty Johnson, CE Lietha, Weiner, Hazeltine, Meyers, interested citizens. 2. Notice of Open Meeting: Noted as posted. 3. Approve Agenda: Motion by Motiff, second by Finkler to approve the agenda. Carried voice vote. 4. Citizen Comments: Police Chief Weiner reminded the Council of the drug take-back program April 22 at Prairie Ridge Hospital from 9:00-11:00; there is also a secure drop box at the Police Dept for drug drop off. Chief Weiner also mentioned he and two Lt's attended the funeral for officers killed in the line of duty in Camden. Fire Chief Hazeltine reminded all of the pancake breakfast this Sunday; asked the council to consider a full-time fire chief; asked for a heads-up when city property is sold. 5. Department Reports: Placed on file: DPW, Fire, Library, Police, Treasurer, WWTP 6. Discuss MOU for CBO & CSA sponsor banners: Recreation Director Meyers asked for permission to hang banners as a fund-raiser for lights at Meister Park. Requested City Attorney draft an MOU for the CBO and CSA to be responsible for hanging and removing banners before and after the season. Forward to May 2 Regular meeting. 7. Discuss Task Order for Cardinal Drive Cul De Sac: Owner of property on Cardinal Dr requested City's help to determine the right-of-way around the cul de sac. Table for further information. 8. Discuss CHLPC Summer Concert Series: CHLPC requests permission to host Summer Concert Series in Fireman's Park on Wednesday June 14, July 12, August 9. Forward to May 2 Regular meeting. 9. Discuss 4th of July Street Closing Request – July 4th Parade: Forward to May 2 Regular meeting. 10. Discuss 4th of July Agreement: Several changes to the rental agreement: remove responsibility from the 4th of July Committee between midnight-6:00am; reimburse half the expenses if the City cancels the entire event; deposit paid when contract turned in and rent paid 60 days prior to even to be consistent with other rentals. Consensus to remove responsibility between midnight-6:00 am if the Committee locks all buildings, pays deposit and rent according to other contracts; Forward to May 2 Regular meeting. 11. Discuss Field Services Director position: Consensus to name the position Municipal Services Director. Forward to May 2 Regular meeting. 12. Discuss CHLPC Ordinance: Table to May 2 COW or special meeting. 13. 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 a closed session, specifically to discuss potential developments in the City of Columbus (Closed Session – Potential Developments 156/146 Dickason Blvd) : Motion by Motiff, second by Roelke to convene to closed session at 9:16 pm. Roll call vote unanimous. Motion by Gray, second by Motiff to reconvene to open session at 10:09 pm. Carried voice vote. 14. Adjourn: Motion by Gray, second by Motiff to adjourn at 10:09 pm. Carried voice vote. Submitted by: Pat Goebel, City Clerk  2023 AGENDA ITEM Council Meeting date: May 2, 2023 ITEM: Operator Licenses SUBMITTED BY: Pat Goebel, Clerk DETAILED DESCRIPTION OF SUBJECT MATTER: Request approval for the following operator licenses: Julienne Pospichal Kenneth Allen Bonnie Arndt Alise Hayes Grace Kahl Cassandra Alsum Annaliese Sterwald Holly Johnson EmmaJo Peck Mikenna Boettcher Brooklynn Benzine LIST ALL SUPPORTING DOCUMENTATION ATTACHED: ACTION REQUESTED OF COUNCIL: Request approval of operator licenses  2023 AGENDA ITEM Committee of the Whole Meeting date: __________________________ May 2, 2023 Council Meeting date: ______________________________ ITEM: Mayoral Appointments for 2023 Boards, Committees, Commissions ___________________________________________ __________ SUBMITTED BY: Mayor Hammer ________________________________ DETAILED DESCRIPTION OF SUBJECT MATTER: The Council appointments to boards, committees, commissions expire each year on May 10 and the Mayor must appoint or re-appoint council members to each board. The Resident appointments also expire May 10 each year and the Mayor must appoint or re-appoint residents to each board with an expiring term. The attached list includes those requesting an appointment to the various boards, committees, commissions. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: List of appointments for various boards, committees, commissions ACTION REQUESTED OF COUNCIL: Approve Mayor Hammer's appointments to various boards, committees, commissions for 2023.  2023 Appointments to Boards, Committees, Commissions Council Appointments: Beautification Advisory: Ian Gray CAAC: Amy Roelke and Mayor Hammer Cable Commission: Amy Roelke , Mayor Hammer CDA: Sarah Motiff and Adam Steiner CHLPC: Ian Gray Hillside Cemetery: Ian Gray Library Board: Trina Reid Ord Review Ad Hoc: Mayor Hammer, Molly Finkler, Trina Reid and Sarah Motiff Recreation: Adam Steiner Plan Commission: Molly Finkler PFC: Trina Reid Senior Citizens: Mayor Hammer Tourism Commission: Mayor Hammer, Amy Roelke Utility Commission: Mayor Hammer Resident Appointments: Board of Review: John Ganga CAAC: Daja Rasmussen, Karla Hoffmann Cable Commission: Lisa Famularo CDA: Lori Hackman CHLPC: Janice Ulrich, Beth Altschwager Joint Reivew Board: Michael Thom Library Board: Jim Schieble, Nora Vieau Plan Commission: Nathan Anfinson PFC: Regan Rule Recreation: Michelle Hoppe, Ellen Agnew Tourism Commission: Julie Belschner (fill vacant position) Zoning Board of Appeals: John Trava  FIREMAN'S PARK RENTAL AGREEMENT This Rental Agreement is by and between the City of Columbus (hereinafter "City") and Columbus 4th of July Organization, Inc (hereinafter "Renter"). WHEREAS, the City owns and maintains Fireman's Park located at 1049 Park Avenue in the City of Columbus (hereinafter "the Park") for general community use, rental by local organizations, and seasonal events; and WHEREAS, the Renter desires to rent, occupy, and make use of certain venue(s) within Fireman's Park in the City of Columbus located at 1049 Park Avenue which includes the following: The Fireman's Park Pavilion Open Shelters, specifically ________________ The Scout Cabin Green Space The Rest Haven Fireman's Park Concession stand area WHEREAS, the City agrees to such rental, occupation, and use in consideration of certain payments and covenants herein enumerated; WHEREAS, City and Renter do hereby agree as follows: 1. Reservations are on a first come first served basis and are not considered complete until this Agreement is signed, and the deposit is paid in full. The $1,500.00 security deposit must be paid in full at the time the agreement is signed to reserve the date. If the renter cancels the event less than 60 days prior to the event the security deposit will be forfeited, and any rent payment received will be returned. If the renter cancels the rental less than 30 days prior to the event, the rental fee/sales tax, and security deposit will be forfeited. This deposit is to ensure compliance with the terms of this Agreement. If Renter does not comply with the terms of this Agreement to the City's satisfaction, the City, in its sole discretion, shall be allowed to withhold all or part of the deposit to defray the costs of repairing damage and otherwise returning the venue to its condition prior to the event being held. If Renter complies with the terms of this Agreement, the total deposit shall be returned. City shall provide Renter in writing with an itemized list of damages within 10 days of the conclusion of the event for which it will be withholding some or all of the deposit. 1 2. Renter shall also pay to City the sum of $1,500.00 as rent for the use of the venue during the period specified in paragraph 3 below. The rent paid by Renter shall be non-refundable unless the City completely cancels Renter's use of the venue pursuant to section 14 below. 3. Renter shall have exclusive use of the venue beginning ________________, 2023, and concluding __________________, 2023. During this period, Renter shall be allowed within the venue between the hours of 6:00 a.m. and Midnight. On the dates of the actual events, Renter shall ensure that all musical acts stop performing at 11:30 p.m. and all events are concluded by midnight. 4. This Agreement shall apply to all venues as indicated in the 2nd WHEREAS clause above. Renter is not responsible for damage caused to other venues or public facilities during the term of this Agreement. 5. Renter and the City shall inspect the venues being rented before the date Renter takes possession of the venue pursuant to Section 2 above for the purpose of documenting the condition of the venue to Renter taking possession of the venue. Up to the date Renter takes possession of the venue, the City shall perform and maintain basic maintenance of the venue. 6. Renter shall notify the City Director of Public Works at least 2 weeks in advance of the event as to what equipment Renter will request be provided by City, such as barricades, trash receptacles and other needed equipment for its event. The City shall provide Renter with the requested materials. City shall mark its equipment and shall provide Renter with a list of equipment and materials provided to Renter. 7. Renter shall be responsible for pick up, set up, take down and return of all equipment and materials requested from the City. 8. Renter shall not make any alterations to the venue or other facilities or grounds in the Park without the written consent of the City Director of Public Works. 9. Renter shall be allowed to spray the venue for insects. Renter shall follow all local, state and federal laws and regulations concerning the proper application of pesticide spraying. 10. Renter shall provide all dumpsters for the event, shall be responsible for the removal of all trash and debris, and shall remove all dumpsters from the park within 2 business days of the end of the event. 11. Renter agrees to be responsible for any damage to any venue within the park that can be locked. Renter further agrees to be responsible for any damage to the venue while Renter is in possession of the venue, which does not include the time from midnight to 6:00 a.m. Upon conclusion of the event, Renter shall return the venue and all facilities to the City in broom clean condition. 2 12. Prior to taking possession of the venue within Fireman's Park, Renter shall obtain and maintain a third-party liability insurance policy with a minimum coverage of $1 million per injury, naming the City as an additional insured and shall provide the City with a certificate of insurance confirming the insurance is in place. 13. Renter shall indemnify and hold City harmless against any and all causes of action for personal injury to any person which may arise from Renter's negligent or intentional act while Renter is in possession of the venue. If City is required to bring legal action against Renter to enforce or obtain a remedy pursuant to this Agreement, City shall be entitled to recover its costs and reasonable attorney fees for prosecuting such action. 14. City reserves the right after consultation with the Columbus July Fourth Committee to cancel and/or alter the event, if necessary, to impose and enforce orders, rules and regulations relating to conduct of persons and the use of property necessary to protect the public peace, health and safety, to preserve lives and property and to ensure cooperation with other emergency government activities. 15. At the beginning of this Agreement, City shall provide Renter with 3 sets of keys to all venues it will be using. All keys to the venues shall be returned to the City upon the end of the event. Renter shall not create or allow to be created, any duplicate keys to any of the venues. 16. Any disputes arising under this Agreement shall be adjudicated in the Columbia County, Wisconsin Circuit Court. In witness of their understanding of, and agreement to the terms and conditions herein contained, the parties affix their signatures below. Renter’s Signature: Owner’s Signature: ______________________________ ______________________________ Date: _________________________ Date: _________________________ Name: Name: Columbus 4th of July Organization, Inc by City of Columbus Troy Weidemann, President c/o Amy Jo Meyers, Recreation Director Address: Address: PO Box 283 161 N. Dickason Blvd. Columbus WI 53925 Columbus, WI 53925 Phone Number: 920-344-0101 Phone Number: 920-623-5936 3  CITY OF COLUMBUS FOR MEETING OF: May 2, 2023 REQUEST FROM/DEPARTMENT: Recreation Department / CSA & CBO AGENDA ITEM/REQUEST: MOU for the CSA & CBO ************************************************** The CSA (Columbus Softball Association) has requested the opportunity to hang Sponsorship banners on the Fencing (D1) at Meister Park. The banners are from businesses who will “sponsor” the CSA for their fundraising efforts to place lights at Meister Park. I suggested to CSA that perhaps a MOU (Memorandum of Understanding) would be wise in this instance. Having an MOU would mean the CSA is responsible to hang any sponsorship banner at the beginning of the season, would remove banners at the end of the season, and the CSA will remove any banner during the season that would be ripped or torn that would prove to be unsightly. I am also requesting the same MOU be in place for the CBO (Columbus Baseball Organization). With council approval, I would like to request Attorney Johnson to draft a simple MOU to confer on the items suggested. DESCRIPTION AND SCOPE OF PROJECT/ITEM WITH KEY ISSUES NOTED: PREVIOUS ACTION TAKEN (IF APPLICABLE): BUDGET AND FINANCING INFORMATION Account #: _________________________ Department: __________________________ Acct. # Approved Budget: ______________ Current Balance in Acct #: ________________ Remaining Balance in Acct #: _______________ (after approval)  CITY OF COLUMBUS FOR MEETING OF: May 2, 2023 REQUEST FROM/DEPARTMENT: CHLPC AGENDA ITEM/REQUEST: 2023 CHLPC Summer Concert Series *************************************************** CHLPC is requesting of council the opportunity to entertain for concerts in the park, 2023. The Concert Series will help raise funding for the ADA Rest Haven restoration project. CHLPC has secured the Pavilion (paid) for the following upcoming dates: • June 14 – Waunakee Big Band • July 12 – Mad City Jug • August 9 – Nine-thirty Standard CHLPC is in the process of securing its picnic license, insurance and Large Event Plan. Each of these items will be presented at a future council meeting for approval. Thank you for your consideration. DESCRIPTION AND SCOPE OF PROJECT/ITEM WITH KEY ISSUES NOTED: PREVIOUS ACTION TAKEN (IF APPLICABLE): BUDGET AND FINANCING INFORMATION: Account #: _________________________ Department: __________________________ Acct. # Approved Budget: ______________ Current Balance in Acct #: ________________ Remaining Balance in Acct #: _______________ (after approval)  2023 AGENDA ITEM Committee of the Whole Meeting date: ____April 18, 2023_______ Council Meeting date: May 2, 2023 ________________________ ITEM:_Municipal Services Director Position DETAILED DESCRIPTION OF SUBJECT MATTER: The Columbus Utility Commission has been recruiting for a Utility Director for several months and has not successfully placed anyone in the position. Currently, the city has a Public Works Director vacancy. The city has had difficulty filling the Public Works Director vacancy during previous recruitments. With both position open at the same time, it is a good opportunity to review the position descriptions and look for efficiencies in our staffing structure. Council approved Municipal Services Director as the position title. The position description is attached and the salary range suggested by Utility staff is $140,000-$160,000. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: • Position Description ACTION REQUESTED OF COUNCIL: Approve Position Description and salary range  POSITION DESCRIPTION Title: Municipal Services Director Department: Columbus Utilities/Public Works Date: 04/03/2023 FLSA: Exempt Wage Range: $140,000 - $160,000 GENERAL PURPOSE This position is responsible for the general administration, planning, development, direction, and day-to- day operations of Columbus Utilities and the Public Works Department. SUPERVISION RECEIVED This appointed position works under the supervision of the City Administrator and has an oversight board, the Utility Commission. SUPERVISION EXERCISED Provides direct supervision to Columbus Utilities and Public Works department staff; assigns, directs and evaluates their performance. Makes effective recommendations regarding salary increases, promotions, hiring and terminations. ESSENTIAL DUTIES AND RESPONSIBILITIES • Lead and motivate with integrity and honesty at all times. • Oversee day-to-day operations including operation, construction, maintenance and repair of the electric and water system, city buildings, motor equipment, grounds, parks, forestry, turf management, Udey dam, recreation facilities, athletic fields, aquatic center, Hillside Cemetery, stormwater management and facilities, traffic control devices, sidewalks, bridges, and streets, including snow and ice removal. • Work collaboratively with other city departments and department personnel to achieve productivity targets. • Be an active participant in all Department Head and Utility Commission meetings, and attend Common Council and other city meetings as required. • Attends various community and intergovernmental meetings as City representative to obtain/share information, explain policies and goals, and gain cooperation and support. • Assures all work is carried out within budget; monitors revenues and expenditures to assure sound fiscal control and maximum cost-efficiency; prepares annual budget requests. • Works in partnership with City Engineer in the review of all private project development plans to ensure adequate infrastructure planning and compliance of plans to construction standards for all related infrastructure development, including street, curb cuts, drainage facilities, wastewater and water connections. • Select, train, motivate, and evaluate personnel; provide or coordinate staff training: work with employees to correct deficiencies; implement discipline and termination procedures. Page | 1  • Produce required regulatory reports and ensure compliance with regulatory requirements, laws codes, and enforcement actions. • Facilitation of Utility Commission Oversight and Governance. • Ensure that a safe work environment is maintained by monitoring and enforcing proper equipment checks, workplace safety and situational awareness among staff. • Respond to and resolve difficult and sensitive citizen inquiries and complaints. • Perform related duties as required. REQUIRED KNOWLEDGE, SKILLS AND ABILITIES • A bachelor’s degree from an accredited college or university in engineering, business administration, accounting, public administration, or other directly relevant discipline. • Six years of progressively responsible experience and demonstrated ability in the administration of public or private utilities, utility design, and construction. • Minimum of three years of supervisory experience. • Excellent interpersonal and communication skills. • Project management experience. • Highly responsible professional able to manage multiple tasks simultaneously and to provide constant oversight of department activities and emergency response. • Ability to establish and maintain effective and positive working relationships and communicate effectively with other city employees, City Council, and the public. • Experience to interpret and apply federal, state, and local policies, laws, and regulations. • Ability to ensure compliance with city and department safety rules and regulations including training per Federal (OSHA) and State (DSPS) regulations. PHYSICAL DEMANDS AND WORKING ENVIRONMENT The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions. Environment: Work is performed primarily in a standard office setting. Exposure to extreme hot or cold temperatures. Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive and movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. Page | 2 This job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. I acknowledge that I have read the job description for my employment position with the City of Columbus and I certify that I can perform these functions. _____________________________________ ___________________________________________ Employee Name – Please print Employee Signature ___________________________________ Date Page | 3  2023 AGENDA ITEM Committee of the Whole Meeting date: ____ _______ Council Meeting date: __May 2, 2023_____________ ITEM:_City Loan Manual Update _ DETAILED DESCRIPTION OF SUBJECT MATTER: The City of Columbus maintains a loan fund that was established from legacy funds from the old Community Development Block Grant revolving loan program. As that program was phased out, the City acquired the existing loan receivables, and is now receiving the revenue and maintaining those assets. Recently there has been renewed interest in this loan program, so the Community Development Authority, who serves as the Loan Committee, reviewed and updated the manual. The City Attorney took their recommended loan manual and made additional changes for clarity and consistency. The final clean copy of the manual is the version that incorporates all of the edits by the City Attorney. The only change from the previous version you’ve seen is that the CDA has submitted their recommendation on the range of business loans that could be funded through the revolving loan fund, establishing a range of $50,000 - $500,000. These loan must still have funding and City Council approval to be issued/ LIST ALL SUPPORTING DOCUMENTATION ATTACHED: • Clean Draft of City Loan Manual ACTION REQUESTED OF COUNCIL: Approve the loan manual.  Columbus City Loan Manual Background The funding source for the Columbus City Loan Fund Program (the “Program”) originated from the Community Development Block Grant (CDBG) Revolving Loan Fund (RLF) program. In 2019 the City of Columbus completed the CDBG CLOSE program and bought out the existing loans receivable as part of the CLOSE application. As the loans receivable are repaid to the Program, these funds are de‐federalized. These repaid funds are also included in the Program. Purpose The Program is intended to be a flexible source of financing to encourage Economic Development and Private Investment in the City of Columbus. The Program provides and additional source of funds for projects and can increase private lender interest for a project by mitigating their risk. Objectives Economic development activities assisted with funds made available through the Program are intended to meet the following objectives: 1) To encourage the creation of new businesses and entrepreneurial growth in the Columbus Business Community. 2) To leverage new private investment into the City in the form of fixed asset investment, particularly in land and buildings. 3) To perpetuate a positive and proactive business climate this encourages the retention and expansion of existing businesses and helps attract desirable new businesses. Amendments The City may from time to time amend the policies and procedures contained within this manual and such amendments shall first be reviewed by the Columbus Community Development Authority (CDA). Loan Review Board The City Council hereby designates the CDA as the formal Loan Review Committee (Committee) for the Program. The Committee shall have the authority to review, select and recommend loan applications funded by the Program to the city council for final approval. The Committee shall also have the authority to make policy recommendations for the administration of the Program. Loan Fund Administrator The City Administrator or designee shall act as the City Loan Fund Administrator (Administrator). The Administrator shall promote the program to prospective applicants, advise applicants regarding application submittal requirements, and process application submittals. The Administrator, where necessary and appropriate, shall counsel or guide applicants to other resources that may be needed. The Administrator shall provide periodic activity reports from Program to the CDA and members of the city council. The Administrator shall work with the City Treasurer to maintain all records for the Program. The City Treasurer’s Office will maintain loan statements, issue loan invoices, receive loan payments and report transactions. Last Revised 3‐20‐23 Page 1 of 8  Columbus City Loan Manual Meetings Committee meetings shall be held on an as‐needed basis. Pursuant to Section 19.84, Wisconsin Statutes, all Committee members and the general public shall be given prior notice of each meeting. A majority of the Committee in attendance at a meeting constituting a quorum shall be required for official Committee action. Official actions must have the support of the majority of all Committee members. Vacant positions on the Committee shall be counted in determining the total number of Committee members. Records Written records of all program activities, including program meetings, loan applications, and related documents, shall be maintained pursuant to the Wisconsin Open Records law, and shall be maintained in a locked file cabinet in the City Administrator’s Office with access limited to authorized personnel. The City's legal counsel shall be consulted in regard to compliance with state and municipal open records laws. The following files shall be established and maintained for each loan applicant: 1) Loan Application File: This file contains all application, business financial statements, personal financial statements, credit reports, business plan documents, and other supporting loan information submitted to the City, including all applicable correspondence. 2) Loan Closing File: This file contains copies of all loan‐closing documents. All legal documents from the loan closing, including security instruments, the note and other applicable correspondence shall be placed in a locked, fireproof safe. The City's legal counsel shall be involved in helping create and complete this file to ensure complete loan documentation. Copies of the loan closing documents and an amortization schedule will be provided to the loan recipient. 3) Financial Statement File: This file contains the business' periodic financial statements as required by the loan covenants with a statement indicating that the Administrator reviewed the data. 4) Site Visit File. Site visits shall be conducted periodically to each loan recipient, the scheduling of which depends on the nature of the project. A summary of the site visits will be placed in the file, particularly highlighting any information that can help in rating the overall condition/risk of the loan. 5) Loan Review File: All loans will be reviewed on an annual basis, and at such other times as may be deemed necessary by the Committee. The review shall follow receipt of the fiscal year‐end financial statements, the year‐end progress reports, and site visits. A report on the loan review shall be in the file and address the following: timeliness of monthly payments; condition of collateral securing the loan and status of security documents (i.e. mortgages, title reports UCC filings); overall financial condition of the business; the presence of material liens or lawsuits; and violations of loan covenants and suggested corrective actions. Business Micro‐Loan Program The Business Micro‐Loan Program provide loans to start‐up, newly established, or growing small businesses. The purpose is to assist business owners and entrepreneurs with funding to stimulate growth. • Eligible Activities: o Working Capital o Purchase of machinery, equipment, inventory or supplies o Building renovation and rehabilitation o Down Payment Assistance for the purchase of owner occupied commercial real estate Last Revised 3‐20‐23 Page 2 of 8  Columbus City Loan Manual Façade Loan Program The Façade Loan Program provides funding to commercial property owners for building renovation projects. The purpose is to provide a source of funding for commercial property owners making improvements to the exterior of their property. • Eligible Activities: o Repair/replacement of the original building’s materials and decorative details. o Cleaning of exterior building surfaces. o Tuck pointing and masonry repair. o Painting of exterior building surfaces (In downtown that is limited to painting brick buildings that have already been painted.) o Repair/replacement or addition of entrances, doors, display windows, transoms, or windows. o Removal, repair/replacement of existing signs and awnings. o New signage and awnings. Business Loan Program The Business Loan Program provides loans to businesses with offices, facilities, or projects in the City of Columbus. The purpose is to assist business owners and entrepreneurs with funding to stimulate growth. • Eligible Activities: o Purchase of machinery, equipment, inventory or supplies o Building construction, expansion, renovation or rehabilitation Other Loans If the Program contains an insufficient balance to fund a requested loan, or if the requested loan falls outside one of the programs referenced above, the City Council may act following the recommendation of the Committee and consider funding requests using other funds on hand while adhering to the terms, conditions, and standards of this manual. The City Council may not issue loans using Program funds without a recommendation from the Committee. Project Requirements To be eligible for funding, a proposed project must meet all of the following minimum requirements unless specific exceptions are documented and granted: 1) Project Location: Projects must be located within the City of Columbus at the time the loan closes. 2) Funds Leveraged: For Business Micro Loans and Façade Loans, the applicant must leverage a minimum of one dollar ($1.00) of private funds for every one dollar ($1.00) of loan funds requested. For Business Loans, the applicant must leverage a minimum of two dollars ($2.00) of private funds for every one dollar (1.00) of loan funds. 3) Financial Feasibility, Business Viability, and Loan Security: The applicant must demonstrate that the proposed project is viable, the business will have the economic ability to repay the funds or the loan funds are adequately secured to ensure repayment. A combination of these factors may be used to evaluate this requirement. Last Revised 3‐20‐23 Page 3 of 8  Columbus City Loan Manual 4) Compliance with Applicable Laws: Applicants shall comply with all applicable local, state, and federal laws and codes. 5) Project Completion: Projects shall be completed within 12 months from the date of the loan funding. Exceptions may be granted if 12 months is not feasible or reasonable, in the sole determination of the Loan Committee. Examples of circumstances that may lead to projects exceeding 12 months include extended time required to obtain materials, equipment, or contractors to complete the work. Ineligible Activities Program funds shall not be available for the following activities or business types: 1) Refinancing or consolidation of existing debt. 2) Reimbursement for expenditures prior to loan approval. 3) Specialized equipment the Loan Committee determines is not essential to the business operation. 4) Residential building construction or reconstruction (unless such reconstruction is intended to convert the building to a business or industrial operation). 5) Professional services such as feasibility and marketing studies, accounting, management services, and other similar services. 6) Any Home‐based businesses 7) Other activities that the Committee may identify during the administration of the Program. Terms and Conditions 1) Loan Amount ‐ Loans in the Business Micro‐loan and Façade Loan programs shall be issued in amounts between $10,000 and $50,000. Business loans shall be issued in amounts between $50,000 and $500,000. All loans are contingent on availability of funding. 2) Interest Rates will be set by the Committee based on the of the application. 3) Loan terms should be determined based on the value of the loan, the interests and security of the City, the details of the loan application and the circumstances of the funding matrix. Shorter terms are generally safest and preferred, but in no event shall a loan exceed 20 years. 4) Amortization schedules shall be set up for monthly payments unless an alternate repayment frequency is authorized by a supermajority (2/3) of the Committee. 5) There shall be no prepayment penalties. 6) The City will seek to have the best possible collateral position possible to ensure that all loans are secured. The applicant is required provide a personal guarantee(s) and a mortgage position on any real estate that is a part of an application. Application Procedures 1) Timing: Applications may be submitted at any time during the calendar year, applications will be reviewed based on availability. 2) Application Prioritization: Applications shall be reviewed in the order received and based on readiness for the proposed project to proceed. In the event that loan funds requested exceed available funds, the following criteria will be used to determine which business(es) will be awarded the loan(s): a. Eligibility of the applicants. b. Eligibility of the project to be undertaken. c. The extent to which private funds are to be leveraged. d. The extent to which the loan can be secured. e. Evidence of ability to repay the loan. Last Revised 3‐20‐23 Page 4 of 8  Columbus City Loan Manual f. Other factors as deemed appropriate. Last Revised 3‐20‐23 Page 5 of 8  Columbus City Loan Manual 3) Application Submittals: Applicants shall submit an application using the approved form available from the City Loan Fund Program and that includes the following, or provide equivalent information: a. Business Plan ‐ Provide a copy of your business plan that should follow the Small Business Administration (SBA) traditional Business Plan format. b. Project Description ‐ A description of how the business will use the requested funds. c. Commitments from other funding sources ‐ Identify all commitments from all private lenders or investors that are funding the project. d. Financial Projections ‐ Provide proformas (a balance sheet & income statement and cash flow statement). These should cover a three‐year period and should be based on the assumption that the business will receive the requested loan. e. Additional Information ‐ Additional information as may be required by the Loan Review Committee or the Administrator. 4) Review Process: a. Preliminary Review ‐ The Administrator will review the application for completeness and verify that the proposed project meets the minimum requirements of the loan fund. b. Formal Review ‐ The Committee will meet to review an application within 30 days of the receipt of a completed application. Once the review is completed, the Committee will forward its recommendation to city council for consideration. c. Notice of Award. ‐ If the application is approved, a closing will be scheduled to execute the necessary loan documents. d. Rejection of Award ‐ If the application is not approved, the Administrator will send a letter to the applicant stating the reasons for rejection and offer to meet with the applicant to explore ways to strengthen the loan request or to identify alternative funding sources. Distribution of Funds Prior to releasing funds, the following documentation must be in place or provided at the appropriate time during the term of the loan. 1) Notice of Award: The Committee must have reviewed and approved a complete application for an eligible applicant. 2) Loan Agreement: The City attorney shall prepare a loan agreement, which shall be executed by the Mayor, Clerk and the Chief Executive Officer of the business. 3) Promissory Note: A promissory note shall be prepared by the City attorney and signed by the designated signee at the time of loan closing. The note must be dated; it must reference the agreement between the City and the business; and, it must specify the amount and terms of the loan funds delivered. 4) Security : Mortgage or lien instruments or personal guarantees provided as security for all loans shall be prepared by the City attorney and executed at the time of the loan closing. The City attorney, or Administrator, shall record the instrument and place a copy in the project file. 5) Repayment Schedule ‐ A loan repayment or amortization schedule shall be prepared by the City Attorney. The repayment schedule shall be dated and signed by the Chief Executive Officer of the business. At that time, the repayment schedule shall be attached to both parties’ copies of the promissory note. 6) Evidence of Permits: Documentation must be provided by the applicant that all necessary permits, licenses, and any other registrations required have been obtained by the applicant prior to the release of program funds. 7) Evidence of Program Expenditures: Documentation must be provided by the business to evidence Last Revised 3‐20‐23 Page 6 of 8  Columbus City Loan Manual program expenditures prior to the release of funds. Documentation shall include bills and invoices or receipts for materials, final bills of sale or canceled checks. All documentation shall be reviewed and approved by the Administrator. 8) Fixed Equipment: Fixed equipment financed with program funds must have been purchased, delivered, and installed. The Administrator shall verify the installation of fixed equipment. 9) Other Documentation: As appropriate or necessary, the borrower may be asked to provide the following: a. A certificate of status from the Department of Financial Institutions. b. The Articles of Incorporation and by‐laws of the applicant. c. A resolution of members or directors authorizing the borrowing of funds and Secretary's certificate. d. Current financial statements. e. Evidence of having secured other funds necessary for the project. Post Approval Requirements In addition to the terms and conditions of the loan, all borrowers shall agree to comply with the following: 1) Not to discriminate on the basis of age, race, religion, color, handicap, sex, physical condition, development disability as defined in Wis Stats s. 51.01(5), sexual orientation or national origin in any employment or construction activity related to the use of the business loan funds. 2) To use the loan money only to pay the cost of services and materials necessary to complete the project or activity for which the loan funds were awarded. 3) To permit inspections by persons authorized by the City of all projects and properties assisted with loan funds. Related project materials shall also be open to inspections, which include, but may not be limited to, contracts, materials, equipment, payrolls, and conditions of employment. Requests for inspection shall be complied with by the borrower. 4) To maintain records on the project as may be requested by the City and Committee. These files shall be maintained as long as the loan is active or for at least three (3) years after completion of the work for which the loan has been obtained, whichever is longer. 5) To submit periodic progress reports to the Administrator in accordance with the schedule in the loan agreement. These reports shall report on project progress including number of jobs created or retained during the loan agreement. 6) To maintain fire and extended coverage insurance on the project property required during the term of the loan. The City shall be listed as Loss Payee, Mortgagee, or "additional" insured on the policy. Term life insurance may be required of the applicant to cover the loan balance through the life of the loan. 7) To abide by all federal laws, when applicable. These include, but may not be limited to: The Civil Rights Act of 1964; the Age Discrimination Act of 1975; the Davis‐Bacon Act, as amended; the Contract Work Hours and Safety Standards Act; the Copeland "Anti‐ Kickback" Act; and, all regulations pursuant to these Acts. Default In the event the business is in default on any of the terms and conditions of the loan agreement, all sums due and owing, including penalties, shall, at the City's option, become immediately due and payable. To exercise this option, the City's attorney shall prepare a written notice to the business. The notice shall specify the following: 1) The default. Last Revised 3‐20‐23 Page 7 of 8  Columbus City Loan Manual 2) The action required to cure the default. 3) A date, not less than thirty (30) days from the date of the notice, by which the default must be cured to avoid foreclosure or other collective action. 4) Any penalties incurred as a result of the default, jobs, etc. Use of Loan Repayments Repaid Program funds shall be deposited into the Program Fund account and used in a manner consistent with the policies and procedures manual. A separate accounting record for each loan shall be kept to account for all funds loaned. The Program account shall be audited on an annual basis. In the event the City Council funds a loan due to insufficient funds in the Program Fund, the City Council may elect to retain the principal that is returned through the loan payments but must direct all interest generated to the Program fund. \ Last Revised 3‐20‐23 Page 8 of 8  4-23 RESOLUTION NO. _______________ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF COLUMBUS AUTHORIZING THE SALE OF PARCELS 11211-1090.B AND 1090.C WHEREAS, the City of Columbus (hereinafter “City”) desires to sell certain parcels of land located in the City of Columbus, better identified as Parcel Nos. 1090.B and 1090.C located in the City of Columbus, Columbia County, Wisconsin (hereinafter “the Property”); and WHEREAS, CBC DT LLC (hereinafter “LLC”) desires to purchase the Property from the City; and WHEREAS, LLC and City have voluntarily negotiated the terms and conditions of the purchase and sale of the Property. NOW, THEREFORE, the Columbus Common Council does hereby resolve as follows: 1. The Common Council does hereby authorize Mayor Joseph G. Hammer and City Clerk Patricia Goebel to execute the Memorandum of Understanding attached to this Resolution dated April 11, 2023, indicating that the proposed use of the Property is a Dollar Tree/Family Dollar facility. 2. The Common Council further authorizes Mayor Hammer and Clerk Goebel to execute any and all documents necessary to complete the sale of the Property to LLC pursuant to the terms of the negotiated Offer to Purchase. Without limitation, Mayor Hammer and Clerk Goebel are authorized to execute the Warranty Deed, closing statement, any affidavits required by the title company to complete the sale, and any and all other documents required by the title company or buyer to complete this transaction. Approved by the Common Council of the City of Columbus on the 2nd day of May, 2023. _________________________ _________________________ Joseph G. Hammer, Mayor Patricia Goebel, Clerk C:\Users\pgoebel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\X2D8RNX4\resolution 042623 (A4878640x9DEB4).docx  CERTIFICATION I, Patricia Goebel, as Clerk for the City of Columbus, Columbia County, Wisconsin, do hereby certify that the attached Resolution is a true and correct copy of a Resolution adopted by the Common Council of the City of Columbus, Columbia County, Wisconsin, at a meeting duly called on the 2nd day of May, 2023. Dated this ____ day of ____________, 2023. ____________________________________ Patricia Goebel, Clerk, City of Columbus C:\Users\pgoebel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\X2D8RNX4\resolution 042623 (A4878640x9DEB4).docx