Committee of the Whole Meeting Packets

COLUMBUS COMMON COUNCIL – COMMITTEE OF THE WHOLE MONDAY, AUGUST 6, 2018 – FOLLOWING REGULAR MEETING COLUMBUS CITY HALL 1. Roll Call 2. Notice of Open Meeting 3. Approve Agenda 4. Citizens Comments on agenda items 5. Department Reports a. Columbus Area Senior Center May Report b. Columbus Area Senior Center June Report c. Columbus Police Department May Report d. Columbus Police Department June Report 6. Review Alcohol Beverage License Application Revising Premises Received from Dubs Brew, LLC d/b/a Cercis Brewing Company to include sidewalk area. 7. Rotary Park Grant Presentation 8. Review and discuss field-use application of Columbus Area Youth Soccer Organization for fall 2018 9. Review and discuss phosphorus trading issue and potential agreement with Nasco 10. Discussion regarding art project for Dickason Boulevard space 11. Update on City Facilities study process 12. Discussion of relocating the Eastern Columbia Co. Joint Municipal Court to Columbus 13. Hwy 89 Project Update 14. River Road Parking Regulations 15. Discussion of crosswalks on Avalon Road and Dix Street 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 17. 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 Administrator evaluation process) 18. Adjourn  Columbus Area Senior Center Director’s Report May 2018 Highlights We hosted the Red Bud Princess/Prince competition during Red Bud Days in Columbus. The program was Saturday, May 12 with 23 persons attending. Director Kim Lang attended and passed training and certification for IS300 Emergency Management. All City of Columbus Department Heads are required to have certification IS 100, 200, 300 and 700. Kim successfully completed all 4 of these portions of Emergency Management training. We have had positive feedback for our nutrition/cooking programs. These were presented by the Columbia County Nutrition program through the UW Extension and paid for by a grant from the State of WI. Two topics were presented in May and two more are scheduled for June. The turn out was lower than hoped based on interest, but still a positive program with about 10 each time. They received this same grant for 2019, so we have scheduled 7 different nutrition/cooking classes for 2019. Pedal Days in Columbus was held on May 14-19. The Senior Center hosted this activity on Thursday with biking information and refreshments. Bikers tried out their coasting skills for prizes. Thanks to Joy Vander Sanden and Cathy Ballweg who volunteered to assist with this activity. We had 63 bikers, stollers and walkers attend. Our ColorRama adult coloring group is becoming a great new activity. We started with 3 participants and now are up to about 8. This group meets the 1st, 3rd and 5th Thursday of the month at 12:30. The Happy Wanderers travel enthusiasts group started off this month. Kim from Kim’s Tours spoke about her tours to the 6 participants. Next month we hope to have someone come and speak about travel tips and the following month about travel to Washing D.C. for interested travelers. Incident Report  There were no incidents in May Budget review – As of 6/1/18 REVENUE This Month YTD Budget % of Budget MISC REVENUES .00 365.78 1,500.00 24.39 PROGRAM REV .00 1,208.50 6,000.00 20.14 FUNDRAISING .00 1,441.96 6,000.00 24.03 NUTRITION PRGM .00 425.00 1,020.00 41.67 DONATIONS .00 800.00 .00 .00 EXPENSES SUPPLIES 90.19 2,436.42 4,000.00 60.91 MARKETING/ADVERT .00 184.10 1,500.00 12.27 EDUCATION & TRAVEL 12.50 20.00 1,200.00 1.67 PROGRAMS .00 2,653.04 7,000.00 37.90 DUES & SUBSCRIPTS .00 2,000.78 1,500. 133.39 DONATED FD PURCHASE .00 50.11 .00 .00 CAPITAL ITEMS .00 .00 1,500.00 .00 COMP LICENSE/REPAIR .00 1,331.50 3,000.00 44.38 Respectfully submitted, Kim Lang, Director June 7, 2018 Monthly Duties and Assistance Newsletter was produced and distributed for June. Columbus Commotion Summer issue was published and 2000 copies distributed. Prepared Advisory Board agenda and reports. Prepared calendars and made appointments for programming and events for 2018. Met with Program committee to discuss summer programs and Fall Festival. Weekly news releases to the Columbus Journal, website and other sources Assisted with phone calls & drop-ins regarding programming and services Conducted facility tours Provided dining center program referrals Rental/building use: calls/questions/walk-through tours/code door Accounting: completed purchase orders and requisition for outstanding invoices, supply items purchased, completed deposits, payroll, and reviewed monthly budget. Completed Payroll Sponsors Home Again – bingo Larson House – bingo Columbus Family Restaurant – bingo Dekora Senior Living - bingo Sentry Floral department - flowers Mike Hanousek – individual computer instruction Columbia County ADRC-benefit specialist appointment, meal site and energy services Columbus Community Hospital –exercise instruction, Lunch & Learn Generations Hospice – Exercise and Blood pressure. The Meadows Assisted Living – Bingo Rentals: CASA, CAE, Library, Rec Dept., Weight Watchers, Draeger Insurance. Meetings & Training Attended Department Head meetings – May 2, 9, 22, 29 Combined publication meeting – May 3 and 14 Community Group meeting – May 2 Senior Networking Meeting –.May 10 City Communications team meeting – May 4 Emergency Management Training – May 7 and 8 Staff time off in May Kim will be off all day on June 15 Candace will be off all day June 18-22 Respectfully submitted, Kim Lang, Director June 7, 2018  Columbus Area Senior Center Director’s Report June 2018 Highlights Our book club with the Columbus Library has become one of our most successful new programs. We started with 2-3 participants and in June has 10. We have at least 12 of this month’s books checked out. The library had considered ending this program at their location for lack of attendance. Having it here and earlier in the day has paid off. Girl’s Night Out had a good event this month with 16 attending. We had dinner at Cercis Brewery and a professional organizer from DeForest present our program at the Senior Center. We are changing this program to FNO (Fun Night Out) and opening it to all ages. Fall programs and meal locations are being worked on in the coming week. Farmer’s Market Vouchers from the ADRC were handed out to about 5 individuals. Qualified persons receive a voucher allowing them to obtain free fresh vegetables provided by participating farmers. The Library brought ZooZort to the Senior Center in the 26th. This is an exotic small animal program for the Summer Reading Program. We had over 300 attend one of the 2 programs and included all ages. We had 12 of members attend alone or with grandchildren. Once again the Red Bud 4 year olds joined us for some fun. Kids and adults blew bubbles and enjoyed ice cream. Incident Report  There were no incidents in May Budget review – As of 6/30/18 REVENUE This Month YTD Budget % of Budget MISC REVENUES .00 455.78 1,500.00 30.39 PROGRAM REV .00 1,443.50 6,000.00 24.06 FUNDRAISING .00 1,609.96 6,000.00 26.83 NUTRITION PRGM .00 510.00 1,020.00 50.00 DONATIONS .00 800.00 .00 .00 EXPENSES UTILITIES .00 1,389.11 4,200.00 33.07 HEATING 21.77 1,984.82 3,000.00 66.16 TELEPHONE .00 83.76 190.00 44.08 REPAIRS/MAINTENANC 246.15 4,186.18 7,000.00 59.80 SUPPLIES .00 2,530.07 4,000.00 63.25 MARKETING/ADVERT .00 184.10 1,500.00 12.27 EDUCATION & TRAVEL .00 20.00 1,200.00 1.67 PROGRAMS 180.00 3,308.89 7,000.00 47.27 DUES & SUBSCRIPTS .00 2,000.78 1,500.00 133.39 DONATED FD PURCHAS .00 268.06 .00 .00 CAPITAL ITEMS .00 50.00 1,500.00 3.33 LICENSE/REPAI .00 1,331.50 3,000.00 44.38 Respectfully submitted, Kim Lang, Director July 12, 2018 Monthly Duties and Assistance Newsletter was produced and distributed for July and prepped for August. Columbus Commotion Summer issue was published and 2000 copies distributed. Columbus Commotion Fall issue is being prepped for August publication. Prepared Advisory Board agenda and reports. Prepared calendars and made appointments for programming and events for 2018. Met with Program committee to discuss summer programs and Fall Festival. Weekly news releases to the Columbus Journal, website and other sources Assisted with phone calls & drop-ins regarding programming and services Conducted facility tours Coordinated flooring repairs Provided dining center program referrals Rental/building use: calls/questions/walk-through tours/code door Accounting: completed purchase orders and requisition for outstanding invoices, supply items purchased, completed deposits, payroll, and reviewed monthly budget. Completed Payroll Sponsors Columbus Family Restaurant – bingo Dekora Senior Living - bingo Sentry Floral department - flowers Mike Hanousek – individual computer instruction Columbia County ADRC-benefit specialist appointment, meal site and energy services Columbus Community Hospital –exercise instruction, Lunch & Learn Generations Hospice – Exercise and Blood pressure. The Meadows Assisted Living – Bingo Rentals: CASA, CAE, Library, Rec Dept., Weight Watchers, Sen. Johnson’s office, Hillside Cemetary, Mouser Family Meetings & Training Attended Department Head meetings – June 6, 13, 27 Combined publication meeting – June 19 Community Group meeting – June 20 Senior Networking Meeting –.June 14 City Communications team meeting – June 1 and 29 City Council Meeting – June 19 Staff time off in May Kim will be off all day on July 16 and 20 Respectfully submitted, Kim Lang, Director July 12, 2018  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) August 2, 2019 Mayor Thom Members of the City Council RE: Police Department Activity Reports This is the written report for the Columbus Police Department for May and June 2018 outlining our activity and current events. Respectfully submitted, Lt. Dennis Weiner, Acting Police Chief www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) PERSONNEL The department is not fully staffed. The positions are broken down below. Current Staffing overview as of August 1, 2018: Authorized by Budget Actual Sworn Officers Full-time police officers: 10 8 (Position breakdown) Patrol Officer 6 5 Sergeant 1 1 Lieutenant 2 2 Chief 1 0 Clerical Office Manager (full-time) 1 1 Clerk (full-time) 1 1 Adult, School Crossing Guards (part-time) Regular N/A 6 Substitute N/A 3 NOTE: N/A indicates that the budget doesn’t specify a set amount of positions (e.g. regular, full-time vs. part-time) as long as the total amount of positions doesn’t exceed the approved amount of funds www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) Employee Date of Hire Chief Vacant Lieutenant Dennis Weiner 2/18/2008 Lieutenant Roger Witthun 12/17/2001 Sergeant Darrell Ward 06/30/2017 Officer Matt Schultz 12/23/2002 Officer Kelly Towne 2/2/2004 Officer Riley Vogel 05/30/2017 Officer Kris Behling 1/22/2018 Officer Kyle Boschert 5/31/2018 Office Manager Erika Kellar 2/4/1999 Public Safety Clerk Bonnie Langsdorf 9/30/2006 HIRING/STAFFING: Kyle Boschert of Beaver Dam was hired in May after written testing, interviews, a background investigation. This also included the standard medical, physical, drug and psychological testing. He began with our department on May 31 and is scheduled to conclude his field training and be on solo patrol in late August. In June we recruited for the last vacant police officer position. Last week after certification by the Police and Fire Commission I made a conditional job offer to an applicant from Fond Du Lac. He is in the process of completing the necessary medical, physical, drug and psychological testing as part of the job offer. We hope to have him on board later in August. We continue to see a very low number of applications when recruiting for police officer positions. Other departments are experiencing the same issue. There are many variables that could be the cause, such as less choosing law enforcement as a career, massive retirements creating vacancies, or applicants who are applying selectively to departments because there are a lot of positions out there. I don’t know what the solution is but the last several processes have been concerning. www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) FACILITY: I have recently noticed that the large vertical crack in the stucco finish on the front wall of the police department is getting bigger and spider webbing out more due the bulging wall. Cracks in the block foundation below this section of wall were observed last year and reinforced with a metal support beam in the basement. The city building inspector and I are looking into what may be causing these issues and the scope of the issue. I will be bringing additional information before the council in the near future with our findings. EQUIPMENT: The speed trailer purchased as part of the Safe Routes to School Grant has been deployed in various locations in the city. I encourage anyone with a speed related issue to contact the police department to have the trailer set up in a particular location. In the last few months Sergeant Ward and Officer Behling have built trunk organizers on their own time, for the squads. These ensure our equipment is organized and easily visible and accessible when needed. TRAINING: Two officers attended 4 days of police bike training in Whitewater. This training involved very difficult riding courses and riding tactics, to be used in a variety of applications on the job. It was very physically demanding on the officers and on the police bikes. Both officers successfully completed the training which is put on by the International Police Mountain Biking Association (IPMBA). In June a mandatory department meeting was held for all staff. These are held once or twice per year when the entire department is together. This is used for discussing current issues, changes within the department, procedure changes, etc. During this meeting officers were updated by Sergeant Ward on some traffic laws. Lieutenant Weiner also presented some training on Dealing with Persons with Alzheimer’s or Dementia. Lieutenant Weiner and Lieutenant Witthun attended some train the trainer training on those topics last year. www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) MISCELLANEOUS: In May officers responded to the same residence 2 days in a row for an opioid overdose by the same person. Lifestar Paramedics administered Narcan during the first incident and our officer was first to arrive during the second one and administered Narcan. Narcan is the street name for Naloxone, which reverses the effects of opioid. Columbus officers are trained to administer Narcan into the nasal cavity and it is carried in each squad car. We have already surpassed the number of drunk/drugged driving arrests for all of 2017. We are seeing more Operating with Restricted Controlled Substance violations, to include marijuana, prescription medications and heroin. Also troubling is that in a couple week span in June, we arrested 3 drunk/drugged drivers who had children with them in the vehicle. The youngest being 4 years old. Having a child under 16 in a vehicle makes a first offense drunk/drugged driving a traffic crime and involves jail time. In June the department received a complaint of a disabled truck pulling a travel trailer on USH 151 in the city limits. When the officer arrived no one was around. It was determined the travel trailer was stolen from an RV dealership in Madison and the vehicle was stolen from Sun Prairie. No suspects have been identified. www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) ACTIVITY/CALLS FOR SERVICE (Month of May 2018) Calls by Day of the Week May 2018 Calls By Day Of Week 100 97 96 95 90 88 85 80 78 75 72 72 70 66 65 1-Sun 2-Mon 3-Tue 4-Wed 5-Thu 6-Fri 7-Sat Calls by hour of day May 2018 Calls By Hour Of Day 60 51 50 43 40 36 33 33 31 30 28 28 24 25 24 23 22 21 20 20 18 19 18 20 15 13 12 10 8 4 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) Monthly Call Volume (May 2018) 10-16 DOMESTIC ABUSE 7 10-46 DISABLED VEHICLE 11 10-DAY 10 DAY WARNING 7 911 HANG UP 911 HANG UP 19 ACCIDENT ACCIDENT 13 ALARM ALARM ACTIVATION 4 ANIMAL BITE ANIMAL BITE 3 ANIMAL ANIMAL 6 BATTERY BATTERY 1 CAR/DEER CAR/DEER ACCIDENT 1 CHILD SA CHILD SEXUAL ABUSE 1 CIVIL CIVIL COMPLAINT 1 COMMUNITY COMMUNITY/EMAIL COMPLAINT 1 DC DISORDERLY CONDUCT 4 DRIVE DRIVING COMPLAINT 26 ELUDING ELUDING 1 EMS CALL EMS CALL 13 EXTRA PATROL EXTRA PATROL 20 FIRE FIRE 3 FOLLOW UP FOLLOW UP 2 FOOT PATROL FOOT PATROL 2 FRAUD FRAUD 1 GENERAL GENERAL 10 HARASSMENT HARASSMENT 1 HAZ RDWY HAZARD ON THE ROADWAY 5 JUVENILE JUVENILE COMPLAINT 13 K9 K9 1 KEEP PEACE KEEP THE PEACE 4 LOST/FOUND LOST/FOUND 6 MISS PERSON MISSING PERSON 1 MUTUAL COPD MUTUAL AID COLUMBUS PD 4 MUTUAL MUTUAL AID 4 NOISE NOISE 4 O/W PERSON OUT WITH A PERSON 3 OPEN DOOR OPEN DOOR 2 ORD VIOL ORDINANCE VIOLATION 5 PARKING VIOL PARKING VIOLATION 14 RADAR RADAR ENFORCEMENT 12 SECURITY SECURITY 92 SPEED BOARD SPEED BOARD 2 SUSPICIOUS SUSPICIOUS 16 THEFT THEFT 10 THREAT THREAT 1 www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) TRAF CONTROL TRAFFIC CONTROL 4 TRAFFIC STOP TRAFFIC STOP 172 TRO/INJ VIOL TRO/INJUNCTION VIOLATION 1 VANDALISM VANDALISM 4 VEH LOCKOUT VEHICLE LOCK OUT 8 WARRANT WARRANT/WANTED PERSON 6 WELFARE WELFARE CHECK 17 Group Total: 569 ACTIVITY/CALLS FOR SERVICE (Month of June 2018) Calls by Day of the Week June 2018 Calls By Day Of Week 120 113 110 100 98 93 90 80 69 71 70 61 60 55 50 1-Sun 2-Mon 3-Tue 4-Wed 5-Thu 6-Fri 7-Sat \ www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) Calls by hour of day June 2018 Calls By Hour Of Day 45 41 40 39 38 35 34 33 30 27 25 26 25 25 23 24 23 22 22 21 22 21 20 17 17 15 16 15 13 11 10 5 5 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  Columbus Police Department 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) Monthly Call Volume (June 2018) 10-16 DOMESTIC ABUSE 3 10-46 DISABLED VEHICLE 8 10-DAY 10 DAY WARNING 2 911 HANG UP 911 HANG UP 13 ACCIDENT ACCIDENT 17 ALARM ALARM ACTIVATION 4 ANIMAL ABUSE ANIMAL ABUSE OR NEGLECT 1 ANIMAL BITE ANIMAL BITE 1 ANIMAL ANIMAL 9 CIVIL CIVIL COMPLAINT 2 DC DISORDERLY CONDUCT 1 DRIVE DRIVING COMPLAINT 26 EMS CALL EMS CALL 19 ESCORT ESCORT 1 EXTRA PATROL EXTRA PATROL 3 FIRE FIRE 2 FLEET MAINT FLEET MAINTENANCE 1 FOLLOW UP FOLLOW UP 1 FOOT PATROL FOOT PATROL 1 FRAUD FRAUD 2 GENERAL GENERAL 18 HARASSMENT HARASSMENT 5 HAZ RDWY HAZARD ON THE ROADWAY 5 JUVENILE JUVENILE COMPLAINT 6 KEEP PEACE KEEP THE PEACE 1 LOST/FOUND LOST/FOUND 2 MUTUAL COPD MUTUAL AID COLUMBUS PD 1 MUTUAL MUTUAL AID 8 NOISE NOISE 3 O/W PERSON OUT WITH A PERSON 2 OPEN DOOR OPEN DOOR 2 ORD VIOL ORDINANCE VIOLATION 9 PARKING VIOL PARKING VIOLATION 11 RADAR RADAR ENFORCEMENT 12 SECURITY SECURITY 130 SLIDE OFF SLIDE OFF 1 SPEED BOARD SPEED BOARD 3 SUSPICIOUS SUSPICIOUS 20 THEFT THEFT 6 TRAF CONTROL TRAFFIC CONTROL 1 TRAFFIC STOP TRAFFIC STOP 163 TRESPASS TRESPASSING 2 VANDALISM VANDALISM 1 VEH LOCKOUT VEHICLE LOCK OUT 5 VEH THEFT VEHICLE THEFT 1 VOP PROBATION VIOLATION 1 WELFARE WELFARE CHECK 24 Group Total: 560 www.cityofcolumbuswi.com Dennis R. Weiner-Acting Chief of Police  2018 AGENDA ITEM COMMON COUNCIL MEETING Committee of the Whole Meeting date: July 17, 2018__ Regular City Council Meeting date: TBD__ DETAILED DESCRIPTION OF SUBJECT MATTER: AMENDMENT TO LIQUOR LICENSE ISSUED TO DUBS BREW, LLC D/B/A CERCIS BREWING COMPANY Dubs Brew, LLC d/b/a Cercis Brewing Company had applied for and was granted renewal of their Class B liquor license for the July 1, 2018 – June 30, 2019 term. They wish to amend their liquor license to include their front sidewalk per their temporary encroachment permit. The license application and the temporary encroachment on City right of way permit application is included. MOTION REQUESTED OF COUNCIL: Amend Dubs Brew, LLC d/b/a Cercis Brewing Company liquor license for premises to include the front patio as described in the applicant’s valid temporary encroachment on City right of way permit.  Planned Hours of Operation and Plan Days: Mon, Wed, Thur: 4 pm until dusk (Apprx 8 pm) Fri-Sat: 3 pm until dusk (Apprx 8 pm) Sunday: 12 noon until 5 pm Dates: Approval of operation/sidewalk variance until September 30th May 1st – Sept 30th, 2019 Additional Precautions: • We will designate “no alcohol beyond this point” with stanchions and the area will be cordoned off properly. • A member of our wait staff will consistently patrol the area. • To start with, we will limit seating to 2 tables in order to accommodate council concerns regarding the five foot variance toward the south side of the building. • Chairs and umbrellas will be stacked and kept inside and tables will be put up against the wall. • In the event of severe weather, we will do that same. • We do have video cameras that capture a large portion of the area for additional safety concerns.  RENDERINGS BY PAUL PYFFEROEN, AIA CERCI'S BREWING COMPANY: OUTSIDE PATIO 8/1/2018 6:39:35 PM  NORTH DICKASON BLVD. " -0 5' R N. MI CERCI'S OUTDOOR SEATING AREA RAMP PROPERTY LINE N SITE PLAN 1 1/4" = 1'-0" CERCI'S BREWING COMPANY: OUTSIDE PATIO 8/1/2018 6:39:36 PM CERCI'S BREWING COMPANY: OUTSIDE PATIO 8/1/2018 6:39:36 PM CERCI'S BREWING COMPANY: OUTSIDE PATIO 8/1/2018 6:39:36 PM CERCI'S BREWING COMPANY: OUTSIDE PATIO 8/1/2018 6:39:36 PM  2018 AGENDA ITEM Committee of the Whole Meeting date: __August 6, 2018 ______ Council Meeting date: _____August 21, 2018 ______ ITEM: _ Field Use Agreement for Soccer DETAILED DESCRIPTION OF SUBJECT MATTER: Attached is paperwork and an application by the Columbus Area Youth Soccer Organization (CAYSO) for field use for the fall soccer season. We are here after considerable effort and discussion between city representatives and those from CAYSO to unify programs in Columbus to ensure a strong future for soccer in our community. Upon receiving acceptance by the Madison Youth Soccer Association (MAYSA), the City was preparing to expand upon its soccer program. Whole Body Strong soccer, a mainstay for youth soccer in Columbus, had been an established program associated with MAYSA for a number of years. Field use, scheduling and other issues have hampered efforts to create this cohesive program – but the determination by the individuals involved to keep working on solutions has carved this path to resolution. CAYSO has forwarded field use agreement with for you to consider to use Meister Park. CAYSO’s 501(c)3 has been put in place and their documentation is included for your review as well as their proof of insurance. Discussions between the City, CAYSO and Recreation Advisory Board members allowed for the conclusion that soccer is equipped to follow the model that a number of other athletic organizations have in the community: the CBO, CSA, CFO, etc. The plan going forward is to have City Recreation representation on the CAYSO Board and to have our soccer group meet again to review progress and keep all on the same page. Amy Jo Meyers has been busy working with CAYSO representatives on registrations and combining teams that were previously scheduled for play on recreation teams. Paul Genco and his group from CAYSO are working on information sharing with parents and players to clarify the changes and ensure a smooth transition. I would like to credit the “group” of individuals who have worked to get us to where we are: our own Amy Jo Meyers, Paul Genco, Carrie Hunt, Melody Tadych, Jason Schluter, Breanna Moorad, Kristen Hart, Ariann Morschauser, Regan Hendrickson and Mayor Thom. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Field Use Agreement for CAYSO ACTION REQUESTED OF COUNCIL: Consider and review field use agreement for soccer this fall.  CITY OF COLUMBUS – ATHLETIC FIELD USE AND FACILITY AGREEMENT This Agreement is entered into between the City of Columbus,( herein called “City”), and the Columbus Area Youth Soccer Organization (CAYSO),( herein called “Organization”). City of Columbus Recreation Mission Statement “The City of Columbus seeks to provide recreational activities and facilities that will build strong families and a community quality of life.” The term of this Agreement shall begin on the ___ day of _August__, 2018 and shall conclude on the _________ day of __________, 2018. This agreement shall be automatically renewed annually unless terminated by either party upon the giving of 60 days advance written notice to the other party. Notice shall be given to the City Clerk or to the representative of the Organization that executed this Agreement on behalf of the Organization. During the term of this Agreement, Organization agrees to: 1, Obtain and maintain 3rd party liability insurance with a $1,000,000 per injury coverage, naming the City as an additional insured or co-insured with the original certification certificates delivered to the City Clerk. 2. Provide to City a copy of the Organization’s Articles of Organization showing the Organization is a Non-Profit Non- Stock Corporation or 501(c)3 and provide proof that the Organization is in good standing with the Wisconsin Department of Financial Institutions 3. Provide to City Recreation Director and Director of Public Works a schedule of field use, practices and game times a minimum of 30 days prior to the start of the upcoming season. All final facility and field scheduling shall be approved by the Recreation Director. 4. Notify the City Recreation Director of the number of participants in the Organization’s program for the upcoming season and provide funds to the City in the amount equivalent to $5 per participant. 5. All requests for general field improvements and maintenance must be reviewed and approved by the Public Works Director prior to the commencement of any work. Any proposals to make substantial changes or alterations to any athletic field or facility are to be forwarded for approval by the Columbus City Council, prior to the commencement of work. 6. The Organization shall comply with all applicable federal and state laws and regulations related to the organizations activities and use of the City’s facilities. The City agrees to: 1. The City will supply the needed supplies to the Organization necessary to assist the Organization with its activities. A list of the supplies to be supplied by City is attached to this Agreement as Exhibit A. 2. The City will regularly provide basic maintenance of the fields/facility to support a safe and enjoyable environment for the upcoming season. The City shall also provide a storage area at each field facility. The basic maintenance to be provided by City is listed on the attached Addendum 3. The City shall place practice schedules, game and tournament schedules on the Recreation Department website. We, the undersigned, as representatives of the City of Columbus and the Organization agree to the terms listed above. _______________________________________ _____________ Michael Thom, Mayor Date ______________________________________ _____________ Megan Moen, Clerk Date _______________________________________ ____________ Authorized Representative of Organization Date ADDENDUM to AGREEMENT FOR: ____CAYSO__________________________ Name of Organization Supplies & Basic Maintenance necessary for CAYSO: • Regular maintenance of Meister Park: mowing, lining fields (with assistance from CAYSO) • Storage space at Meister Park  DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 7/25/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Lynne Raasch PHONE (800)747-4472 FAX Greater Insurance Service Corp. (A/C, No, Ext): (A/C, No): (608)221-0868 E-MAIL 414 Atlas Ave. ADDRESS: lynner@greaterinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # Madison WI 53714 INSURER A :Secura Insurance Companies 22543 INSURED INSURER B : Columbus Area Youth Soccer Organization INSURER C : 521 S Birdsey St INSURER D : INSURER E : Columbus WI 53925 INSURER F : COVERAGES CERTIFICATE NUMBER:18-19 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 100,000 9445953 4/4/2018 4/4/2019 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- 2,000,000 JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Columbus THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 105 N Dickason Blvd Columbus, WI 53925 AUTHORIZED REPRESENTATIVE L Raasch XX/RAASCH © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401)  2018 AGENDA ITEM Committee of the Whole Meeting date: __ August 6, 2018 ______ Council Meeting date: ____TBD ______ ITEM: _ Phosphorus Trading/Nasco Agreement DETAILED DESCRIPTION OF SUBJECT MATTER: David Arnott, our wastewater engineer from Ruekert-Mielke will be at the Committee of the Whole on Tuesday to discuss two issues related to phosphorus levels at the Wastewater Treatment Plant (WWTP). For those who have been on the Council for a while, you should recall that because the City holds a WPDES (Discharge Permit) from the DNR for our sewer plant, we need to abide by the environmental regulations attached to it. One of the bigger regulations is the amount of phosphorus allowed to be discharged from the plant into the Crawfish River. While Dave will explain this further, the City is in a favorable position in relation to one phosphorus regulation and in an unfavorable position in another. The favorable situation is related to how the City contributes to the Rock River drainage basin, of which the Crawfish is a tributary. The city’s phosphorus levels are much lower than the standard, which allows us to work with other entities that discharge into the system who are over the standard. This allows us to “sell” our phosphorus capacity via “credits” to others that are over the threshold. Dave had been reviewing other permit holders to find out who needed those credits and a good candidate emerged in Nasco, a company from Fort Atkinson. Nasco needs credits and we can sell them. We have discussed an agreement with them and it is provided in the packet for your review. Dave will provide further insights on this Monday night. On the other side of the coin, in terms of the phosphorus that the City WWTP discharges to the Crawfish River– we currently exceed the standard in the amount of allowable phosphorus that is contained in effluent that comes out of the plant. Due to this situation, the DNR requires us to develop a plan that will address how we will get under the standard. In recent years, it was feared that there were limited ways to reduce phosphorus and they all generally revolved around significant equipment upgrades to the WWTP, which were going to be very costly. Over time, the development of the water quality trading program has developed into a viable way to meet the phosphorus standard. In short, the water quality trading process relative to the City needing to obtain credits, involves working with farmers along the watershed upstream to implement improved tillage and conservation practices. This effort is intended to reduce the phosphorus levels that are measured outside of the plant. Dave will review this concept for us again on Tuesday as a way to inform you of the next steps, which include setting up meetings with farmers who would be candidates to be trading partners. For further information, attached is fact sheet about the water quality trading program by the DNR. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Draft Agreement with Nasco and WQT Information ACTION REQUESTED OF COUNCIL: Review issue and agreement  What is Water Quality Trading (WQT)? WATER QUALITY TRADING IS... POLLUTANTS THAT  A compliance option that provides point sources with CAN BE TRADED: the flexibility to acquire pollutant reductions from other  Phosphorus sources in the watershed to offset their point source load to comply with a permit limit (WQBEL)  Total Suspended  A strategy built on partnerships between point source Solids (TSS) facilities and their trading affiliates including other  Temperature point sources, landowners, municipalities, private or public entities  Nitrogen  A compliance approach that must result in an overall  Other pollutants reduction in pollutant load excluding toxic WATER QUALITY TRADING IS NOT... bioaccumulative chemicals of concern  Adaptive management  The appropriate solution for all point source facilities Fe a s i b i l i t y i n y o u r w a t e r s h e d : ROLES OF ACRONYMS Although WQT may be an economically viable compliance op- PARTNERS IN WQT: AM: adaptive manage- tion in some watersheds, it may not be a feasible option for eve- ment There are several potential ryone. To determine the trading feasibility in your watershed, roles for WQT participants: BMPs: best management DNR recommends that you: practices  Credit User– The point 1. Calculate the pollutant offset needed: The difference be- source using trading DNR: Wisconsin Depart- ment of Natural Re- tween the pollutant load from the point source and the permit credits to comply with a sources discharge limit. permit limit NPS: nonpoint source 2. Identify a credit broker/exchange, if applicable: The goal of this step is to determine if a credit broker or exchange can  Credit Generator– A WPDES: Wisconsin Pollu- permitted discharge or tant Discharge Elimina- be used to establish the trade and identify credit generators in the watershed. A credit broker or exchange does not need other entity that reduces tion System to be used, but they can improve the administrative feasibil- their own pollutant load WQBEL: water quality so that "credit" is gener- based effluent limit ity of water quality trading. County Land Conservation De- partments or other entities may be willing to serve as a bro- ated. WQT: water quality trad- ker or exchange in your watershed.  Credit Broker/Exchange- ing 3. Identify potential credit generators: Any land use feature in A third party that brings your watershed that contributes the pollutant of concern may potential trading part- be a potential trading opportunity. This can include point ners together. A broker sources or nonpoint sources. This step helps to verify that performs the research trading partners are available in your watershed. necessary to match credit users and credit genera- 4. Assess availability of credit: This step verifies that there is tors based on location, sufficient credit in your watershed to cover the offset need- pollutant type, amount, ed. and timing. Once you have determined that WQT is a feasible compliance Urban BMPs can be option, and preferable to other options, the next step is to used to generate develop a WQT plan. credits for WQT.  Water Quality THE SEVEN ELEMENTS OF WATER QUALITY TRADING: Trading Plan ELEMENTS OF TRADING DESCRIPTION Seven trading elements must 1 Pollutant The regulated contaminant being traded (ex. Phosphorus). be adequately addressed in 2 Participants The persons or entities involved in the water quality trade order to develop a successful which can include the credit user, credit generator, credit water quality trading broker or exchange. strategy. The purpose of the water quality trading plan is 3 Credit The standardized unit of a given pollutant that is availa- to verify that the regulatory ble for trading. This amount is usually measured in pounds. requirements for WQT have been met, and submit the plan 4 Credit Threshold The amount of pollution reduction that needs to be achieved before credits are generated. to WDNR for review and approval. 5 Trade Ratio Trade ratios are used to ensure the amount of reduction Upon approval. WDNR will resulting from the trade has the same effect as the reduc- reissue the WPDES permit with tion that would be required without the trade. Potential trading requirements built in. components of a trade ratio include delivery, uncertainty, equivalency, and retirement. 6 Location The location of the credit user compared to the generator. The credit user and generator must discharge, either di- rectly or indirectly, to the same water body. 7 Timing Credits must be generated before they can be used to offset a permit limit. This means that trading practices must A grass waterways is an example of a n be established and effective before the limit takes effect. agricultural BMP that can be used to gener- ate credits for WQT. WHAT IS INCLUDED IN A WPDES PERMIT? Tr a d e R a t i o s Before a point source can use WQT to demonstrate compliance Trade ratios are used to account for uncertainties associat- with a permit limit, the permit must be modified or reissued to ed with WQT resulting from location, delivery, equivalency, allow for WQT. The following components of the WQT plan are reserve, and practice uncertainty. A trade ratio can also be included in the facility’s WPDES permit, and are enforceable. thought of as a multiplier. For example, a trade ratio of 2:1  Final permit limit (WQBEL) means two pounds of pollutant reduction is equivalent to one pound of pollutant reduction credit.  Summary of pollutant reduction credits  Language referring to the trade agreements submitted with Every trade will have a unique trade ratio given the site- the WQT plan specific concerns of the trade in question. There are sev-  Annual reporting requirements eral ways to reduce the trade ratio multiplier:  A requirement that the permittee notify the WDNR when be- coming aware that credits become unavailable or the s.  Avoid trading with credit generators downstream of the 283.84 trade agreement must be modified or concluded discharge point.  Other permit conditions  Use practices with a high margin of certainty, i.e., those If changes to the WQT plan occur during the term of the permit, practices with a high probability of success. the change may need to be public noticed or the permit may need to be modified to reflect the change.  Consider point to point source trades before trading with nonpoint sources. FOR MORE INFORMATION To calculate a trade ratio you need to know the practice  Visit the DNR website: http://dnr.wi.gov/, that will be used to generate the credits, and the location search “trading” where the credits will be generated. See available guid-  Review available guidance– ance for specific details about calculating trade ratios. Water Quality Trading How-To Manual and Guidance for Implementing Water Quality Trading in WPDES Permits Fact sheet for information only Prepared by:  Send questions to the email address: Wisconsin Department of Natural Resources dnrphosphorus@wisconsin.gov Box 7921 Madison, WI 53707-7921  View informational webinars  DRAFT – 7/12/18 (MBF) Water Quality Trading Agreement This Water Quality Trading Agreement (“Agreement” or “Contract”) is made by and between Nasco Education LLC (“Nasco” or “Buyer”) and the City of Columbus, Wisconsin, a municipal corporation (“Columbus” or “Seller”), collectively referred to herein as “the Parties.” In consideration of the following recitals and the obligations and agreements and payments set forth herein, the legal sufficiency of which the Parties hereby acknowledge, Buyer and Seller agree as follows. Recitals A. Water quality trading (WQT) is an alternative compliance option for Wisconsin Pollutant Discharge Elimination System (WPDES) permit holders and is authorized by § 283.84, Wis. Stats. B. The Wisconsin Department of Natural Resources (WDNR) has issued Water Quality Trading Guidance (Guidance). The most recent version was published in August 2013 and has been accepted by the U.S. EPA. C. This Agreement sets forth an arrangement to meet the terms and requirements of WQT set forth by § 283.84, Wis. Stats. so that Buyer can achieve compliance with its WPDES permit. D. Funds exchanged as part of this Agreement shall be used to purchase credits that will reduce pollutant loads identified in the Rock River Total Maximum Daily Load (TMDL). E. Before WDNR can modify or reissue WPDES permits that allow trading, Buyer must submit a trading plan (WQT Plan) and checklist (WQT Checklist). Buyer submitted its WQT Plan and WQT Checklist to WDNR on April 2, 2018. F. Buyer Nasco is a WPDES permit holder (Permit No. WI-005822, facility site Number 10141) that discharges to the City of Fort Atkinson storm sewer that in turn discharges to the Rock River. Nasco will purchase total phosphorus (TP) credits pursuant to this Agreement to fulfill its permit requirements. G. Seller Columbus is a WPDES permit holder (Permit No. WI-0021-008-09-0) in the Nolan Creek-Crawfish Watershed, upstream of the Nasco outfall, and Seller will generate and sell total phosphorus (TP) credits pursuant to this Agreement to Buyer. H. All water quality credits generated and purchased pursuant to this Agreement shall be used for compliance within the month and year that the credits are generated and are not available for use before they are actually generated. 1. Purchase and Sale of TP Credits 1  1.1 Subject to the conditions set forth in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller credits of 0.28 lbs/day Total Phosphorus (TP) so as to allow Buyer to apply 0.25 lbs/day TP to attain Buyer’s daily maximum TP permit limit. The total number of credits to be generated by Seller and purchased by Buyer annually pursuant to this Agreement is 102.2 lbs TP. The price per credit is $60 per lb of TP. Seller shall generate and otherwise make credits available for purchase pursuant to this Agreement no later than January 2021. 2. Payment Terms 2.1 Buyer shall deposit $1,533 on a quarterly basis directly into an account designed by Seller or Seller’s representative. Nasco will initiate payments to Columbus prior to December 31, 2020, with credits being available beginning in January 2021 (“the start date”). 2.2 If this Agreement fails to become effective within 60 days of the initial payment being deposited into Seller’s account, then Seller shall return the entire amount of the initial payment to Buyer within 90 days of the date the deposit was made. If this Agreement terminates regardless of reason and funds remain on account with Seller for which credits have not yet been generated, then such balance of funds on account shall be promptly returned to Buyer. Seller must notify Buyer within 10 days of becoming aware that pollutant reduction credits provided by Seller have become unavailable for whatever reason. 3. Verification of Credit 3.1 Seller shall verify credit generation through effluent monitoring reported to WDNR on monthly discharge monitoring reports (DMRs), with concentrations converted to a monthly mass, said mass to be compared to the monthly mass limit provided in Seller’s WPDES permit. Seller shall comply with the WQT Plan submitted by Buyer on April 2, 2018, subject to any conditions of approval by WDNR. 4. Contract Timing, Termination and Renewal 4.1 This Contract is effective upon execution by the Parties. 4.2 This Contract shall expire in January 2031, which is ten (10) years from its start date of January 2021, the date when Buyer begins to apply credits to meet its daily TMDL TP allocation , unless the term hereof is extend in writing by mutual agreement of Buyer and Seller. 4.3 This Contract may be modified only by a written document signed by Seller (or Seller’s Agent) and Buyer (or Buyer’s Agent). 2  4.4 This Contract may be terminated in writing, by mutual agreement of the Parties, at any time prior to the contract termination date in Sec. 4.2 hereof. 4.5 This Contract may be terminated by the Buyer five (5) years after its start date in January 2021 if Buyer no longer needs credits from Seller to comply with its WPDES permit, referenced above. 4.6 This Contract may be renewed upon mutual agreement by the parties provided neither party is in default under this Contract as of the termination date. 4.7 This Contract and the terms contained herein shall be binding on and enforceable against the Parties, their successors, and assigns for as long as the Contract remains in effect. 5. Seller Warranties Seller hereby represents and warrants to Buyer, and such warranties shall be applicable and in full force and effect throughout the entire Contract Term, that: 5.1 Seller has the authority to enter into this Contract and to carry out the transaction contemplated herein. 5.2 Seller has not entered into any contract or agreement that would impede TP credit generation as and to the extent required by this Contract. 5.3 Seller agrees to generate credits in exchange for payment as outlined in this Contract. 6. Default, Remedies and Dispute Resolution 6.1 In the event that Seller and Buyer are unable to reconcile a dispute arising out of or related to this Contract, the parties agree to first submit the claim to mediation. Parties shall mutually agree on a mediator. The mediation process will be held in Wisconsin. 6.2 All disputes arising out of or relating to the Contract not otherwise settled through mediation will then move to arbitration. 6.3 Seller and Buyer are responsible for their own attorney fees related to mediation or arbitration and will equally share the common costs and fees associated with the alternative dispute resolution process such as filing fees and arbitrator’s costs. 6.4 For any dispute arising out of or relating to this Contract, including but not limited to enforcement of any term or condition of the Contract, the prevailing Party in any action brought for the purpose of enforcing such provisions shall be entitled to recover attorney fees, reasonable expenses, and associated costs of such action from the non-prevailing party. 3  6.5 Failure of either Party to enforce any term or condition of this Contract shall not constitute a waiver of that term or condition or of any other term or condition of this Contract. 6.6 The Parties agree that a cause of action for breach of any provision of this Contract shall not accrue until the non-breaching Party actually discovers the breach. 6.7 The breaching Party agrees to indemnify, defend and hold the non-breaching Party harmless from and for any losses, damages, penalties or fines incurred as a result of the breaching Party’s breach of this Agreement. 7. Representations Buyer and Seller each make the following representations, as applicable: 7.1 Buyer and/or Seller can authorize an Agent to represent Buyer or Seller on their behalf. Such Agents must have notarized authorization to act on behalf of Buyer or Seller. 7.2 Buyer (or Buyer’s Agent) and Seller (and Seller’s Agent) each warrant that the person signing this Contract is individually authorized and competent to enter into contracts and to bind each respective Party to the terms hereof. 7.3 The Parties have read the Contract and agree to be bound by its terms. 7.4 If any Party knowingly makes a false or incorrect representation, then such false or incorrect representation shall constitute a material breach of this Contract and the non-breaching party may terminate the contract or seek equitable relief along with any other appropriate relief. 8. Miscellaneous 8.1 Governing Law. This Contract shall be governed under, and construed pursuant to, the laws of the State of Wisconsin and, as applicable, under the laws of the United States. Each of the Parties acknowledge that they have been given the opportunity to obtain counsel, or that they have been represented by counsel of their own choice and that they have read this Contract and have had it fully explained to them by such counsel, and that they are fully aware of the contents of this Contract and of its legal effect. 8.2 This Contract shall be terminated if the WDNR issues a letter disapproving the WQT Plan associated with this Contract. 8.3 Severability. If any of the provisions contained in the Contract are held illegal, invalid or unenforceable, such provision(s) shall be deemed severable, and the remaining provisions of this Contract shall continue in full force and effect. 4  8.4 This Contract constitutes the entire agreement between the Parties and supersedes all prior written or oral communications. 8.5 Except where specifically provided otherwise in this Contract whenever any notice, demand or request is required or provided for under this Contract, such notice, demand or request shall be made in writing by either email, postage prepaid, certified or registered mail. NASCO City of Columbus 901 Janesville Ave 105 N. Dickason Boulevard Fort Atkinson, WI Columbus, WI 53925 ATTN: DOO-Production Facility ATTN: City Administrator dtipton@enasco.com pvandersanden@columbuswi.us 920.568.5518 920.623.5900 8.6 This Contract may be executed in two or more counterparts, each of which is deemed original, but all constitute one and the same instrument. The Parties agree that a facsimile copy of a signature, including a PDF of such signature, will be deemed original and binding. 8.7 By executing this Contract, each Party grants the other permission to share the price of pollution credits sold and purchased pursuant to this Contract. Signatures Buyer Name (Printed): Seller Name (Printed): HUC12 code: 070900021001 HUC12 code: 070900011001 Watershed name: Fort Atkinson-Rock River Basin Watershed name: Nolan Creek-Crawfish River Watershed WPDES permit: WI-005822 WPDES permit: WI-0021-008-09-0 Buyer Signature: Seller’s Signatures: __________________________ _________________________ __________________________ 5 Date: Date: 069109-0047\23740583.1 6  2018 AGENDA ITEM Committee of the Whole Meeting date: ___August 6, 2018______ Council Meeting date: _____ TBD ______ ITEM: _ Update on Joint Municipal Court DETAILED DESCRIPTION OF SUBJECT MATTER: Staff will provide an update on the efforts to bring the joint municipal court location to Columbus. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: None. ACTION REQUESTED OF COUNCIL: Further discussion on Court Location  2018 AGENDA ITEM Committee of the Whole Meeting date: __August 6, 2018 ______ Council Meeting date: _____TBD ______ ITEM: _ Hwy 89 Update – Bike Lane Action Item DETAILED DESCRIPTION OF SUBJECT MATTER: On Tuesday, July 10th, I traveled to the Madison DOT office with Public Works Director Davis Clark and CWL Utility Manager Eric Anthon to meet with project managers of the State Hwy 89 project. Since it has been several months since the City has heard about this project, the WisDOT officials wanted to review new issues and changes to the project per state administrative and legislative decisions. Some of the bigger changes to the project include: - Bike Lanes: the DOT will no longer be pursuing nor funding the addition of bike lanes within the project. Due to a change in overall project focus by the agency, bike lanes are now not automatically included in State Hwy reconstruction projects. WisDOT told us that the City could still have the bike lanes included, but it would come at the City’s costs, which would include any cost of right-of-way acquisition needed for the lanes (estimated at an addition 1 ft of width along the corridor). The estimate provided to us for the cost of the bike lanes came to $116,665. At this time the cost of the real estate acquisition is unknown. - CSS Funds: The CSS program for State Hwy reconstruction projects has been discontinued. Originally, the CSS funds slated for Hwy 89 was $47,100 as a grant from the State, with $500 provided by the City. What we did not discuss in the meeting was the fact that we have one State Municipal Agreement (SMA) with the DOT laying out these funds. I don’t know that this means we are grandfathered in, but I hope to get that question answered for us. Some will recall that among the items we selected for CSS for 89 was black-painted streetlight poles, wayfinding signage, and a planting/oasis/welcome sign area at the corner of Waterloo St and Farnham. Timing: At this time, WisDOT staff is saying that the project construction is scheduled for 2021, but is an advanceable project that could start one year early if all process is followed. They are working on scheduling a local officials meeting and the next Public Information meeting in late August/early September. What is requested at this point is thoughts and discussion particularly on the bike lanes question. One additional thing to point out is that recent state legislative action also removes the ability for a public entity to condemn lands required for a bike lane. This means that if adequate right-of-way is purchased for most of a bike lane, it will not be complete if one or more current property owners refuse to sell to make it connect. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: None. ACTION REQUESTED OF COUNCIL: Review update and consider bike lane issue on Hwy 89  2018 AGENDA ITEM Committee of the Whole Meeting date: __August 6, 2018 ______ Council Meeting date: _____TBD ______ ITEM: _ Parking on River Road DETAILED DESCRIPTION OF SUBJECT MATTER: A citizen who lives on River Road has come forward asking if the City should look at restricting parking along the city side of the street, which would be the west side. The east side of River Road is in the Town of Elba. I have been discussing the situation with Public Works Director Davis Clark and City Engineer Jason Lietha. The roadway is 30 feet wide, but narrows as it connects to James Street. By comparison, the City has other streets that are narrower but maintain permitted parking on both sides of the street. Waterloo Street, another roadway that has created through-way issues during busy periods of time, is 28 feet wide. Aside from just the roadway width, if you take into consideration the volume of the road, River Road is used by residents, those accessing the Landscape Recycling Center and farm implements from time to time. One suggestion that Jason made was whether some further restriction near the James Street intersection could be helpful as turning movements and visibility concerns generally come into play there. Below are Jason’s comments responding to my email about the parking question, which includes information on other City streets by comparison: You are correct about the east side of River Road. Note for the first approximate 400 feet south of James Street; River Road is entirely in the City jurisdiction. As for traffic the only information I have is from WISLR that states the urban section see 730 ADT and the rural section much less actually leaving town. I am not sure of the exact location on River Road causing the concern? As for the urban section the WISR and GIS both confirm it is 30 feet of pavement width. I know it is narrower right at the intersection of James Street. 30 feet doesn’t give the idea parking requirements and does not meet the City standard of 36 feet. However in comparison West School Street, North Lewis Street, South Birdsey Street are all 24 foot wide. All these streets have parking on both sides (except for N. Lewis which was recently addressed). Waterloo Street for comparison is 28 feet. My initial reaction without any additional information is River Road is wider than many of the City streets that have parking on both sides. I would question if this is one specific issue or part of a more widespread issue. There may be a specific issue we are not aware of, however I think no parking closer to the James Street intersection may make sense if this is the location of concern. Turning movements and or visibility may be an issue. If the issue is somewhere else, we should have additional information to understand. Davis has provided a few photos from various parts of the day to give you a sense of the conditions of the parking throughout the week. From personal experience I have seen more parked cars on the weekends when heading to the Landscape Recycling Center and often meet vehicles with yard waste/trailers, etc. This week I drove out there in an afternoon to check out the situation and saw only 1 vehicle parked in the street at 4:10 in the afternoon. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Photos of the River Road parking situation ACTION REQUESTED OF COUNCIL: Discuss and review.  2018 AGENDA ITEM Committee of the Whole Meeting date: __ August 6, 2018 ______ Council Meeting date: _____ TBD______ ITEM: _ Crosswalks on Avalon Road and Dix Street DETAILED DESCRIPTION OF SUBJECT MATTER: Acting Police Chief Dennis Weiner and I were recently asked to meet with Columbus School District Superintendent Annette Deuman and School District Director of Business Services Janel DeZarn regarding transportation issues, busing and safety. Included at this meeting was Paul Mennen, and his assistant from Lamers Busing. The School District is working through plans for transportation safety per the requirements of the Wisconsin Department of Public Instruction. Part of that process involved working with Sgt. Todd Horn of the Columbia County Sheriff’s Department on a transportation plan, including the identification of areas of hazard for students who walk to school. We reviewed the Avalon Road and Dix Street corridors. It was noted that Avalon Road is a well-traveled road in the City, particularly during the school year at drop off and pick up hours. Considering the number of students who walk/bike to school in the neighborhoods in that area, it was recommended by Sgt. Horn to look at the placement of crosswalks across Avalon at the Ridgeview Lane intersection (to Avalon Park) and at the intersection of Summit Court. The attached aerial photo shows these areas. There was also a suggestion that a crosswalk be placed along Dix Street for students living west of Dix Street. At this time we don’t have any recommendations on where to place a crosswalk but in the instance of both Avalon Road and Dix Street, a little more review may be necessary. This is brought forward as an initial discussion item. Since the meeting at the School office took place this past week, I have yet to speak in depth with Davis Clark or Jason Lietha on the proposals for the crosswalks, but hope to before the meeting on Monday. It may be fairly simple to determine the need for them, but if that is the case it will involve concrete work to install accessibility ramps in both locations on Avalon Road, and potentially on Dix Street as well. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Aerial Maps ACTION REQUESTED OF COUNCIL: Discuss crosswalks at Avalon Road and Dix Street