Committee of the Whole Meeting Packets

COLUMBUS COMMON COUNCIL – COMMITTEE OF THE WHOLE TUESDAY, SEPTEMBER 3, 2019 – FOLLOWING REGULAR MEETING COLUMBUS CITY HALL 1. Roll Call 2. Notice of Open Meeting 3. Approve Agenda 4. Citizen Comments a. Members, Columbus School Board – Community Facilities Advisory Committee Recommendations 5. Department Reports a. 6. Committee Minutes a. HLPC – 08/21/19, 8/26/19 b. PFC – 06/25/19 c. Plan Commission – 6/20/19, 8/15/19 d. Tourism Comm – 7/1/19 e. CDA – 7/15/19 7. Review and Consider Resolution #13-19: Exemption from Columbia County Library Tax 2020 8. Review and Consider Resolution #14-19: Request for Exemption from Dodge County Library Tax per Wisconsin Statutes 43.64(2)(b) 9. Further discussion of an ordinance change relative to procedure for Local Historic Landmark designations in the City of Columbus 10. Review and consider Farm Lease revision with Sennview Farms for land near WWTP Adjourn  2019 AGENDA ITEM Committee of the Whole Meeting date: September 3, 2019 Council Meeting date: TBD ITEM: Columbus School Board – School Facilities Update DETAILED DESCRIPTION OF SUBJECT MATTER: The President of the Columbus School Board, Cindy Damm has asked for some time on the Committee of the Whole to allow for a brief presentation regarding the process that the School District has been undertaking to review their facilities and what needs to happen in the future. A group of citizens was formed to create the Community Facilities Advisory Committee to work with an architect to review school buildings and formulate recommendations for future school spaces. Cindy and some of her colleagues on the School Board which to forward this information to you on Tuesday. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: None. ACTION REQUESTED OF COUNCIL: None.  Columbus Historic Landmarks and Preservation Commission Pavilion Projects Meeting Agenda Wednesday August 21, 2019 @ 5:00 pm Fireman’s Park Pavilion Attendees: John Salzwedel, Beth Altschwager, Carolyn Fredericks, Eric Lucasavitz, Retta Kurth, Jan Ulrich, Ruth Hermanson 1. Call meeting to order: John Salzwedel 2. Properly posted meeting: Check 3. Approve agenda: Motion: Lukasavitz; Second: Altschwager; Motion carried. 4. Citizen comments on agenda items: None 5. Approve minutes from the July 18, 2019 Pavilion Planning meeting: Motion: Altschwager; Second, Lukasavitz; Motion carried. 6. Windows – SHPO form to the State Historical Society for approval, information gathered to get ready for Council and Angie Sheskey, and Pavilion rental schedule for timeframe: Salzwedel will provide a packet of required information for SHPO, Shesky and Council. Update scheduled for next meeting. . 7. Exterior painting: Following discussion, Kurth made a motion to accept the bid from Roberts Painting ($49,750) to include window adjustment contingency. Lukasavitz seconded it. Motion carried. Lukasavitz will provide a packet of required information for Shesky and Council. Update scheduled for next meeting. 8. First floor entryway design: Paul Pyfferoen is preparing an architectural design for consideration. 9. Vote on down payment money of $1,800 for Resthaven frieze board painting to contractor, Rob McNicol, PBR Painting: Hermanson made a motion to cut a check out of the CHLPC account. Altschwager seconded it. Motion carried. 10. Next meeting date: Set for September 18, 5 pm at the Pavilion. 12. Adjourn: Motion: Altschwager; Second: Kurth; Motion carried. Meeting adjourned at 5:50.  Columbus Historic Landmarks & Preservation Commission Special Meeting Agenda Monday, August 26, 2019 @ 5:00 p.m. Fireman’s Park Pavilion 1. Call meting to order: Carolyn Fredericks 2. Properly posted meeting: Check 3. Approve agenda: Motion: Altschwager; Second: Salzwedel; Motion approved. 4. Citizen comments on agenda items: None. 5. Contractor down payment: A) Rescind vote from August 21, 2019 meeting on down payment to contractor from Resthaven account: Salzwedel made a motion as stated, Lukasavitz seconded it. Motion carried. B) Vote on down payment to contractor from the New Projects account as discussed at the August 14, 2019 meeting: Altschwager made a motion as stated, Ulrich seconded it. Motion carried. 6. Adjourn: Motion: Altschwager; Second: Salzwedel; Motion carried.  MINUTES of COLUMBUS POLICE AND FIRE COMMISSION June 25, 2019 Columbus Water and Light Conference Room 950 Maple Ave, Columbus, WI 53925 1) Meeting called to order at 5:30 p.m. by PFC Chair Olson. 2) Roll Call: PFC Members present: L. Olson, R. Rule, Z. Kianovsky, L. O’Donnell. PFC Members absent: None. Others present: Attorneys Steve Zach and Catherine Weise 3) Notice of compliance with Open Meeting law—Notice of Meeting and Posted Agenda by Olson. 4) Motion by Kianovsky to approve agenda. Seconded by Rule. Motion carried unanimously. 5) Motion to approve minutes of meeting of 6/10/2019 by O’Donnell, seconded by Rule. Motion carried unanimously. 6) Citizen Comments: None. 7) New Business. A. Motion by Rule to go into closed session pursuant to Wisconsin Statute 19.85(1) (b), (c), and (g) to consider the investigation of charges, to consider employment and perform evaluation data, and to confer with legal counsel who is rendering legal advice, all with respect to charges filed against an employee of which the Commission has jurisdiction. Seconded by O’Donnell. Roll call vote: Ayes: Olson, Kianovsky, Rule, O’Donnell. Nays: None. Motion carried unanimously. The PFC then convened in closed session at 5:43 p.m. Motion (made in closed session on advice of counsel,) by Kianovsky to direct legal counsel to communicate with complainants in writing to indicate that PFC has reviewed the Complaint of Charges submitted, and has identified certain procedural deficiencies in the Complaint of Charges, specifically: 1) charges are made against the Columbus Police Department as an entity, over which charges the PFC does not have jurisdiction; 2) the Charges fail to identify the rule or provision of law alleged to have been violated by the named officers as required by Section 11.03 of the Columbus PFC Rules and Regulations; 3) the Charges are against multiple individual officers in the same Complaint, contrary to Section 11.11 of the PFC Rules and Regulations, which requires a separate Complaint as to each officer involved in the alleged misconduct resulting from the same event; and advising the complainants that they may file new complaint(s) Columbus PFC Minutes, June 25, 2019 Page 1 of 2  MINUTES of COLUMBUS POLICE AND FIRE COMMISSION June 25, 2019 Columbus Water and Light Conference Room 950 Maple Ave, Columbus, WI 53925 rectifying these defects by delivering the same to Attorney Zach by not later than July 15, 2019 or the PFC will dismiss the complaint. Motion was seconded by O’Donnell. Motion carried unanimously. Motion by Kianovsky to go into open session. Seconded by Rule. Motion carried unanimously. PFC went into open session at 6:08 pm. 8) Motion to adjourn by Rule. Seconded by O’Donnell. Motion carried unanimously. PFC meeting adjourned at 6:09 p.m. Next regular meeting tentatively scheduled for August 12, 2019 at the Fire Station. Special Meetings may be called in the interim as needed. Minutes submitted by Zev Kianovsky, Secretary, Columbus Police and Fire Commission City of Columbus, Wisconsin Minutes are drafted for approval. Minutes approved by PFC on 8/14/2019. Columbus PFC Minutes, June 25, 2019 Page 2 of 2  CITY OF COLUMBUS PLAN COMMISSION – REGULAR MEETING THURSDAY, JUNE 20, 2019 – 6:30 P.M. COLUMBUS CITY HALL - 105 N DICKASON BLVD MINUTES 1. Call Meeting to Order – Meeting was called order at 2. Roll Call - Lewis, Basten, Parpart, Traxler and Zapotocny were present. Johnson and Monday were excused. Matt Schreiber staffed the meeting. 3. Notice of open meeting – Meeting was noticed in accordance with state and local laws. 4. Election of Plan Commission Chair- This item was tabled until the next meeting to discuss with the entire commission. 5. Approve Agenda – Motion by Zapotocny, second by Basten to approve the agenda as presented. Motion passed 5-0. 6. Approve Minutes from 5-16-2019 Plan Commission Meeting- Motion by Parpart, second by Basten to approve the 5-16-19 plan commission minutes as presented. 7. Citizens Comments – No Comments were received 8. Unfinished Business – None 9. New Business a) Consider recommendation to the Common Council regarding the Certified Survey Map for Country Aire Condominiums at 327, 329, 349, 351, 377, 379 Chapin Street and at 328, 330, 346, 348, 390, 392 Sturges Street. Staff reviewed this project stating that the CSM is needed to complete the land division for the County Aire Condos. This project received a Conditional Use Permit at the May meeting for a zero lot line setback. The CSM will allow the property owners to divide their lots and officially dissolve the Condominium. Motion by Zapotocny, second by Parpart to recommend approval of the CSM application from County Aire Condominiums as presented. Motion passed 5-0 b) Review and Discuss draft Chapter(s) of the Columbus Comprehensive Plan This item was tabled until the next meeting. 10. Adjourn - Motion by Zapotocny, second by Basten to adjourn the meeting at 6:37 Respectfully Submitted, Matthew Schreiber, Director of Planning and Development  CITY OF COLUMBUS PLAN COMMISSION – REGULAR MEETING THURSDAY, AUGUST 15, 2019 – 6:30 P.M. COLUMBUS CITY HALL - 105 N DICKASON BLVD MINUTES 1. Call Meeting to Order – Meeting was called to order at 6:32 PM 2. Roll Call – Johnson, Lewis, Monday, Parpart and Traxler were present. Basten and Zapotocny were excused. Schreiber staffed the meeting. 3. Notice of open meeting – The meeting was noticed in accordance with state and local laws. 4. Approve Agenda – Motion by Parpart, second by Johnson to approve the agenda as presented. Motion passed 5-0. 5. Approve Minutes from 6-20-2019 Plan Commission Meeting – Motion by Traxler, second by Lewis to approve the 6-20-2019 minutes as presented. Motion passed 5-0. 6. Citizens Comments- No Comments were received. 7. Unfinished Business - None 8. New Business a) Consider recommendation to the Common Council regarding the proposed Certified Survey Map for Olena Investments LLC for parcel number 11211-1508.03 and 11211- 1508.09 Staff reviewed the proposal stating the CSM would be creating a lot adjacent to the Hospital. Monday asked if a rezoning would be needed to combine lot 1 of the proposed CSM with the Hospital property. Staff responded that that rezoning would be needed before they could complete the CSM to combine the lots. Staff noted that the CSM that is proposed would be the first step in that process. Staff reviewed the 8-13-2019 letter from City Engineer Jason Lietha and stated plan commission should recommend conditional approval of the CSM. The applicant should be required to revise the CSM based on the comments in the letter and to include a note that states shoreland zoning is in effect and there is a 75-foot setback from the ordinary high water mark of the second ward creek. Motion by Traxler, second by Johnson to recommend a council approve of the proposed CSM provided that the applicant revise the CSM to address items 1 through 8 in the city engineers August 13, 2019 letter and they add a note to the CSM stating that Shoreland Zoning is in effect and there is a 75-foot setback from the Ordinary High Water Mark. Motion passed 5-0. b) Review of Historic Landmarks and Preservation Commission Notice Staff reviewed a letter from the Columbus HLPC to notify the Plan Commission of a September 9, 2019 public hearing for proposed local designations. Per city ordinances the plan commission was notified of the 30-day comment period before the September 9th meeting. The HLPC is nominating the Old Brick Watertower at 704 Chapel Street and the Dering House at 251 W James Street as local landmarks. After some discussion the general consensus was that the Plan Commission should  comment. The plan commission recognized the historic nature of the properties but opposed the local landmark designation at this time. The Plan Commission asked that staff prepare a letter to the HLPC including the comment seen below on the proposal before the September 9. “The Plan commission recognizes the historical significance of the Old Brick Watertower and The Dering House, but would not support a historical designation at this time. We feel it is more appropriate to consider a historical designation when there is a plan in place for each property. The historic designation could then be considered in the context of whether such a designation is compatible with future plans.” c) Review and Discuss Draft Chapter(s) of the Columbus Comprehensive Plan Staff reviewed the initial draft for the Utilities and Community Facilities chapter. The Plan Commission suggested numerous edits that staff will make to prepare a final draft for this chapter. 9. Adjourn – Motion by Parpart, second by Johnson to adjourn the meeting adjourned 8:00 PM  CITY OF COLUMBUS TOURISM COMMISSION DATE: July 1, 2019 TIME: 6:30 p.m. LOCATION: COUNCIL CHAMBERS COLUMBUS CITY HALL, 105 N. DICKASON BLVD. MINUTES 1.) CALL TO ORDER – Meeting was called to order at 6:32 PM. 2.) ROLL CALL – DETERMINATION OF A QUORUM – Milburn, Johnson, Walcott, Thom, and McCabe were present. Schreiber staffed the meeting. 3.) NOTICE OF PUBLIC MEETING – The meeting was noticed in accordance with state and local laws. 4.) ELECTION OF CHAIRPERSON FOR TOURISM COMMISSION – Milburn nominated Johnson for chairperson of the Tourism Commission. Johnson accepted the nomination. 5.) APPROVE AGENDA – Motion by Milburn and a second by Walcott to approve the agenda as presented. 6.) APPROVE MINUTES - Motion by Milburn and second by Johnson to approve the May 22, 2019 minutes as presented. 7.) CITIZEN COMMENTS – Non Comments were received 8.) TOURISM COMMISSION FINANCIAL REPORT – Commission members asked why this report differed from the last month’s financial report. The most notable difference was for the Special events line item in the 2019 Budget that showed a total of $2,221 in May and was shown as $5,000 for the July meeting. Also the cash on hand for the year end of 2018 was different for the 2 reports. Staff indicated they would follow up with the finance department with these questions. 9.) OLD BUSINESS: a. Update regarding the Discover Wisconsin Columbus Segment – Staff provided an update on the project, stating that Discover Wisconsin is starting to film items identified by the production outline. b. Discuss and take potential action on the application for Red Bud Days event – Milburn recused himself. Staff reviewed the request and invited the applicant to review their report. JD Milburn reviewed the report and represented the Columbus Chamber of Commerce who sponsored the redbud day’s event. The report included analytics from marketing the event, Milburn noted that the request for $700 was to help market the event. Milburn shared that this event helped generate visitor stays within Columbus. Motion by McCabe and a second by Johnson to reimburse the Columbus Chamber of Commerce $700 for the Redbud Days Event once all required receipts have been provided by the applicant.  c. Update on Wayfinding Signage for the City of Columbus – Staff reviewed the status of the Wayfinding project. The update included: Potential Sign Locations and Content, preliminary budget, and proposed format for signage. The commission preferred using distance to destinations instead of arrows. Milburn suggested adding Udey dam to the destinations. Staff said he would incorporate the feedback and bring this back to the next meeting. d. Update on Wayfinding Kiosk at Davies Park – Currently staff is exploring using the shelter at Davies Park as the informational Kiosk. The Tourism Commission recommended that staff consider how often the shelter is reserved. Staff said that information will be provided at the next meeting. e. Update on Amtrak’s Great American Station Website – Since the May meeting Staff reached out to Amtrak to update the links to various community organizations. Mayor Thom and city staff will follow up with Amtrak regarding the Columbus webpage. 10.) NEW BUSINESS: a. Discuss and take potential action on commitment to fund Holiday Decorations in Columbus. – Milburn recused himself from this item. Staff provided a brief overview of the project and invited Beth Reanee and Paula Steiner to discuss the Columbus Holiday Decoration project. The project is in the fundraising stage and to date they have received over $5,000 in donations towards this project. The project will provide lighted decorations for the street poles, purchased decorations for the city Christmas tree and provide the electrical outlets in Dickason Blvd to light the trees. The request to the Tourism Commission was for $10,000. The Tourism Commission requested that an application be submitted for this project. McCabe asked what the timeline was for the project and the goal was to order decorations by early August. Walcott asked what firms had been contacted for this project and recommended Gills Manufacturing in Pierceton Indiana as a potential vendor. Renanee said they have already worked with Downtown Decorations Inc for the project. Motion by Thom, Second by McCabe, to contribute an initial $2,500 towards Holiday Light Pole decorations upon receipt of an Application and then contribute a final $2,500 towards Holiday Light Pole decorations when their fundraising balance hits $22,500 in 2019. Motion passed 4-0. b. Discussion on Tourism Commission involvement on the 2019 Holiday Train- Staff indicated that it was time to start thinking about how to support the Holiday train. This item will remain on the agenda for the upcoming months. 11.) ADJOURN – Motion by Johnson and a second by Walcott to adjourn the meeting at 9:02 PM. Respectfully submitted by, Matt Schreiber  MINUTES City of Columbus Community Development Authority July 15, 2019 Columbus City Hall 1. Call to Order – Meeting was called to order at 6:32 PM 2. Determination of Quorum – Thom, Meyers, Nichols, Davis, Lyons, and Reid were present. Collier was excused. Schreiber Staffed the meeting. 3. Notice of Posted Meeting – The meeting was noticed in accordance with state and 4. Approve Agenda – Motion by Meyers, second by Lyons to approve the agenda as presented. Motion passed 6-0. 5. Approve Minutes from 6-17-2019 Meeting - Motion by Meyers and a second by Davis to approve the 6- 17-2019 minutes as presented. Motion passed 6-0 6. Citizen Comments – None 7. Unfinished Business a. Discussion of potential project(s) for the CDA – Staff updated the CDA on previous discussions regarding 103 N Ludington Avenue. Staff recommended that we have a structural engineer review the property before it could move forward with any action. After some discussion the CDA instructed staff to contact qualified structural engineering firms to get an estimate of the cost to complete an inspection and provide a report. The report should identify if the structure is safe and if needed provide estimated demolition costs. Motion by Thom, second by Nichols to continue the discussion at the next meeting. 8. New Business a. Review of Columbus CDA Bylaws – Staff reviewed the current bylaws for the CDA which was last updated in 2009. The CDA recommended that staff review the bylaws and work on updating the bylaws for future meetings. b. Review of Financing Tools available to the CDA – Staff provided an overview of presentations that were provided by Ehlers that covers the CDA Financing Tools. 9. Adjournment – Motion by Thom and second by Lyons to adjourn the meeting at 8:30 Respectfully Submitted, Matthew Schreiber, Director of Planning and Development  2018 AGENDA ITEM Committee of the Whole Meeting date: September 4, 2018 Council Meeting date: September 18, 2018 ITEM: County Library Tax Exemption – Columbia & Dodge Counties DETAILED DESCRIPTION OF SUBJECT MATTER: Each year, the City needs to request, via resolution an exemption from County Library Tax. Since the Columbus Public Library’s service area lies within both Columbia & Dodge Counties, a resolution for each county is necessary. Attached is further information on this process and the amount that the City needs to appropriate to the library above the calculated amount defined by the County. Since the Dodge County amount is $0 for the City of Columbus and the Columbia County amount is $84,294 – we will qualify for 2019. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Resolutions and information provided by Columbia & Dodge Counties on the library exemption process. ACTION REQUESTED OF COUNCIL: Consider both resolutions  RESOLUTION NO. 13-19 Exemption from Columbia County Library Tax - 2020 WHEREAS, the Columbia County Board levies a county library tax; WHEREAS, Section 43.64(2)(b) of the Wisconsin Statutes provides such units of government which levy a tax for public library service and appropriate and expend for a library fund as defined by s.43.52 (1) during the year for which the county tax levy is made a sum at least equal to the county library tax rate in the prior year multiplied by the equalized valuation of property in the city or village for the current year, may apply for exemption from this tax; and WHEREAS, the City of Columbus does levy a library tax in excess of the amount calculated in accordance with 43.64(2)(b), NOW THEREFORE BE IT RESOLVED, that the City of Columbus be exempted from the payment of any county library tax as provided in Section 43.64(2)(b) inasmuch as it will expend for its own library fund for 2020 an amount in excess of that calculated in accordance with 43.64(2)(b). Exemption from the payment of said county library tax shall not preclude the City of Columbus participation in county library service in all other respects; and BE IT FURTHER RESOLVED, that confirmed copies of the Resolution be forwarded by the City Clerk to the Portage Public Library and to the Columbia County Clerk no later than September 30, 2019. Dated this ________ day of _________________, 2019 CITY OF COLUMBUS By: ___________________________ Michael Thom, Mayor Ayes: ________ Nays: ________ Attest: ________________________ Patricia Goebel, City Clerk  South Central Library System 4610 S. Biltmore Lane • Madison, WI 53718 608/246-7973 • FAX 608/246-7958 • mibach@scls.info DATE: August 15, 2019 TO: Columbia County Municipalities with Libraries FROM: Mark E. Ibach, Consulting Services Coordinator South Central Library System RE: Exemption from Columbia County Library Tax As you know, under Wisconsin Statute 43.64(2), municipalities with public libraries can be exempt from the county library tax if they locally appropriate an amount above the defined minimum. In order to determine if a municipality can request an exemption from the county library tax for 2020 (the tax the county board will set in the fall of 2019 and expend in 2020), the South Central Library System (SCLS) follows the directions provided by the Wisconsin Department of Public Instruction in calculating these exemption amounts. We then share the calculations in spreadsheet form with the various municipalities in Columbia County – along with a sample resolution that the municipality can adapt. As the statute states, a municipality must apply for this exemption annually. In order to assist you in this process, enclosed are:  directions on calculating the exemption amount provided by the Wisconsin Department of Public Instruction’s (DPI) Public Library Development team  the 2020 Columbia County Library Tax Exemption spreadsheet that contains the necessary calculations  a sample resolution form that you can adapt for your municipality Within Columbia County, the City of Wisconsin Dells maintains a joint library with the Village of Lake Delton (this is the only joint library within Columbia County). As you can see from the DPI’s instructions, as a result of Act 20, municipalities that participate in joint libraries can opt to appropriate library funds equal to the average of the last three years. A letter of intent or a certified copy of your municipal board’s action in the form of a resolution to be exempt from the county library tax must be received by the Columbia County Clerk’s office no later than the end of business day on September 30, 2019. Please send the original resolution directly to Columbia County Clerk Susan M. Moll, 112 E. Edgewater St., Portage, WI 53901. Send an additional copy of the resolution to Emily Goad, Portage Public Library, 253 W. Edgewater St., Portage, WI 53901. Please note that it is not necessary for your municipality to have passed its 2020 budget or to know the exact amount that will be appropriated for the library in order to complete this resolution. You must only certify that the municipality will appropriate more than the minimum required in order to exempt. Please contact me should you have any questions. My office phone is: (608) 246-5612 and my e-mail address is: mibach@scls.info. Thanks so much for your assistance. Serving libraries in Adams, Columbia, Dane, Green, Portage, Sauk & Wood counties.  Columbia County Library Tax Exemption Calculations for 2020 Municipalities that 2018 Equalized 2019 Equalized 2020 Needed 2019 Requested pay county library Value Reduced Municipalities Value Reduced Appropriation Appropriation tax by TID with libraries by TID from Municipality from Municipality Arlington (town) $98,848,100 Cambria $47,209,400 $10,097 $60,989 Caledonia $234,986,100 Columbus $422,987,300 * $90,471 $280,346 Columbus (town) $92,559,900 Lodi $278,714,500 $59,613 $128,750 Courtland $55,316,800 Pardeeville $146,370,800 $31,307 $62,000 Dekorra $407,800,900 Portage $669,852,600 $143,272 $492,236 Fort Winnebago $79,662,200 Poynette $186,991,100 $39,995 $131,524 Fountain Prairie $91,787,800 Randolph $82,413,000 * $17,627 $117,641 Hampden $72,615,300 Rio $60,368,100 $12,912 $97,233 Leeds $85,987,000 Wisconsin Dells**$357,398,400 * $76,443 $189,482 Lewiston $127,085,700 Wyocena $42,937,300 $9,184 $31,220 Lodi (town) $503,107,000 Lowville $99,420,700 *Columbus and Randolph have residents in both Columbia and Dodge counties. Marcellon $91,711,000 Wisconsin Dells is a joint library and has residents in Columbia, Sauk, Juneau, and Newport $67,295,500 Adams counties. The equalized values from the appropriate counties have been added Otsego $73,256,200 to result in these figures above. See below for the Columbia County portions only: Pacific $271,497,300 Randolph (town) $91,460,500 Municipality Columbia County Scott $63,471,100 Columbus $422,987,300 *** $90,471 Springvale $62,523,200 Wisconsin Dells $245,747,200 $52,562 West Point $374,642,000 Randolph $25,532,800 $5,461 Wyocena (town) $191,305,700 Arlington (village) $70,763,800 ***2019 Dodge County equalized value for Columbus = 0 Doylestown (village) $15,244,800 Fall River (village) $145,090,700 The tax levy rate is determined by dividing the 2019 Columbia County library budget by Friesland (village) $15,621,500 the 2018 equalized value of those municipalities that pay the county library tax. The 2019 equalized value of those municipalities with libraries is then multiplied by that tax levy rate to determine the municipal appropriation needed in order to exempt from the TOTAL: 3,483,060,800 county library tax in 2020. The 2019 municipal library appropriations (taken from information provided on the library's 2018 Annual Report ) are provided as an indication 2019 Columbia County of the municipality's current level of support. Library Budget Total $744,980 Tax Levy Rate 0.000213887 Wisconsin Statutes s43.64 (2)(b) **Wisconsin Dells and Lake Delton are a joint library. Due to Act 20, the municipalities that 08/02/19 - Mark Ibach, South Central Library fund joint libraries have a second method they can use to determine the necessary level at System which they need to fund the library in order to exempt from county library tax. Per 43.64(2)(c)(2), a municipality in a joint library may appropriate an amount that is not less Wis. Dells (Adams) $26,394,800 than the average of the last three years. Wis. Dells (Juneau) $544,600 Wis. Dells (Sauk) $84,711,800 Randolph (Dodge) $56,880,200 Columbus (Dodge) $0  RESOLUTION NO. ____14-19______ REQUEST FOR EXEMPTION FROM DODGE COUNTY LIBRARY TAX per WI STATUTES 43.64(2)(b) The Dodge County Board levies a county library tax and Section 43.64(2)(b) of the Wisconsin Statutes provides that such units of government which expend an amount equal to that which would be levied by the County Board for library purposes may apply for exemption for this tax. The City of Columbus hereby requests exemption from the above cited tax levy for the year 2020. This municipality supports a public library at a rate equal to or greater than the Dodge County levy for Library Services. _____________________________________________ Mayor _____________________________________________ Clerk Date: ___________________ Estimated Municipal 2020 Library Appropriation $_______________________ Please submit to the County Clerk prior to November 1, 2019. Karen J. Gibson Dodge County Clerk 127 E. Oak Street Juneau WI 53039 920-386-3605 kgibson@co.dodge.wi.us  2019 AGENDA ITEM Committee of the Whole Meeting date: August 20, 2019 Council Meeting date: TBD ITEM: HLPC – Local Landmark Designations and Ordinance Change DETAILED DESCRIPTION OF SUBJECT MATTER: At the last Committee of the Whole, the discussion related to the issue of the Columbus Historic Landmarks Preservation Commission (CHLPC) there was interest in reviewing current ordinance and the process to designate properties as local landmarks. Direction was given to further discuss changing the ordinance to specify the City Council’s role in the designation process. In speaking with Atty. Johnson following the last COW, he felt it would be beneficial to lead a discussion to clarify what exactly the Council might like to see in such an ordinance. He said that a proposed change to the zoning ordinance (Sec. 114) would require a review by the Plan Commission and a public hearing. There was also direction to further discuss whether the City has a position on the properties that CHLPC has slated for designation: the Library Annex property and the Old Watertower. The notification that the City (as well as other City Departments) received is attached. Update: per the discussion at the August 20th COW, direction was given to return the broader issue to the COW for discussion on possible changes to City Ordinance. There was a request to include the current City Ordinance on Historic Preservation and the applicable State Statutes. They are attached to the packet for review. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: CHLPC Notice on Local Landmark Designations ACTION REQUESTED OF COUNCIL: Review and discuss.  CITY ORDINANCES - HLPC Sec. 114-174. - Historic Landmark and Preservation Commission composition. (1) An historic landmarks and preservation commission is created, consisting of seven members. Each member shall have to the highest extent practicable a known interest in historic preservation. The mayor shall appoint the commissioners, subject to confirmation by the common council. Each member shall serve staggered terms of three years. The terms of appointees shall commence on May 10 of the year of appointment. (2) The commission shall annually designate a chairman, vice-chairman and secretary/treasurer from among its members who shall perform those duties as are common to their offices and shall adopt regular meeting dates and reasonable rules of procedure. (3) The preservation commission may adopt specific operating guidelines for designation of historic sites, structures, districts and neighborhoods provided they are in conformity with criteria and standards established by this division. (4) The historic landmark and preservation commission is herein referred to as the "preservation commission" (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-175. - Powers and duties of the preservation commission. The preservation commission shall have the following duties as further detailed elsewhere in this division as noted: (1) Designation of historic structures, sites, districts and neighborhoods. (See sections 114-176 and 114-177). (2) Regulation of construction, reconstruction and exterior alteration involving designated properties. (See sections 114-178 and 114-179). (3) Regulation of demolition involving designated properties. (See section 114-182). (4) Rescinding of historic structure, site, district or neighborhood designation. (See section 114- 182). (5) Recommendation on proposed alterations to the interiors of designated municipal buildings. The preservation commission shall consider and make recommendation to the common council regarding proposed alteration to the interior of any designated municipal building. (6) Recognition of designated sites. The preservation commission may cause to have prepared and erected, a suitable plaque upon designated properties at public expense. Such plaque shall be easily visible to passing pedestrians. The plaque shall contain such information as the preservation commission deems proper, such as the name of the building or site, important dates and pertinent facts. (7) In addition, the preservation commission shall also: (a) Actively work for the passage of enabling legislation that would permit the granting of full or partial tax exemptions to properties it has designated under the provisions of this division in order to encourage owners of historic properties to assist in carrying out the intent of this division. (b) Cooperate with the historic preservation officer for the state and the state historic preservation review board in attempting to include such properties hereunder designated as historic structures or sites in the National Register of Historic Places.  (c) Work for the continuing education of the citizens about the historic heritage of the city and the historic structures and sites designated under the provisions of this division. (d) As it deems advisable, receive and solicit funds for the purpose of historic preservation in the city. Such funds shall be placed in a special city account for such purpose; however, any such funds intended by the donor to be controlled by the commission may be placed in a separate trust account of the commission in keeping therewith. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-176. - Historic structures, sites, neighborhoods and districts designation criteria. (1) For purposes of this division, an historic structure, site, neighborhood or district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon or any area of particular historic, architectural or cultural significance to the city in accordance with the criteria detailed in this section. Designation shall be based on a comprehensive consideration of all relevant factors. Within this division, properties granted historic structure, site, neighborhood or district designation are referred to as "designated properties". (2) Designation may be granted to structures, sites, neighborhoods or districts that: (a) Exemplify, reflect or hold significant value as part of the broad cultural, political, economic or social history of the nation, state or city; (b) Are identified with historic personages or with important events in national, state or local history; (c) Embody the distinguishing characteristics of an architectural type or specimen, inherently valuable for a study of a period, style, method of construction or of indigenous materials or craftsmanship; or (d) Are representative of the notable work of a master builder, designer or architect whose individual genius influenced his age. (e) Are identifiable as established and familiar visual features in the community owing to their unique location or physical characteristics. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-177. - Landmark and historic district designation—Procedures. (1) Application. (a) Any person, group of persons or association, may apply for historic structure, site, district or neighborhood designation for property and improvements located within the corporate limits of the city. The owner of any property that is currently designated may apply for a rescission of that dedication following the same procedures. Where this section refers to procedures applicable to the nomination and designation of properties, those procedures also apply to the rescission of dedication unless otherwise stated. When rescission is requested for economic reasons it shall only be considered in accordance with parameters established under subsection 114-182(2). (b) Nominations shall be made to the preservation commission on forms provided for that purpose. The application shall include or be accompanied by the following: 1. The name and address, as shown on the tax assessor's rolls of the owner of property proposed for designation. 2. The legal description and common street address of property proposed for designation.  3. A map delineating the boundaries and location of property proposed for designation. 4. A written statement describing the property and setting forth reasons in support of the designation proposed. 5. An indication of whether or not the owner(s) consents to the proposed designation. 6. Such other information as may be required by the preservation commission. (2) Notification of nomination and preliminary review. Upon receipt of an application for designation or rescission, the chairman of the preservation commission shall schedule a preliminary review to be held within 45 days. He shall notify the applicant and the property owner(s) of the time and place of the preliminary review. The city tax assessor, public works department, parks division, fire and police departments, health officer, building inspector and plan commission shall also be notified with the request that they each report to the preservation commission in a timely manner on any matters affecting the subject property or surrounding area. (3) Public hearing and decision. (a) Scheduling of the public hearing. If the preservation commission finds at the time of the preliminary review that an application merits further consideration, then a public hearing shall be scheduled to be held within the next 60 days. The preservation commission shall notify the city tax assessor, public works department, parks division, fire and police departments, health officer, building inspector and plan commission. Each such department shall respond to the commission within 30 days of notification with its comments on the proposed designation or rescission. (b) Notice of the public hearing. In cases of a nomination of a structure or site, notice of the date, time, place and purpose of the public hearing and a copy of the completed nomination form shall be sent to the owners of record of the nominated property, to the nominator(s), and to the owners of record as listed in the office of the city assessor of all property in whole or in part situated within 200 feet of the boundaries of the nominated property at least ten days prior to the date of the hearing. In cases of a nomination of an area as a historic district or historic neighborhood, notice of the date, time, place and purpose of the public hearing and a copy of the completed nomination form shall be sent to the owners of record of each property located within the boundaries of the nominated historic district or historic neighborhood and to the nominator(s), at least ten days prior to the date of the hearing. Notice of such hearing shall also be published as a Class 1 notice under state statutes stating the common street address and legal description of a nominated structure or site or legal description and boundaries of a nominated district along with the date, time, place and purpose of the public hearing. Requirements set forth in this subsection also apply to applications for rescission. (c) Required materials. The applicant shall produce at the time of the hearing such information as the preservation commission may require including, but not limited to, the following: 1. All information required with the application. 2. A visual presentation of the significant improvements on the subject property, together with information as to the age, condition and use of each. 3. Proposals for preservation and enhancement of the property proposed for designation or a detailed explanation of the reason rescission is requested. (d) Conduct of the hearing. The preservation commission shall conduct such public hearing. The applicant and the owners of subject property shall be entitled to speak at the public hearing and the preservation commission will accept comments from all other interested parties. In addition to notified persons and members of the general public, the preservation commission may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The preservation commission may conduct an independent investigation into the proposed designation or rescission. The preservation commission shall review and evaluate all available information according to the applicable standards set forth herein. A record of the proceedings shall be made and retained as a public record.  (e) Approval timeline. The preservation commission shall approve, approve with modifications or deny the requested designation within ten days after the public hearing; provided, however, that the preservation commission may not modify a designation to extend beyond the property described in the application unless a new application is filed and the procedure repeated. Rescission of designation for economic reasons is subject to timelines as specified under subsection 114-182(2). A majority vote of the entire preservation commission is required for approval. (f) Informing parties of interest. Following the public hearing, the secretary of the preservation commission shall prepare a report on the outcome of the preservation commission's action including all available information for submission to the city council within 30 days, as an information item. The owner(s) of record and parties who spoke at the public hearing shall be notified promptly by a letter containing information on the preservation commission's decision. Notification shall also be given to the city clerk, building inspector and the city assessor. The preservation commission shall cause the designation or rescission to be recorded at city expense in the county register of deeds' office. (g) Effect of denial. If the preservation commission denies the petition, no petitioner or applicant can file for 90 days to the secretary of the preservation commission to consider this same request. (h) Effect of approval. Properties approved for designation as historic structures, sites, districts or neighborhoods become subject to all provisions of this division. Properties approved for a rescission of dedication are no longer subject to the provisions of this division. (i) Voluntary restrictive covenants. The owner of any historic structure or site may at any time following such designation of his property enter into a restriction covenant on the subject property after negotiation with the commission. The commission may assist the owner in preparing such covenant in the interest of preserving the historic property. The owner shall record such covenant in the county register of deeds office and shall notify the city assessor of such covenant and the conditions thereof. (4) After the date of filing an application, as outlined above, until the date of a final decision by the preservation commission no building permit shall be issued for the alteration, construction, demolition, or removal of the nominated property except as permitted under the provisions of section 114-179. In no event shall the delay so imposed exceed 210 days. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-178. - Establishment of regulated work, activities and uses. (1) Work on designated property and improvements shall be regulated as follows: (a) Historic structures. No alterations, interior construction which affects structural members, exterior construction or exterior demolition may be performed on designated historic structures or the property on which they are located, except as have been approved by a certificate of appropriateness. Such work is herein referred to as "regulated work". (b) Historic sites, districts and neighborhoods. No alterations, exterior construction or exterior demolition may be performed on property and improvements located within an area that has been designated under this division as an historic site, district or neighborhood, except as have been approved by a certificate of appropriateness. Such work is herein referred to as "regulated work". (2) Signs, banners, canopies and the like for designated properties are subject to the same restrictions as "regulated work". (3) Regulated work restricted.  (a) Any application for a permit from the building inspector involving regulated work shall be filed with the preservation commission. Unless such certificate has been granted by the preservation commission, the building inspector shall not issue a permit for any such work. (b) No one shall cause or permit any regulated work to be performed unless a certificate of appropriateness has been granted by the preservation commission. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-179. - Certificate of appropriateness, procedure. (1) Application. Persons wishing to undertake regulated work shall file an application for a certificate of appropriateness at the city clerk's office on forms provided for that purpose. Each application shall be accompanied by all relevant plans and specifications for the work to be undertaken. The city clerk, within seven working days, shall submit copies of all applications to the preservation commission. (2) Review and approval process. (a) Preapplication consultation. Any applicant may request a meeting with the preservation commission before submitting an application for a certificate of appropriateness and may consult with the preservation commission during the review of the application. (b) Decision. At the next regular meeting following receipt of all necessary materials for review of the certificate of appropriateness, the preservation commission shall review and decide upon the application. The applicant may request a special meeting if the next regular preservation commission meeting is scheduled 15 days or more after the city's receipt of all necessary materials. The preservation commission shall grant a certificate of appropriateness if it finds that the proposed work is clearly appropriate and in accordance with the applicable criteria set forth in subsection (4). Copies of the certificate of appropriateness shall be forwarded to the owner(s) of record and the building inspector. (c) Effect of denial. When an application has been denied, the preservation commission shall notify the applicant in writing of the decision, with reasons for denial. The denial letter shall list the criteria and standards set forth in subsection (4), which if met, would make the application acceptable to the preservation commission. Within 30 days of receipt of the notification of denial, the applicant must either file a written modification of his application bringing it in conformity with the criteria and standards set forth in the denial letter or file an appeal to the common council on the basis of economic hardship. If the applicant fails to respond in either of those ways, in the required timeframe, the application shall be deemed null and void. (d) Action on modified applications. Following denial of a certificate of appropriateness, within 30 days of the receipt of a written modification, the preservation commission shall issue or deny the certificate of appropriateness in accordance with the established procedures and criteria detailed in this section. (3) Changes following issuance of a certificate of appropriateness. After the issuance of a certificate of appropriateness, no change may be made in the proposed work without review and approval of a new application for a certificate of appropriateness. (4) Criteria. In making a determination whether to issue or deny a certificate of appropriateness, the preservation commission shall consider, among other things, the effect of the proposed construction, alteration, removal or demolition upon historic, aesthetic or architectural value, characteristics and significance of the structure, site, neighborhood and/or district. The criteria to be used by the preservation commission in making its determination shall include, but are not limited to: (a) The maintenance of the significant original qualities or character of the structure or property, including, if significant, its landscape. The removal or alteration of any historic or distinctive architectural features shall be avoided. (b) The compatibility of the architectural style and design detailing the proposed construction, alteration, addition or repair with the original architecture of the landmark or styles within the historic district. (c) The compatibility of the general design, arrangement, scale, texture or materials of the construction or alteration, with the historic, aesthetic or architectural values, characteristics and significance of the historic district and/or landmark. (d) The relationship of the location of the construction, alteration, or demolition to the streets, public or semipublic ways and any other improvement or property within a historic district. (e) Whether, in the case of a designated historic structure, site or structure within an historic district, the proposed work would detrimentally change, destroy or adversely affect any exterior architectural feature of the improvement upon which such work is to be done. (f) Whether, in the case of the construction of a new improvement upon an historic site, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site. (g) Whether construction, alteration and demolition are done in accordance with the following: 1. All buildings, structures, and sites are recognized as products of their own time, and alterations have a historical basis. 2. Such exterior physical changes as may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. Because these changes may have acquired significance in their own right, this significance should be recognized and respected. 3. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site are treated with sensitivity. 4. Deteriorated architectural features are repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material need not be identical to but should match the material being replaced in composition, design, color, texture and other visual qualities. 5. The surface cleaning of structures is undertaken with the gentlest means possible. Abrasive cleaning and other cleaning methods that will damage the historic building materials should not be undertaken. 6. Every reasonable effort will be made to protect and preserve archaeological resources affected by, or adjacent to, any project. 7. Contemporary design for alterations and additions to existing properties is undertaken in such a manner that it does not destroy significant historical, architectural or cultural materials, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment as outlined: a. Height. The height of the proposed structure or additions or alterations should be compatible with surrounding structures. b. Proportions of structure's front façade. The proportions and relationships between the width and height of the proposed structure should be compatible with nearby structures. c. Proportions of openings into facility. The proportions and relationships between doors and windows should be compatible with existing structures. d. Relationship of building masses and spaces. The relationship of a structure to the open space between it and adjoining structures should be compatible. e. Roof shapes. The design of the roof should be compatible with adjoining structures.  f. Landscape and appurtenances. Landscaping and the use of appurtenances should be sensitive to the individual structures, its occupants and their needs. Further, the landscape treatment should be compatible with surrounding structures and landscapes. g. Scale of structure. The scale of the structure should be compatible with surrounding structures. h. Directional expression of front elevation. Street façades should blend with other structures with regard to directional expression. When adjacent structures have a dominant horizontal or vertical expression, this should be carried over and reflected. i. Architectural details. Architectural details and materials should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of that area. 8. Wherever possible, new additions or alterations to structures should be done in such manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would not be impaired. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-180. - Certificate of economic hardship. (1) Eligibility and terms. Notwithstanding any of the provisions of this division to the contrary, the common council may issue a certificate of economic hardship to allow the performance of work for which a certificate of appropriateness has been denied. The certificate of economic hardship requires a two-thirds vote of the full council upon a clear showing of economic hardship by the applicant in accordance with the terms of this section. (2) Application. To be considered for a certificate of economic hardship the applicant shall provide the following information in an affidavit signed by the owner of the subject property: (a) The amount paid for the property, the date of purchase and the party from whom purchased (including description of the relationship, if any, between the owner and the person from whom the property was purchased). (b) The assessed value of the land and improvements thereon according to the two most recent assessments. (c) Real estate taxes for the previous two years, and proof that they are paid in full. (d) Annual debt service, if any, for the previous two years. (e) All appraisals obtained within the previous two years by the owner or applicant in connection with his purchase, financing or ownership of property. (f) Any listing of the property for sale or rent, price asked and offers received, if any. (g) Any consideration by the owner as to profitable adaptive uses for the property. (h) If the property is income-producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and annual cash flow, if any, during the same period. (i) A description of the necessity for the work, as proposed, explaining the economic hardship resulting from denial of the certificate of appropriateness and/or the economic hardship that would be incurred in efforts to satisfy the criteria detailed in the denial of the certificate of appropriateness. (3) Decision. If the common council finds that, without approval of the proposed work, the property and improvements cannot be put to a reasonable beneficial use or the owner cannot obtain a reasonable  economic return therefrom the common council is authorized to issue a certificate of economic hardship. If the common council finds otherwise, it shall deny issuance of the certificate of economic hardship. At the discretion of the common council a final decision regarding issuance of the certificate of economic hardship may be delayed for a period not to exceed six months. During this period of delay, the applicant shall investigate plans to allow for a reasonably beneficial use or a reasonable economic return, or to otherwise preserve the subject property and improvements. The common council may request that the preservation commission provide assistance to the applicant in this endeavor. Upon a decision by the common council regarding a certificate of economic hardship, the city clerk shall notify the preservation commission, the applicant and the building inspector within seven days. (4) Effect of decision. The issuance of a certificate of economic hardship acts in lieu of a certificate of appropriateness for the identified work. The building inspector may proceed to issue building permits for such work following standard procedures once a certificate of economic hardship has been granted. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-181. - Miscellaneous provisions. (1) Notice to preservation commission. The city administrator or designee shall provide notice in writing to the chairperson of the preservation commission at least 15 days in advance of any forthcoming public hearings regarding zoning, conditional use or variance petitions involving designated properties. Additionally, the building inspector shall provide notice in writing to the chairman of the preservation commission at least 60 days in advance of plans by the city to alter or demolish a designated property owned by the city. (2) Affirmation of existing codes and ordinances. Nothing contained in this division shall supersede the powers of other local legislative or regulatory bodies, or relieves any property owner from complying with the requirements of any other applicable codes and ordinances. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-182. - Demolition and rescission. (1) Regulation of demolition. No permit to demolish all or part of an historic structure shall be granted by the building inspector, except as follows: (a) At such time as a person applies for a permit to demolish such property, the application shall be filed with the preservation commission. Upon application, the preservation commission may refuse to grant such written approval for a period of up to ten months from the time of such application, during which time the commission and the applicant shall undertake serious and continuing discussions for the purpose of finding a method to save such property. During such period, the applicant and the commission shall cooperate in attempting to avoid demolition of the property. At the end of this ten-month period, if no mutually agreeable method of saving the subject property bearing a reasonable prospect of eventual success is underway or no formal application for funds from any governmental unit or nonprofit organization to preserve the subject property is pending, the common council may direct the building inspector to issue the permit to demolish the subject property without the approval of the preservation commission. (b) In determining whether to allow the issuance of a permit for any demolition, the preservation commission shall consider and may give decisive weight to any or all of the following: 1. Whether the building or structure is of such architectural or historic significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the city and the state.  2. Whether the building or structure is of such old and unusual or uncommon design, texture and/or material that it could not be reproduced or be reproduced only with great difficulty and/or expense. 3. Whether retention of the building or structure would promote the general welfare of the people of the city and the state by encouraging study of American history or architecture design, or by developing an understanding of American culture and heritage. 4. Whether the building or structure is in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it, provided that any hardship or difficulty claimed by the owner that is self-created or is the result of any failure to maintain the property in good repair cannot qualify as a basis for the issuance of a demolition permit. (c) An appeal from the decision of the preservation commission to grant or deny a demolition permit or to suspend action on a demolition application may be taken to the common council by the applicant for the demolition permit or by the mayor or the council member of the district in which the subject building or structure is located. Such appeal shall be initiated by filing a petition to appeal specifying the grounds with the city clerk within ten days of the date the final decision of the preservation commission is made. The city clerk shall file the petition to appeal with the common council. After a public hearing, the council may by favorable vote of two-thirds of its members, reserve or modify the decision of the preservation commission if, after balancing the interest of the public in preserving the subject property and the interest of the owner in using it for his own purposes, the council finds that owing to special conditions pertaining to the specific piece of property, demolition will preclude any and all reasonable use of the property and/or a failure to approve the demolition will cause serious hardship for the owner, provided that any self-created hardship shall not be a basis for reversal or modification of the preservation commission's decision. (2) Rescinding designation of historic structures, sites or structures within an historic district for economic reasons. Any person who is listed as the owner of record of an historic structure, site, or structure within an historic district at the time of its designation who can demonstrate to the preservation commission that by virtue of such designation he is unable to find a buyer willing to preserve such an historic structure or site even though he has made reasonable attempts in good faith to find and attract such a buyer, may petition the preservation commission for a rescission of its designation. Following the filing of such petition with the secretary of the preservation commission: (a) The owner and the preservation commission shall work together in good faith to locate a buyer for the subject property who is willing to abide by its designation. (b) If at the end of a period not exceeding 12 months from the date of such petition no such buyer can be found and if the owner still desires to obtain such rescission, the preservation commission shall rescind its designation of the subject property. (c) In the event of such rescission, the preservation commission shall notify the city clerk, the building inspector and the city assessor of the rescission and shall cause the rescission to be recorded at its own expense in the office of the county register of deeds. (d) Following such rescission, the preservation commission may not redesignate the subject property an historic structure or site for a period of not less than five years following the date of rescission. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-183. - Conformance with regulations. Every person in charge of any historic structure or site shall maintain the structure or site or cause or permit it to be maintained in a condition consistent with the provisions of this division. The city council may appoint the building inspector or other designee to enforce this division. The duties of the designee shall include periodic inspection at intervals provided by the city council of designated historic structures and sites. These inspections may include physical entry upon the property and its improvements with permission of the owner to ensure that interior alterations or maintenance will not jeopardize the exterior appearance or structural stability of the improvement. If an owner refuses permission for entry for purposes of inspection, the building inspector may obtain a warrant of entry pursuant to Wis. Stats. § 66.122, and take any other reasonable measures to further enforce this division. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-184. - Maintenance of historic structures, sites and districts. (1) Every person in charge of an improvement on an historic site shall keep in good repair all of the exterior portions of such improvement and all interior portions thereof that, if not so maintained, may cause or tend to cause the exterior portions of such improvement to fall into a state of disrepair. This provision shall be in addition to all other provisions of law requiring such improvement to be kept in good repair. (2) Insofar as they are applicable to an historic structure, site or district designated under this division, any provision of articles III and V of chapter 18, may be varied or waived on application to the appropriate board having such jurisdiction over such chapters or in the absence of such board, to the building inspector, provided such variance or waiver does not endanger public health or safety. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-185. - Conditions dangerous to life, health or property. Nothing contained in this division shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any historic structure or any improvement on an historic site pursuant to order of any governmental agency or any court judgment for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. In such cases, no approval from the preservation commission shall be required. (Ord. No. 643-09, §§ I, II, 4-8-09) Sec. 114-186. - Penalties for violations. Any person violating any provisions of this division or any regulation, rule or order made under this division shall be subject to a penalty as provided in section 1-14. (Ord. No. 643-09, §§ I, II, 4-8-09)  Wis Statutes 62.23(7)(em) – Historic Preservation (em) Historic preservation. 1. Subject to subds. 2. and 2m., a city, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance, or if a city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall, not later than 1995, enact an ordinance to regulate, any place, structure or object with a special character, historic, archaeological or aesthetic interest, or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. Subject to subds. 2., 2m., and 3., a city may create a landmarks commission to designate historic or archaeological landmarks and establish historic districts. Subject to subds. 2. and 2m., the city may regulate, or if the city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall regulate, all historic or archaeological landmarks and all property within each historic district to preserve the historic or archaeological landmarks and property within the district and the character of the district. 2. Before the city designates a historic landmark or establishes a historic district, the city shall hold a public hearing. If the city proposes to designate a place, structure, or object as a historic landmark or establish a historic district that includes a place, structure, or object, the city shall, by 1st class mail, notify the owner of the place, structure, or object of the determination and of the time and place of the public hearing on the determination. 2m. In the repair or replacement of a property that is designated as a historic landmark or included within a historic district or neighborhood conservation district under this paragraph, a city shall allow an owner to use materials that are similar in design, color, scale, architectural appearance, and other visual qualities. 62.23(7)(em)3. 3. An owner of property that is affected by a decision of a city landmarks commission may appeal the decision to the common council. The common council may overturn a decision of the commission by a majority vote of the common council. 62.23 (7)(f) Enforcement and remedies. 1. The council may provide by ordinance for the enforcement of this section and of any ordinance or regulation made thereunder. In case of a violation of this section or of such ordinance or regulation such council may provide for the punishment by fine and by imprisonment for failure to pay such fine. It is also empowered to provide civil penalties for such violation. 2. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of this section or of any ordinance or other regulation made under authority conferred hereby, the proper authorities of the city, or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.  62.23(7)(g) Conflict with other laws. Wherever the regulations made under authority of this section require a greater width or size of yards, courts or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this section shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this section, the provisions of such statute or local ordinance or regulation shall govern.  2019 AGENDA ITEM Committee of the Whole Meeting date: August 6, 2019 Council Meeting date: TBD ITEM: WWTP Ag Land – Farm Lease DETAILED DESCRIPTION OF SUBJECT MATTER: The City owns 3.8 acres of tillable land adjacent to the Wastewater Treatment Plant, which has been leased to a local farmer (Sennview Dairy). The current lease is in effect and expires at the end of the 2020 planting season. Earlier this year, community members have come forward with proposals to work this parcel into a useful park/nature area. The Columbus Oddfellows have been most interested in turning a portion of the land into a butterfly garden. Over the past couple of years, there have been some other conceptual discussions about turning that area into a useful, natural area with potential for recreation adjacent to the Crawfish River. As a part of those recent discussions, I worked with Mayor Thom and the farmer on a way to adjust the lease with a hope to get started in this project sooner. In concept, Sennview Dairy was open to changing the lease to release it one year early with the stipulation that he maintain an access easement to farmlands that he owns across the Crawfish River and uses the access to process his harvest each year. Atty. Johnson has been working on a Memorandum of Understanding (MOU) to reflect the intent of the conversations that have been taking place. The bottom line is that the land will be available for conversion into the butterfly garden/natural area following this harvest season, and in turn the farmer will till the land for us following his last cutting of alfalfa. He will also be allowed his access easement. Update- Attached is updated information related to this issue, include a proposed map as called out as Exhibit B. Update- Atty Johnson has drafted the attached update to the proposed lease, which includes a revision that states the farmer will have continual ongoing access to lands across the river, but the City has the right to adjust the location of the easement area. Also, the updated lease amendment states that the easement terminates at which point the current farmer (Sennview Dairy) determines the easement is not needed. That would also then end the easement should Sennview sell his property to another owner. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: MOU for WWTP Farmland. ACTION REQUESTED OF COUNCIL: Review and consider.  DECLARATION OF INGRESS/EGRESS EASEMENT RE: Lands set forth on the attached Exhibit A (hereinafter “the Property”). Declaration made this ____ day of ___________________, 2019, by the City of Columbus, a Wisconsin Municipal Corporation (hereinafter “Columbus”). Drafted by and Return To: Paul A. Johnson WHEREAS, Columbus is the owner of Boardman & Clark LLP PO Box 256 the Property identified above; and Lodi, WI 53555 WHEREAS, Sennview Dairy LLC 211-1013-1922-004 (hereinafter “Sennview”) is the owner of Parcel Identification Number(s) property as set forth on the attached Exhibit B and has requested from Columbus an Easement for Ingress and Egress for reasonable pedestrian and vehicular traffic, including farm equipment, over the Easement Area as provided in this Declaration in order to access the Exhibit B property from River Road. NOW, THEREFORE, it is hereby declared by Columbus as follows: 1. Columbus hereby grants and conveys to Sennview an Easement for the purpose of reasonable ingress and egress for pedestrian and vehicular traffic, including farm equipment, over the land described as set forth on the attached Exhibit C (“the Easement Area”). Columbus reserves the right to adjust the actual location of the Easement Area if Columbus needs the land in which the existing Easement Area lies for an expansion of the Columbus wastewater treatment plant. 2. Columbus shall not obstruct Sennview’s free and unobstructed use of the Easement Area in accordance with this Declaration. Any obstructions or impediments within the Easement Area may be removed, without notice, by  Sennview and the cost of removal shall be borne by the owner causing or responsible for such obstruction. 3. Except as provided herein, Columbus reserves and retains the full right to use the Easement Area; provided any such use shall not unreasonably interfere with or impede the ingress and egress rights through the Easement Area for the purposes set forth in this Declaration. 4. All costs of maintaining the Easement Area shall be borne by Sennview. Sennview, at its sole expense, may reasonably lay gravel or otherwise reasonably improve the Easement Area for purposes set forth in this Declaration. 5. Sennview, at the sole expense of Sennview, shall be responsible for any damage caused by it, its guests, licensees or invitees, whether intentionally, through negligence or otherwise to the Easement Area. Sennview shall be responsible, at the sole expense of Sennview, for promptly making any needed repairs, restoring the Easement Area to the condition it was in prior to such damage. Sennview shall release, hold harmless, indemnify and defend the owner of the Property for any loss, damage or injury to persons or property arising from the use of the Easement. 6. The parties stipulate that all claims, disputes, and other matters or questions arising out of or related to this Declaration or breach thereof shall be decided in a court of competent jurisdiction located in Columbia County, Wisconsin. In the event it is already determined that the terms or conditions of this Declaration governing the Easement Area have been violated or breached, in addition to any other rights or remedies to which the non-defaulting party in litigation may be entitled, the defaulting party in litigation shall be obligated to pay all of the non- defaulting party's costs and expenses associated with enforcement of this Declaration whether incurred prior to or after the commencement of any lawsuit, including reasonable attorney fees. 7. The benefits and burdens of this Easement created herein shall be binding upon Columbus and Sennview, and are intended for the sole benefit of Sennview. This Easement shall terminate at such time as Sennview no longer owns the Exhibit B property or no longer needs the easement to access its property located across the Crawfish River in the town of Elba ten years from the date this Declaration is executed, whichever comes first. 8. The provisions of this Declaration may not otherwise be cancelled, terminated, released, amended or waived unless approved in a written agreement of the parties hereto and recorded in the Dodge County Register of Deeds office. 2 9. This agreement shall be governed by and interpreted in accordance with the laws of the State of Wisconsin. CITY OF COLUMBUS By: __________________________ By: __________________________ Michael Thom, Mayor Patricia Goebel, Clerk ACCEPTANCE OF EASEMENT Sennview Dairy LLC does hereby accept the terms and conditions of this Declaration of Easement. SENNVIEW DAIRY LLC By: __________________________ William Sennhenn, Member AUTHENTICATION Signatures of Michael Thom, Patricia Goebel and William Sennhenn, in the capacities indicated, authenticated this ____ day of _________________, 2019. _____________________________________ Paul A. Johnson SBN: 1021492 TITLE: MEMBER, STATE BAR OF WISCONSIN (If not, _______________________________, authorized by Wis. Stat. §706.06) This instrument drafted by: Attorney Paul A. Johnson Boardman & Clark LLP Post Office Box 256 3 Lodi, WI 53555 F:\DOCS\WD\53481\26\A3509306.DOCX 4