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Committee of the Whole Meeting Packets

Regular Meeting

Columbus, WI · March 3, 2020

Agenda

Agenda

COLUMBUS COMMON COUNCIL – COMMITTEE OF THE WHOLE TUESDAY, MARCH 3, 2020 – 6:45 PM COLUMBUS CITY HALL 1. Roll Call 2. Notice of Open Meeting 3. Approve Agenda 4. Citizen Comments 5. Department Reports a. EMS Report – January 2020 b. Media Report – January c. Finance Director – Final Major Class Comparison Assessment Report from Department of Revenue 6. Committee Minutes a. CHLPC - 2/12/20, 2/13/20 e. Library – 6/28/19 b. PFC - 11/1/8/19 f. Tourism – 1/6/20 c. Cable Commission - 1/8/20 g. Plan Commission – 1/16/20 d. CWL - 1/19/20 h. CDA – 1/20/20 7. Continue discussion on amendments for the 2019 budget to qualify for the Expenditure Restraint Payment 8. Review & discuss Engagement Letter with Baker Tilly for the 2020 Sewer Rate Study 9. Review & discuss the replacement purchase of bobcat snow blower attachment 10. Review & discuss offer to purchase of decommissioned blowers from WWTP 11. Review & discuss changes to Cable Commission Ordinance 12. Review & discuss the Access Easement for Sennview Farms to cross the City owned lands north of the Wastewater Treatment Plant 13. Review & discuss the agreement with Sennview Farms regarding the City owned land north of the Wastewater Treatment Plant Adjourn TO: Columbus Area EMS District Board Members FROM: Chris Orange DATE:February 1, 2020 SUBJECT:January 2020 Lifestar responded to 55 911 calls for the month of January in the CAEMS area that were paged out via Columbia County Dispatch. Below is the monthly breakdown by municipality: • City of Columbus – 23 • Village of Fall River – 14 • Town of Calamus – 1 • Town of Columbus – 5 • Town of Elba – 5 • Town of Fountain Prairie – 2 • Town of Hampden – 2 • Town of Otsego – 0 • Town of Portland – 0 • Town of York – 3 • Intercepts – 0 • Auto ALS – 0 • Mutual Aid – 0 Lifestar failed to meet the response guidelines forthree calls in the month of January. On 1/13/20, Lifestar was requested for a call in the City of Columbus. There was a short delay due to poor winter road conditions. On 1/14/20, Lifestar was requested for a call in the City of Columbus. The responding crew initially responded to the wrong road name. This crew was coached on the importance of knowing where they are responding to. On 1/25/20 Lifestar was requested for a call in the Town of Elba. The page information that was received from Dodge and Columbia counties were not the same address. This caused confusion of the first responding ambulance. The first responding ambulance ended up getting stuck due to poor winter road conditions. A second ambulance was then requested to respond as the first responding ambulance was unable to free themselves and required a tow truck to remove the ambulance from the snow. Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec TOTAL Calamus 1 Columbus City 23 Columbus Town 5 Elba 5 Fall River 14 Fountain Prairie 2 Hampden 2 Otsego 0 Portland 0 York 3 TOTALS 55 Auto ALS 0 Intercepts 0 Mutual Aid 0 MONTHLY TOTALS 55 Respectfully, Christopher Orange Critical Care Paramedic Columbus Supervisor Media Coordinator Report – January • Highlights: o We Are One: Columbus Cable was present at the 2020 We Are One celebration at Fireman’s Park Pavilion on January 26th. My recordings yielded around two hours of wonderful concert programming for viewers to enjoy. The Fall River Jazz Band, Sheila Shingley, Sisters in Song Community Choir, and Leotha Stanley and Friends’ performances can be seen on channel 980 and on our new video on demand site. o HGTV contest: Community members alerted my attention to an HGTV contest named Hometown Takeover mid-month, and I am happy to say that I am working with a few of them to submit Columbus as part of this great contest. A 3-minute video submission is needed, and that is where I come in! For details, visit the following link: https://www.hgtv.com/shows/home-town/ben-and-erin-take-home-town-on-the-road- in-new-hgtv-series-home-town-takeover o Cardinals basketball offered on VOD and channel 981: CHS basketball games are beginning to be offered on channel 981 and Columbus Cable video on demand! I am working with the school district to make more games available in the future, but you can watch games against Waterloo, Ripon, and Big Foot on demand now, or check the schedule on channel 981 for air times. • New programming recorded in January: o Common Council/COW: 1/7, 1/21 o Plan Commission: 1/16 o School Board: 1/13, 1/27 o We Are One celebration, 1/26 • January program submissions from public: o Columbus United Methodist Church services: 1/5 o Zion Lutheran Church services: 1/5, 1/14, 1/19, 1/26 o Faith Lutheran Church services: 1/5, 1/12, 1/19, 1/26 o 1930’s Columbus footage o Cardinals basketball games: Waterloo, Ripon, Big Foot • Cable/equipment issues: o None reported for January • Statistics for January: o Cable – VIMEO streaming video plays: 102 ▪ 43 on phone, 54 desktop, 5 tablet, 0 TV app ▪ Top video: Common Council/COW 1/21/20 o Cable – Cablecast streaming video plays: 83 ▪ Top video: Faith Lutheran Church service, 1/19/20 (45 views) o City of Columbus Facebook page – 1964 followers ▪ Maximum daily page reach for January: 2282 (1/13/20) ▪ Minimum daily page reach for January: 31 (1/28/20) ▪ AVERAGE daily page reach for January: 458.6 ▪ Maximum daily engagements for January: 469 (1/13/20) ▪ Minimum daily engagements for January: 1 (1/28/20) ▪ AVERAGE daily engagements for January: 65.3 o Visit Columbus, WI Facebook page – 120 followers ▪ Maximum daily page reach for January: 3 (1/23/19) ▪ Minimum daily page reach for January: 0 (20 days) ▪ AVERAGE daily page reach for January: .5 ▪ Maximum daily engagements for January: 1 (7 days) ▪ Minimum daily engagements for January: 0 (24 days) ▪ AVERAGE daily engagements for January: .2 • Staff Time Break down for January: o Cable Programming: 77 (39%) o Cable Meetings: 17 (9%) o City website/social media: 75 (38%) o Tourism: 30 (14%) Columbus Historic Landmarks & Preservation Commission Special Meeting with the Ordinance Review Ad Hoc Committee Wednesday, February 12, 2020 Columbus City Hall Attendees: Carolyn Fredericks, John Salzwedel, Ruth Hermanson, Beth Altschwager, Retta Kurth, Eric Lukasavitz, Mayor Michael Thom, Ed Johnson,Trina Reid, Pat Goebel 1. Call meeting to order: Fredericks 2. Properly posted meeting: Check 3. Approve agenda: Motion: Salzwedel; Second: Altschwager; Motion carried. 4. Discussion with Ordinance Review Ad Hoc Committee and possible recommendations on revisions to the HLPC section of the Columbus Zoning Code: Discussion on ordinances from other municipalities (Lodi, Tomah, Green Bay, Monona, Black River Falls, McFarland). Thom expressed interest in the simplicity of the Green Bay ordinance, but stated there were already amendments to follow. Discussion of how to handle a complaint to a structure on the local Historic Register: 1) A citizen complaint form must be filed with the HLPC. 2) Form goes to the Property Maintenance Team, headed by Matt Schreiber 3) Enforcement involving a fine by the Police Dep’t. Discussion of designated properties: Fredericks and Salzwedel are working on a data base. Follow-up with the Register of Deeds to show restrictions on historical properties. Johnson questioned the composition of the HLPC . He stated it would be wise to include an architect, a real estate agent, and a council member as part of the 7 member commission, to the extent practical. Fredericks commented that a binder be compiled with basic information and rules for commissions on procedures such as time frame for notices, agendas, etc. Comment was made that the City as the Certified Local Government (CLG) is required to submit an annual report to the State Historical Society on activities. Follow-up meeting scheduled for March 24, 2020 at 6:30 at City Hall. 5. Adjourn: Motion: Salzwedel; Second: Altschwager; Motion carried. Meeting adjourned at 8:00. Respectfully Submitted, Retta Kurth, Sec. Columbus Historic Landmarks and Preservation Commission Regular Meeting Agenda Thursday, February 13, 2020 - 6:00 PM Columbus Public Works Office 229 E. School St. Attendees: Carolyn Fredericks Beth Altschwager Retta Kurth Ruth Hermanson Eric Lukasavitz John Salzwedel Andy Traxler – Liaison, Mayor Michael Thom, Joe DeRose 1. Call meeting to order: Carolyn Fredericks 2. Properly posted meeting: Check 3. Citizen comments on agenda items: None 4. Approve Agenda: Motion: Altschwager; Second: Kurth; Moton carried 5. Approve minutes from January 9, 2020 meeting: Motion: Salzwedel; Second: Lukasvitz; Motion carried. 6. Approve minutes from the February 1, 2020 meeting: Motion: Altschwager; Second: Lukasavitz; Motion carried. 7. Approve Minutes of January 28, 2019: Correction to read Mayor “Michael” Thom. Motion: Altschwager; Second: Salzwedel; Motion carried. 8. Treasurer Report-Attached: Motion: Kurth; Second: Salzwedel; Motion carried. 7. Old Business: A. Summer Concert Series – 2020: 1) June Band: Hermanson contacted Bob Agnew (“Bob & Todd”) and will follow up. Salzwedel made a motion to contract with “Bob & Todd” for ‘60’s – ‘90’s music for June at a rate not to exceed $600. Altschwager seconded it. Motion carried. 2) Vendor Agreements signed from food and beverage vendors: Noted. Altschwager contacted Family Restaurant for June and will offer a contract. 3) Business list: Hermanson & Fredericks will combine lists and submit them to Lukasavitz. 4) Timeline foe letter to go out. Would Eric be interested in taking this over? Lukasavitz will work with Bobby Turner in sending out emails and working on setting up an email address for CHLPC. B. Pavilion projects/lplanning meeting – Thursday, February 27, 2020 @ 4:00 p.m. at Kurth Brewery. Noted. 8, New Business: A. Guest – Joe De Rose discussion on the HLPC ordinance review process: Joe DeRose, WI State Historical Society’s Survey Historian in the Historic Preservation division, met to answer questions and provide information on making modifications to the city ordinances as they pertain to the historic landmarks and their preservation. 1) Columbus has been listed as a Certified Local Government since 1992 and has received grants over the years. It was noted that an annual report (form available on line) should be submitted. 2) Designated municipal buildings, historic homes and structures, and landmarks should all be noted at the County Register of Deeds at City expense. The Commission will research the archives for verification of designation of historic districts, residences, and structures. 3) DeRose agreed that it would be advantageous to have an architect or contractor, a liason or council member, and in some cases, even an archaeologist serving on the Commission. However, in small cities it is not always practical. 3) DeRose confirmed that the ordinances currently in place are well defined. 4) Plus/minus for listed properties: The Commission has the option to accept or deny a request for rescission. An appeal process goes to City Council, and falls under Zoning codes. 5) New Richmond city attorney Noah Wiedenfeld may be a resource person is researching City or CHLPC loans or grants as incentives for rehabbing historic properties. B. Ad Hoc Committee meetings: Next meeting: March 24, 2020 @ 6:30 @ City Hall. C. Bills: None D. Window Restoration project – vote on additional windows to be done by Community Building & Restoration: Following discussion, Salzwedel made a motion to secure the work for 7 additional windows from the 11/21/19 bid and 2 additional windows (now vented) for $12,810 out of the Pavilion Fund. Hermanson seconded it. Motion carried. E: CHLPC’s own Employer’s Identification Number (EIN) – discussion from Kim Manley & Paul Johnson: Tabled . F. Historical Society Soup Luncheon – Sunday, February 23, 2020 at the Methodist Church. Serving at 11:30, with Chief Randy Koehn giving a presentation on the history of the Columbus Fire Department at 1:00. - Noted. 9. Council Liaison Report: Comments made under “New Business: A.” 10. Adjourn: Motion: Altschwager; Second: Salzwedel; Motion carried. Meeting adjourned at 8:15. Respectfully Submitted, Retta Kurth, Sec. MINUTES of COLUMBUS POLICE AND FIRE COMMISSION November 18, 2019 Columbus Fire Department Meeting Room 123 W. Harrison St., Columbus, WI 53925 1) Meeting called to order at 6:00 p.m. by PFC Chair Olson. 2) Roll Call: PFC Members present: Z. Kianovsky, L. O’Donnell, L. Olson, T. Sumnicht. PFC Members absent: R. Rule. Others present: CFD Chief Koehn, CPD Chief Weiner, City Counsel Liaison Trina Reid, CPD Lt. Ward. 3) Notice of compliance with Open Meeting law—Notice of Meeting and Posted Agenda by Olson. 4) Motion by Sumnicht to approve agenda. Seconded by O’Donnell. Motion carried unanimously. 5) Motion to approve minutes of meeting of 10/29/3019 by Olson, seconded by O’Donnell. Motion carried unanimously. 6) Citizen Comments: None. 7) New Business. A. Chief Koehn gave oral report regarding Fire Department, which is now fully staffed.. B. Chief Weiner gave an oral report supplementing his submitted written report. C. Motion by Kianovsky to convene in closed session pursuant to Sec. 19.85 (1)(c) Wis. Stats. to consider employment, promotion, compensation or performance evaluation data of any public employee over which the body has jurisdiction or exercises responsibility, to wit, interviewing of candidates for Columbus Police Department Sergeant position and interviewing candidate for firefighter position with Columbus Fire Department. Seconded by O’Donnell. Roll Call Vote: Ayes: Olson, Kianovsky, O’Donnell, Sumnicht. Nays: none. Motion carried. The PFC then convened in closed session at 6:30 p.m. to conduct candidate interviews. D. Motion by Kianovsky to reconvene in open session. Seconded by O’Donnell. Motion carried unanimously. The PFC then reconvened in Open Session at 8:45 p.m. E. i. Motion by O’Donnell to place candidate Mollie Kallas on the CFD eligibility list for the position of firefighter. Seconded by Kianovsky. Motion carried unanimously. Columbus PFC Minutes, November 18, 2019 Page 1 of 2 MINUTES of COLUMBUS POLICE AND FIRE COMMISSION November 18, 2019 Columbus Fire Department Meeting Room 123 W. Harrison St., Columbus, WI 53925 ii. Motion by O’Donnell to place Mark Creighton on the CPD eligibility list for the CPD Sergeant Position. Seconded by Sumnicht. Motion carried unanimously. iii. Motion by Sumnicht to place Brian Pulvermacher on the CPD eligibility list for the CPD Sergeant Position. Seconded by Kianovsky. Motion carried unanimously. iv. Motion by O’Donnell to place Robert Dickerson on the CPD eligibility list for CPD Sergeant position. Seconded by Sumnicht. Motion carried unanimously. 8) Motion by O’Donnell to adjourn. Seconded by Sumnicht. Motion carried unanimously. PFC meeting adjourned at 8:42 p.m. The next regular meeting of the Columbus Police and Fire Commission is tentatively scheduled for Monday, February 17, 2020 at 6:00 p.m. at the Columbus 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 ______________ Columbus PFC Minutes, November 18, 2019 Page 2 of 2 COLUMBUS CABLE COMMISSION MEETING COLUMBUS CITY HALL January 8, 2020 5:45 PM Council Chambers, City Hall Chairman Kaland called the meeting to order at 5:45 pm. Members present: Pete Kaland, Ed Johnson, Andrew Traxler, Chet Bembenek, and Paul Pyfferoen. Absent: None. Also in attendance: Media Coordinator Lisa Wolf . Motion to approve minutes as submitted by Pyfferoen, Second by Johnson. Motion carried. Motion by Bembenek, second by Traxler to approve the Agenda. Motion carried. Citizen Comments: Peter Kaland commented as a citizen that he has read postings on social media about citizens’ unhappiness with Spectrum being the only option for services in the city of Columbus and that they believed that the cable commission should do something about it. Kaland wanted to make it clear to citizens that the franchise agreement is at the state level, and the city has no control over the issue. NEW BUSINESS a. Budget Update: The Commission reviewed budget documents from December as well as the franchise fees paid to the city. b. Examination of current Cable Ordinance: Wolf reported the version of the cable ordinance on the city website was the most current one adopted, and still stated that one member need be from Columbus Water and Light Commission. The commission agreed that this requirement be stricken, the total commission number brought down to five members, the title “Lead Cable Coordinator” be changed to “Media Coordinator”, and the descriptor “annually” be added to item 1 of the commission duties. The commission directed Wolf to provide a revised draft at the next meeting for approval. c. Staff Reports and Updates: Wolf presented the Media Coordinator Report for December. Wolf reported that the audio troubles in the Council Chambers have been mainly worked through without professional assistance. Wolf provided an estimated figure for an assistive listening device for council chambers. The commission instructed Wolf to provide three quotes for the next meeting. d. Cable Programming, Issues and Plans: Wolf reported no issues, but reported that this month’s episode of Under the Clock Tower is in planning. e. Next scheduled meeting – February 12th, 5:45 pm at City Hall. f. Adjournment: Motion by Traxler, second by Bembenek, to adjourn at 6:39 pm. Respectfully Submitted, Lisa Wolf, Secretary COLUMBUS WATER & LIGHT COMMISSION MEETING JANUARY 9, 2020 CWL Commission President Lang called the CWL Commission meeting to order at 6:00 pm. Commissioners present: Lang, Andler, Olson, Schulze and Thom. Also, present at the meeting was CWL Co- Superintendent Hammer and CWL Co-Superintendent Kaltenberg. Excused Jason Theilen and Greg Robbins. It was reported that the City Clerk, as required by appropriate Wisconsin Statutes, had given proper public notice of the meeting. The Agenda for the meeting was approved on a motion by Olson, second by Andler. Motion carried. Visitor’s Comments and Utility Communications: Included in the packet was an article “Bring on the Sunshine! “submitted to the Columbus Journal on January 7, 2020 by Co-Superintendent Kaltenberg on the Public Service Commission voting to approve the Point Beach Solar Energy. The Consent Agenda which consisted of the December 18th CWL Commission Meeting minutes, Monthly Treasure’s Report and the Outage Report, was approved on a motion from Schulze, second by Thom. Motion carried. UNFINISHED BUSINESS: Solar PV Array Bid Package: Motion by Olson, second by Andler to approve the Solar PV Array Bid Package submitted by Ruekert & Mielke. Motion carried. NEW BUSINESS: Cash Disbursements/Accounts Payable Reports: The Commission reviewed the December Cash Disbursements Report. Checks numbered 21269-21320 and 35 wire and ACH transfers, totaled $768,121.77. The Commission reviewed the Accounts Payable Report and ordered paid 32 requests totaling $106,359.25. Motion by Andler, second by Olson, to approve paying the 32 requests from the AP Report. Motion carried. The December cost per kilowatt-hour was $.06590. Reports were approved and placed on file. Debt Service Funding: Currently CWL contributes $45,500 per month to the Debt Service Fund to pay the principle and interest payments for their Revenue Bond. With a monthly contribution of $30,000; the fund would be sufficiently funded for future payments. Co-Sup’t Kaltenberg discussed with the Commission to consider changing the monthly contribution starting January 2020 from $45,500 to $30,000 to have the fund adequately funded. Also, CWL would be able to deposit the difference of $15,500 into the LGIP-Utility General Fund-#1314 to earn more interest. Motion by Olson, second by Andler to approve changing the debt service fund contribution from $45,500 to $30,000 and to deposit the difference of $15,500 into the LGIP- Utility General Fund #1314. Motion carried. Feb-Dec 2020 CWL Commission Meeting Dates & Times: At the December Commission meeting there was discussion on changing the Commission meeting dates. This was discussed because of the changing of the bill dates to align the PCAC. By changing the bill dates the previous months financials would not be prepared until the third week of the month. Motion by Olson, second by Schulze to change the meeting dates to the third Thursday of each month; with the exception of September’s meeting to be scheduled Tuesday, September 15th. Motion carried. COMMISSION MEETING JANUARY 9, 2020 PAGE 2 REPORTS: Mayor Comments: The Mayor reported that there will be four elections this year. He also stated that Kim Manley, the City Treasurer gave her notice that her retirement date will be May 1, 2020. Co-Superintendent Kaltenberg’s Report:  On December 12th, the WPPI Energy 2020 Budget passed at the WPPI Board of Directors Meeting. If anyone is interested in reviewing the budget, please let me know.  On December 23rd, Joe and I had a conference call with Ben Slager, WPPI Director of Information Technology on the cyber security services that WPPI offers. These services are budgeted in CWL’s 2020 Budget.  The CWL Crew has been working on inventory the last few weeks of December.  CWL’s crew is progressing on the AMI Water Meter Project. To date, 1,706 of 2,337 water meters have been converted to AMI. Co-Superintendent Hammer’s Report: The CWL crew has been working on the following for the past 4 weeks; Continue to change out water meters to AMI system Water & Electric Inventory Take down Christmas Decorations Vehicle maintenance MEUW Safety Instructor Field Visit Viaduct street light repair Anticipated work for next 4 weeks; Continue to change out water meters to AMI system WP 1 & 2 Maintenance Tree trimming Motion by Olson, second by Andler to adjourn at 7:00 p.m. Motion carried. **Next Scheduled Meeting – Thursday, February 20th, 6:00 pm at Columbus Water and Light** Respectfully Submitted, Brook Andler CWL Commission Secretary Columbus Public Library Library Board Special Meeting Friday, June 28, 2019 Library Annex Peter Kaland called the Open Session of the meeting to order at 5:00 p.m. Present: Deb Haeffner, Jim Schieble, Sue Salter, Merry Anderson, Pete Kaland Adoption of the Agenda: Jim moved and Deb seconded that the Open Meeting agenda be adopted. Motion carried. Purpose of the meeting was to discuss and prepare an offer for the Library Director position to Christina Jones. Per State Statute Section 19.85(1)(c) personnel Pete called for a roll call vote to send the meeting into Closed Session. Deb-yes, Jim-yes, Sue-yes, Merry-yes, Pete-yes. Jim moved and Deb seconded a motion to move into Open Session. Motion carried. No action taken. Sue moved and Deb seconded a motion to adjourn. Motion carried. Submitted 7/16/2019 Merry Anderson CITY OF COLUMBUS TOURISM COMMISSION DATE: Monday January 6, 2020 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 6:33 PM. 2.) ROLL CALL – Johnson, Walcott, Thom and McCabe were present. Milburn and O’Brion were excused. Schreiber staffed the meeting. 3.) NOTICE OF PUBLIC MEETING – Meeting was noticed in accordance with state and local laws. 4.) APPROVE AGENDA- Motion by Walcott, second by Thom to approve the agenda as presented. Motion passed 4-0. 5.) APPROVE MINUTES – Motion by McCabe, second by Thom to approve the minutes as presented. 6.) CITIZEN COMMENTS – None 7.) TOURISM COMMISSION FINANCIAL REPORT- Staff provided an overview of the most recent financial report. 8.) MEDIA COORIDNATOR REPORT – Lisa Wolf provided an overview of the Media Coordinator report. 9.) OLD BUSINESS: a. Review and take potential action on the 2020 Budget for Tourism Commission Fund #250 – Staff reviewed the proposed budget. The consensus was to amend the proposed budget to show an increase in revenue and increase the contribution for support and the marketing and advertising line items. Motion by Thom, second by Walcott approved the 2020 budget for the Tourism Commission Fund # 250 with the following changes: an Increase of Room Tax Fund Revenue to $38,175; an increase of Contribution for support to $16,000; and an increase of Marketing and Advertising to $15,000. Motion passed 4-0. b. Marketing report from the 2019 Holiday Train – Staff provided an update on the success of the recent marketing effort for the Holiday Train. Next year we recommend to: order the fliers, get posters from CP and distribute them, use spin go along with other social media and to target train hobbyists. 10.) NEW BUSINESS: - None 11.) ADJOURN – Motion by Walcott, second by Thom to adjourn the meeting at 7:32. Motion passed 4-0 Respectfully Submitted, Matt Schreiber Director of Planning and Development CITY OF COLUMBUS PLAN COMMISSION – REGULAR MEETING THURSDAY, JANUARY 16 2020 – 6:30 P.M. COLUMBUS CITY HALL - 105 N DICKASON BLVD COUNCIL CHAMBERS MINUTES 1. Call Meeting to Order – Meeting was called to order at 6:30 PM 2. Roll Call – Johnson, Lewis, Basten, Parpart and Zapotocny were present. Traxler and Monday were excused. Schreiber staffed the meeting. Johnson chaired the meeting in Mondays absence. 3. Notice of open meeting – Meeting was noticed in accordance with state and local laws. 4. Approve Agenda – Motion by Zapotocny, second by Basten to approve the agenda as presented. Motion passed 5-0. 5. Approve Minutes from 11-21-2019 Plan Commission Meeting – Motion by Lewis, second by Basten to approve the 11-21-2019 as presented. Motion passed 5-0. 6. Citizens Comments – None were received 7. Unfinished Business – None 8. New Business a) Review and Discuss Draft Chapter(s) of the Columbus Comprehensive Plan – Staff reviewed the draft Land Use chapter for the Comprehensive Plan. Staff noted that the discussion at this meeting will review the past trends to approximate how much land will be used over the next 20 years. Staff indicated that the next step was to begin the mapping exercise using land use classifications reviewed at the meeting. 9. Adjourn - Motion by Parpart, second by Lewis to adjourn the meeting at 7:53. Motion passed 4-0 Respectfully Submitted, Matt Schreiber Minutes City of Columbus Community Development Authority Monday January 20, 2020 6:30 PM Columbus City Hall Council Chambers 1. Call to Order – Meeting was called to order at 6:31 PM 2. Determination of Quorum – Thom, Meyers, Nicholas, Davis, Lyons and Reid were present. Schreiber staffed the meeting. 3. Notice of Posted Meeting – Meeting was noticed in accordance with state and local laws. 4. Approve Agenda – Motion by Thom, second by Davis to approve the agenda as presented. Motion passed 6-0. 5. Approve Minutes from 12-16-2019 Meeting – Motion by Meyers, second by Reid to approve the 12-16- 2019 minutes as presented. 6. Citizen Comments - None 7. Unfinished Business – None 8. New Business a. Review and discuss City Loan Fund Program – Staff provided an overview of the Draft Loan Manual. The CDA reviewed and make several edits the loan manual. Staff reviewed the current application form and noted that the application form will be revised for the next meeting. b. Review and discuss City Façade Program – Staff reviewed the draft Façade program. Staff indicated that more work is needed to complete the framework for this program. The next step is to develop a guideline and application process. 9. Adjournment – Motion by Lyons, second by Meyers to adjourn at 8:39 PM Respectfully Submitted, Matt Schreiber, Director of Planning and Development RESOLUTION NO. 2-20 A RESOLUTION TO RECOGNIZE VARIOUS BUDGET AMENDMENTS TO THE 2019 OPERATING BUDGETS – MULTIPLE FUNDS. WHEREAS, the City Council acted to adopt the 2019 operating budgets for all funds on December 2, 2018, and WHEREAS, during the year 2019 events occurred that impacted the originally adopted budgets, and WHEREAS, budget amendments can assist in creating a more accurate historical record of activity in the various Funds, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Columbus does hereby authorize the amendments as listed in Exhibit “A” to the 2019 operating budget for those funds as listed. Dated ____ of ________________, 2020. CITY OF COLUMBUS _____________________________________ Michael Thom, Mayor Attest: ______________________________ Patricia Goebel, City Clerk Published: _____________________ 2020 AGENDA ITEM Committee of the Whole Meeting date: _____________March 3 2020__________ Council Meeting date: _____March 16 2020___________________ ITEM: __ Sewer Utility Decommissioned Blower Sale (JC Cross Offer to Purchase) DETAILED DESCRIPTION OF SUBJECT MATTER: Consider offer from JC Cross Inc. to purchase three decommissioned Sludge Holding Tank Blowers. The blowers were replaced as part of the 2019 sludge holding tank improvement project. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Offer to purchase from JC Cross Inc. ACTION REQUESTED OF COUNCIL: Approve sale to JC Cross Inc. of three decommissioned blowers. CITY OF COLUMBUS FOR MEETING OF: Committee of the Whole – 03/03/2020 REQUEST FROM/DEPARTMENT: Sewer Utility AGENDA ITEM/REQUEST: Discuss and consider Engagement Letter for 2020 Sewer Rate Study. *************************************************** DESCRIPTION AND SCOPE OF PROJECT/ITEM WITH KEY ISSUES NOTED: Per the Utility’s Clean Water Fund (CWF) bond covenants the Utility is required to do a rate study every two years to ensure that the rates charged are enough to not only cover the day to day operational costs but more importantly to the CWF the debt payments. With the upcoming borrowing it is important that the rate study be done in a timely manner to ensure that the new rates, as approved by Council, will be in effect to generate needed income for the utility. In the Request for Proposals for audit firms the City did include the rate study as part of the bid requirements. Bid results year ending 2019: $9,200 Audit $7,500 Rate Study BUDGET AND FINANCING INFORMATION: Account #: 600-577000-219 Department/Title: Sewer; Professional Services; Audit Current Budget: $16,700.00 LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Engagement Letter from Baker Tilly Virchow Krause, LLP ACTION REQUESTED: To approve moving this forward to the Council meeting 03/17/2020 to approve the engagement letter. February 21, 2020 Baker Tilly Virchow Krause, LLP Ten Terrace Ct; PO Box 7398 Madison, WI 53707-7398 United States of America Ms. Kim Manley, Finance Director T: +1 (608) 249 6622 City of Columbus - Columbus Sewer Utility F: +1 (608) 249 8532 105 N. Dickason Street Columbus, WI 53925-0192 bakertilly.com Dear Kim: Thank you for using Baker Tilly Virchow Krause, LLP ("Baker Tilly", "we" or "our") as your accountants and business advisors. The purpose of this letter is to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide to City of Columbus - Columbus Sewer Utility (the "Company"). Services and Related Report We will compile, from information management provides, the Companies' forecasted balance sheet as of December 31, 2020, and for the year then ending, including the related summaries of significant assumptions and accounting policies, in order to develop forecasted 2020 sewer rates (''forecast''). Upon completion of our compilation of the forecast, we will provide the Company with our accountants' compilation report. If, for any reasons caused by or relating to the affairs or management of the Company, we are unable to complete our compilation of your forecast, or if we determine in our professional judgment the circumstances necessitate, we may withdraw and decline to issue a report as a result of this engagement. The forecast is not intended to be a forecast of financial position, changes in net position, or cash flows in accordance with Generally Accepted Accounting Principles ("GAAP"). This report will be prepared for the development of rates before the counciland should not be used for any other purpose. A financial forecast presents, to the best of management’s knowledge and belief, the Company's expected results of operations, and plant balances for the financial forecast period 2020. It is based on management’s assumptions reflecting conditions it expects to exist and the course of action it expects to take during the forecast period Not only is a timely review of the utility's present sewer rates necessary to comply with the DNR's Clean Water Fund Loan requirements of a bi-annual review, but it is also necessary to ensure existing rates are providing sufficient revenues to meet the operating and debt service needs of the utility.. Sewer Rate Study The following steps were developed for completing a sewer rate study in order to be as efficient as possible, yet allow time for adequate review. These steps include: 1. Obtain historical information, confirm significant assumptions regarding growth and costs, summarize and classify non-routine plant additions and forecast consumption for the 2020 test year. 2. Compile forecast of statements of income, summary of significant assumptions and other related forecast schedules from information supplied by management for the 2020 test year to support the rate study. 3. Prepare a cost of service study allocating the components of the revenue requirement to rate the design parameters (volume, strength, and fixed). Baker Tilly Virchow Krause, LLP trading as Baker Tilly is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. © 2018 Baker Tilly Virchow Krause, LLP Ms. Kim Manley, Finance Director City of Columbus - Columbus Sewer Utility February 21, 2020 Page 2 4. Develop proposed rates based upon the cost of service study and management directions. 5. Provide draft study to management for their review. Incorporate management’s comments into study. 6. Meet with the governing body to review the study. 7. Prepare the final rate study and provide assistance with implementation of the new rate structure. Our Responsibilities and Limitations The objective of our compilation engagement is to apply accounting and financial reporting expertise to assist you in the presentation of the financial forecast based on management’s assumptions without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial forecast in order for it to be in accordance with guidelines for presentation of a financial forecast established by the AICPA. We will conduct our compilation engagement in accordance with Statements on Standards for Accounting and Review Services ("SSARS") promulgated by the Accounting and Review Services Committee of the AICPA and comply with the AICPA’s Code of Professional Conduct, including the ethical principles of integrity, objectivity, professional competence, and due care. A compilation of a financial forecast differs significantly from an examination of financial forecast. A compilation does not contemplate performing analytical procedures, obtaining an understanding of the entity’s internal control, assessing risks of material misstatement, tests of accounting records, or other procedures ordinarily performed in an examination. We are not required to, and will not, verify the accuracy or completeness of the information you will provide to us for the engagement or otherwise gather evidence for the purpose of expressing an opinion or a conclusion. Accordingly, we will not express an opinion or a conclusion or provide any assurance on the financial forecast. In order for us to complete the engagement, management must provide assumptions that are appropriate for the financial forecast. If the assumptions provided are inappropriate and have not been revised to our satisfaction, we will be unable to complete the engagement, and, accordingly, we will not issue a report on the financial forecast. Our engagement cannot be relied upon to identify or disclose any misstatements in the financial forecast, including those caused by fraud or error, or to identify or disclose any wrongdoing within the entity or noncompliance with laws and regulations, and, because of the limited nature of our work, detection is highly unlikely. However, we will inform the appropriate level of management of any material errors, evidence that fraud may exist, illegal acts, or noncompliance with laws or regulations that come to our attention, unless they are clearly inconsequential. We have no responsibility to identify and communicate deficiencies in your internal control as part of this engagement. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. The compilation will be planned and conducted with the understanding it will be used for the development of rates by the council and should not be used by any other parties or for any other purpose. Nevertheless, items of possible interest to the previously specified party may not be specifically addressed and matters may exist that would be assessed differently by the previously specified party. Ms. Kim Manley, Finance Director City of Columbus - Columbus Sewer Utility February 21, 2020 Page 3 The compilation will not be planned or conducted in contemplation of reliance by any other specific third party or with respect to any specific transaction. Therefore, items of possible interest to a third party will not be specifically addressed and matters may exist that would be assessed differently by a third party, possibly in connection with a specific transaction. Management's Responsibilities The engagement to be performed is conducted on the basis that you acknowledge and understand that our role is to assist you in developing the presentation of the financial forecast in accordance with guidelines for presentation of a financial forecast established by the AICPA. You have the following overall responsibilities that are fundamental to our undertaking the engagement in accordance with SSARS: 1. The selection of the accounting principles applied in the preparation of the financial forecast. 2. The preparation and presentation of the financial forecast in accordance with guidelines for presentation of a financial forecast established by the AICPA, the inclusion of all informative disclosures that are appropriate for the forecast under those guidelines, and the development of assumptions that reflect your plans and expectations regarding events and circumstances for the financial forecast period2020. 3. The design, implementation, and maintenance of internal control relevant to the preparation and presentation of the financial forecast and that it is free from material misstatement whether due to fraud or error. 4. The prevention and detection of fraud. 5. To ensure that City of Columbus - Columbus Sewer Utility complies with the laws and regulations applicable to its activities. 6. The accuracy and completeness of the records, documents, explanations, and other information, including significant judgments, you provide to us for the engagement. 7. To provide us with—  Access to all information of which you are aware is relevant to the presentation of the financial forecast, such as records, documentation, and other matters.  Additional information that we may request from you for the purpose of the compilation engagement.  Unrestricted access to persons within City of Columbus - Columbus Sewer Utility of whom we determine it necessary to make inquiries. Ms. Kim Manley, Finance Director City of Columbus - Columbus Sewer Utility February 21, 2020 Page 4 Our Report As part of our engagement, we will issue a report that will state that we did not examine or review the financial forecast and that, accordingly, we do not express an opinion, a conclusion, nor provide any assurance on it. It will also state that (1) there will usually be differences between the forecasted and actual results because events and circumstances frequently do not occur as expected, and those differences may be material; and (2) we have no responsibility to update the report for events and circumstances occurring after the date of the report. There may be circumstances in which the report differs from the expected form and content. You agree to include our compilation report in any document containing the financial forecast that indicates that we have performed a compilation engagement on the financial forecast and, prior to inclusion of the report, to ask our permission to do so. Reproduction of the Financial Forecast If you intend to reproduce or publish the financial forecast, and make reference to our firm name in connection therewith, you agree to publish the financial forecast in its entirety. In addition, you agree to provide us, for our approval and consent, proofs before printing, and final materials before distribution. With regard to the electronic dissemination of the financial forecast, including forecasted financials published electronically on your internet website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Ownership of Workpapers The documentation for this engagement, including the workpapers is the property of Baker Tilly and constitutes confidential information. We may have a responsibility to retain the documentation for a period of time sufficient to satisfy any applicable legal or regulatory requirements for records retention. If we are required by law, regulation or professional standards to make certain documentation available to Regulators, the Company hereby authorizes us to do so. Timing and Fees Completion of our work is subject to, among other things, (i) appropriate cooperation from Company's personnel, including timely preparation of necessary schedules, (ii) timely responses to our inquiries and (iii) timely communication of all significant presentation, accounting and financial reporting matters. When and if for any reason the Company is unable to provide such schedules, information and assistance, Baker Tilly and you may mutually revise the fee to reflect additional services, if any, required of us to complete the compilation. Revisions to the scope of our work will be communicated to you and may be set forth in the form of an "Amendment to Existing Engagement Letter". In addition, if we discover compliance issues that require us to perform additional procedures and/or provide assistance with these matters, fees at our standard hourly rates apply. Ms. Kim Manley, Finance Director City of Columbus - Columbus Sewer Utility February 21, 2020 Page 5 Invoicing for services will be issued in three installments; the first upon commencement of engagement planning/preliminary fieldwork, the second upon commencement of year-end fieldwork, and the third upon delivery of the audit report. Fees are payable upon presentation. A charge of 1.5 percent per month shall be imposed on accounts not paid within thirty (30) days of receipt of our statement for services provided. In accordance with our firm policies, work may be suspended if your account becomes thirty (30) days or more overdue and will not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notice of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination. We estimate that our fees for these services as $7,500 for the compilation. In addition to our professional fees, expenses for direct engagement support including travel and subsistence, production of reports, and other direct engagement expenses will be billed separately at our cost and stated separately on our invoices. The fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the compilation. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our fees, as summarized above, are based upon the current Statements on Standards for Accounting and Review Services that have been issued and are effective as of the date of this letter. Should additional accounting or auditing standards be issued subsequent, to or become effective for the periods covered by this engagement, our estimated fees may be adjusted accordingly. Unless otherwise specified and agreed upon in writing, our services do not include any services related to the implementation of Accounting Standards Codification (''ASC'') 606, Revenue From Contracts with Customers or ASC 842, Leases. We may use temporary contract staff to perform certain tasks on your engagement and will bill for that time at the rate that corresponds to Baker Tilly staff providing a similar level of service. Upon request, we will be happy to provide details on training, supervision and billing arrangements we use in connection with these professionals. Additionally, we may from time to time, and depending on the circumstances, use service providers (e.g., to act as a specialist or compile an element of the financial statements) in serving your account. We may share confidential information about you with these service providers, but are committed to maintaining the confidentiality and security of your information. Any additional services that may be requested and we agree to provide will be the subject of a separate engagement letter. We may be required to disclose confidential information to federal, state and international regulatory bodies or a court in criminal or other civil litigation. In the event that we receive a request from a third party (including a subpoena, summons or discovery demand in litigation) calling for the production of information, we will promptly notify the Company, unless otherwise prohibited. In the event we are requested by the Company or required by government regulation, subpoena or other legal process to produce our engagement working papers or our personnel as witnesses with respect to services rendered to the Company, so long as we are not a party to the proceeding in which the information is sought, we may seek reimbursement for our professional time and expenses, as well as the fees and legal expenses, incurred in responding to such a request. Resolution of Disagreements In the unlikely event that differences concerning services or fees should arise that are not resolved by mutual agreement, both parties agree to attempt in good faith to settle the dispute by mediation administered by the American Arbitration Association ("AAA") under its mediation rules for professional accounting and related services disputes before resorting to litigation or any other dispute-resolution procedure. Each party shall bear their own expenses from mediation. Ms. Kim Manley, Finance Director City of Columbus - Columbus Sewer Utility February 21, 2020 Page 6 If mediation does not settle the dispute or claim, then the parties agree that the dispute or claim shall be settled by binding arbitration. The arbitration proceeding shall take place in the city in which the Baker Tilly office providing the relevant services is located, unless the parties mutually agree to a different location. The proceeding shall be governed by the provisions of the Federal Arbitration Act ("FAA") and will proceed in accordance with the then current Arbitration Rules for Professional Accounting and Related Disputes of the AAA, except that no pre-hearing discovery shall be permitted unless specifically authorized by the arbitrator. The arbitrator will be selected from AAA, Judicial Arbitration & Mediation Services ("JAMS"), the Center for Public Resources or any other internationally or nationally-recognized organization mutually agreed upon by the parties. Potential arbitrator names will be exchanged within fifteen (15) days of the parties’ agreement to settle the dispute or claim by binding arbitration, and arbitration will thereafter proceed expeditiously. The arbitration will be conducted before a single arbitrator, experienced in accounting and auditing matters. The arbitrator shall have no authority to award non-monetary or equitable relief and will not have the right to award punitive damages. The award of the arbitration shall be in writing and shall be accompanied by a well-reasoned opinion. The award issued by the arbitrator may be confirmed in a judgment by any federal or state court of competent jurisdiction. Each party shall be responsible for their own costs associated with the arbitration, except that the costs of the arbitrator shall be equally divided by the parties. The arbitration proceeding and all information disclosed during the arbitration shall be maintained as confidential, except as may be required for disclosure to professional or regulatory bodies or in a related confidential arbitration. In no event shall a demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim would be barred under the applicable statute of limitations. Our services shall be evaluated solely on our substantial conformance with the terms expressly set forth herein, including all applicable professional standards. Any claim of nonconformance must be clearly and convincingly shown. Limitation on Damages and Indemnification The liability (including attorney’s fees and all other costs) of Baker Tilly and its present or former partners, principals, agents or employees related to any claim for damages relating to the services performed under this Engagement Letter shall not exceed the fees paid to Baker Tilly for the portion of the work to which the claim relates, except to the extent finally determined to have resulted from the willful misconduct or fraudulent behavior of Baker Tilly relating to such services. This limitation of liability is intended to apply to the full extent allowed by law, regardless of the grounds or nature of any claim asserted, including the negligence of either party. Additionally, in no event shall either party be liable for any lost profits, lost business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages, delays or interruptions arising out of or related to this Engagement Letter even if the other party has been advised of the possibility of such damages. As Baker Tilly is performing the services solely for your benefit, you will indemnify Baker Tilly, its subsidiaries and their present or former partners, principals, employees, officers and agents against all costs, fees, expenses, damages and liabilities (including attorney's fees and all defense costs) associated with any third-party claim, relating to or arising as a result of the services, or this Engagement Letter. Because of the importance of the information that you provide to Baker Tilly with respect to Baker Tilly’s ability to perform the services, you hereby release Baker Tilly and its present and former partners, principals, agents and employees from any liability, damages, fees, expenses and costs, including attorney's fees, relating to the services, that arise from or relate to any information, including representations by management, provided by you, Company personnel or agents, that is not complete, accurate or current. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Engagement Letter are material bargained for bases of this Engagement Letter and that they have been taken into account and reflected in determining the consideration to be given by each party under this Engagement Letter and in the decision by each party to enter into this Engagement Letter. Ms. Kim Manley, Finance Director City of Columbus - Columbus Sewer Utility February 21, 2020 Page 7 The terms of this section shall apply regardless of the nature of any claim asserted (including, but not limited to, contract, tort or any form of negligence, whether of you, Baker Tilly or others), but these terms shall not apply to the extent finally determined to be contrary to the applicable law or regulation. These terms shall also continue to apply after any termination of this Engagement Letter. You accept and acknowledge that any legal proceedings arising from or in conjunction with the services provided under this Engagement Letter must be commenced within twelve (12) months after the performance of the services for which the action is brought, without consideration as to the time of discovery of any claim. Other Matters Neither this Engagement Letter, any claim, nor any rights or licenses granted hereunder may be assigned, delegated, or subcontracted by either party without the written consent of the other party. Either party may assign and transfer this Engagement Letter to any successor that acquires all or substantially all of the business or assets of such party by way of merger, consolidation, other business reorganization, or the sale of interest or assets, provided that the party notifies the other party in writing of such assignment and the successor agrees in writing to be bound by the terms and conditions of this Engagement Letter. Our dedication to client service is carried out through our employees who are integral in meeting this objective. In recognition of the importance of our employees to Baker Tilly, it is hereby agreed that the Company will not solicit our employees for employment or enter into an independent contractor arrangement with any individual who is or was an employee of Baker Tilly for a period of twelve (12) months following the date of the conclusion of this engagement. If the Company violates this non solicitation clause, the Company agrees to pay to Baker Tilly a fee equal to the hired individual's annual salary at the time of the violation so as to reimburse Baker Tilly for the costs of hiring and training a replacement. Baker Tilly Virchow Krause, LLP, trading as Baker Tilly, is an independent member of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity and each describes itself as such. Baker Tilly Virchow Krause, LLP is not Baker Tilly International’s agent and does not have the authority to bind Baker Tilly International or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly Virchow Krause, LLP, nor any of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited. This Engagement Letter constitutes the entire agreement between the Company and Baker Tilly regarding the services described in this Engagement Letter and supersedes and incorporates all prior or contemporaneous representations, understandings or agreements, and may not be modified or amended except by an agreement in writing signed between the parties hereto. The provisions of this Engagement Letter, which expressly or by implication are intended to survive its termination or expiration, will survive and continue to bind both parties. If any provision of this Engagement Letter is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provision, but if the remainder of this Engagement Letter shall not be affected by such declaration or finding and is capable of substantial performance, then each provision not so affected shall be enforced to the extent permitted by law or applicable professional standards. If because of a change in the Company status or due to any other reason, any provision in this Engagement Letter would be prohibited by, or would impair our independence under laws, regulations or published interpretations by governmental bodies, commissions or other regulatory agencies, such provision shall, to that extent, be of no further force and effect and this agreement shall consist of the remaining portions. Ms. Kim Manley, Finance Director City of Columbus - Columbus Sewer Utility February 21, 2020 Page 8 This agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to the provisions relating to conflict of laws. We appreciate the opportunity to be of service to you. If there are any questions regarding the Engagement Letter, please contact Jodi Dobson, the engagement partner on this engagement who is responsible for the overall supervision and review of the engagement and for determining that the engagement has been completed in accordance with professional standards. Jodi Dobson is available at 608 240 2469. Sincerely, BAKER TILLY VIRCHOW KRAUSE, LLP The services and terms as set forth in this Engagement Letter are agreed to by: __________________________________________________ Officer signature __________________________________________________ Mayor __________________________________________________ Date 2020 AGENDA ITEM 03/03/2020 Committee of the Whole Meeting date: _______________________ 03/17/2020 Council Meeting date: _____________________ ITEM: Revision _________of Cable Ordinance DETAILED DESCRIPTION OF SUBJECT MATTER: Request from the Cable Commission to revise ORD.735.17. Changes are in the attached documents and include: • Lessening the commission from 6 to 5 members, removing the need for a member from the Water and Light Commission • Removing the need for the commission's secretary to be a member of the commission • Adding the word "annually" in 1.(d)(1) • Changing verbiage in 1.(d)(2) from "Lead Cable Coordinator" to "Media Coordinator" • Removing "Review and develop a master plan for the use of public access channels" from 1.(d)(3) due to redundancy. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Markup copy of Ordinance ORD.735.17 ACTION REQUESTED OF COUNCIL: Approve ORD.735.17 as revised. CITY OF COLUMBUS ORDINANCE NO. 735 – 17 AN ORDINANCE TO REPEAL AND RECREATE SECTION 26-1 OF THE CITY CODE OF ORDINANCES CREATING THE COLUMBUS CABLE COMMISSION The Common Council of the City of Columbus, Columbia County, Wisconsin does hereby ordain as follows: 1. Section 26-1, Columbus Cable Commission is repealed and recreated to now read as follows: (a) Purpose. The Columbus Cable Commission is hereby established for the purpose of providing public access programming and production and programming on public access channels as well as providing community residents with a resource for communicating with their peers and elected representatives through video programming. (b) How Constituted. The Columbus Cable Commission shall consist of 6 5 members. One member shall be a member of the Common Council, one member shall be a member of the Columbus Water & Light Commission, one member shall be appointed by the Columbus School Board, and the remaining three members shall be residents of the City of Columbus. The Commission shall elect by majority vote of its members a Chair, Vice-Chair and Secretary, who need not be a member, at its meeting in June each year. (c) Terms. The Common Council representative shall be appointed annually by the Mayor, subject to confirmation by the Common Council at its first meeting of May in each year. The Water & Light Commission shall appoint its member on an annual basis at its first meeting of May in each year. The Columbus School Board shall appoint its member on an annual basis at its first meeting of May in each year. The Mayor shall appoint the three citizen members, subject to confirmation by the Common Council at its first meeting of May in each year. Of the initial citizen members, one shall serve a one- year term, one shall serve a two-year term, and one shall serve a three-year term. All appointees thereafter shall serve for three-year terms. Any member may be appointed for consecutive terms. (d) Duties. The Cable Commission shall prepare and maintain a budget based on franchise fees received by the City. The Commission shall allocate all franchise fee revenues as it deems necessary to provide public access programming and to assist production and programming on the public access channels. In addition, the Commission shall have the following duties: C:\Users\pgoebel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XTOFS4V5\ORD.735.17 Cable Commission.docxF:\DOCS\WD\53481\6\A2839425.DOCX (1) Review and develop a master plan annually for use of the public access channels in council chambers and review needed upgrades to the equipment in the Council chambers and other facilities. (2) Review and provide input to the City Administrator on job descriptions for the Lead CableMedia Coordinator and other cable employees, and participate in interviewing of potential cable employees and independent contractors, if requested by the City Council or the City Administrator. (3) Review and develop a master plan for the use of public access channels. Develop policies regarding the use of public access channels and make recommendations to the City Administrator and the City Council regarding the same. (4) Review and recommend programming to be funded by cable revenues. (5) Solicit and receive public input regarding public access services. (6) Investigate any task delegated to it by the City Administrator or the City Council. 2. Severability. If any portion of this Ordinance or its application on any person or circumstances is held invalid, the validity of this Ordinance as a whole or any other provision herein or its application shall not be affected. 3. Effective Date. This Ordinance shall take effect immediately upon its passage and publication. Adopted this _ 31___ day of __ July__, 2017. CITY OF COLUMBUS By: _______/s/___________________ Michael Thom, Mayor By: _______/s/___________________ Patricia Goebel, Acting City Clerk C:\Users\pgoebel\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XTOFS4V5\ORD.735.17 Cable Commission.docxF:\DOCS\WD\53481\6\A2839425.DOCX 2019 AGENDA ITEM Committee of the Whole Meeting date: _ March 3_ ____ ______ Council Meeting date: ______ _____________________________ ITEM: __ Review & discuss the Access Easement for Sennview Farms to cross the City owned lands north of the Wastewater Treatment Plant DETAILED DESCRIPTION OF SUBJECT MATTER: At the February 17th meeting staff presented the timeline to begin work on a recreational area north of the Wastewater Treatment Plant in 2020. One of the first steps is to update the Access Easement so Sennview Farms can cross our property to get to their land that is east of the Crawfish River. Currently this is the only way for Sennview Farms to access their land east of the river. Attached is a draft Access Easement that was prepared by the City Attorney. Reukert Mielke will sent a survey crew to the property to develop the legal description for the easement. When the legal description is completed the Access Easement will be signed by both parties and Sennview Farms will be responsible for recording the Easement with the Dodge County Register of Deeds LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Draft Access Easment ACTION REQUESTED OF COUNCIL: Review & discuss the Access Easement for Sennview Dairy to cross the City owned lands north of the Wastewater Treatment Plant DECLARATION OF INGRESS/EGRESS EASEMENT RE: Lot 1, CSM 1480 recorded with the Dodge County Register of Deeds on August 31, 1982, in Volume 10 of Certified Survey Maps, page 133 as Document #651016 (hereinafter “the Property”). Declaration made this ____ day of ___________________, 2020, by the City of Drafted by and Return To: Columbus, a Wisconsin Municipal Corporation Paul A. Johnson Boardman & Clark LLP PO Box 256 (hereinafter “Columbus”). Lodi, WI 53555 WHEREAS, Columbus is the owner of 211-1013-1833-009 the Property identified above; and Parcel Identification Number(s) WHEREAS, Sennview Farms Inc (hereinafter “Sennview”) is the owner of property described as tax parcel # 014-1013-1833-008 in the Town of Elba, Dodge County, WI (“hereinafter Sennview Property”) and has requested from Columbus an Easement for Ingress and Egress for reasonable pedestrian and vehicular traffic, including farm equipment, over the Property as provided in this Declaration in order to access the Sennview Property from River Road. NOW, THEREFORE, it is hereby declared by Columbus as follows: 1. The Easement previously granted to Sennhenn by deed recorded as document Number 676077 is hereby terminated. 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 A (“the Easement Area”). 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. Columbus also reserves the right to adjust the actual location of the Easement Area, at the sole expense of Columbus, if Columbus needs the land in which the existing Easement Area lies. 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 its sole expense, 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 its sole expense, 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 Columbus for any loss, damage or injury to persons or property arising from the use of the Easement Area. 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, their heirs, successors and assigns. The terms of this Easement are intended to run with the land in perpetuity. 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 Farms Inc hereby accepts the terms and conditions of this Declaration of Easement. SENNVIEW FARMS INC By: __________________________ William Sennhenn, President 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 Lodi, WI 53555 3 2019 AGENDA ITEM Committee of the Whole Meeting date: _ March 3_ ____ ______ Council Meeting date: ______ _____________________________ ITEM: __ Review & discuss agreement with Sennview Farms regarding the city owned lands north of the Wastewater Treatment Plant DETAILED DESCRIPTION OF SUBJECT MATTER: At the February 17th meeting, staff presented a timeline to develop a recreational area on the lands north of the Wastewater Treatment Plant. One Milestone identified by the timeline is to develop an agreement with Sennview Farms to terminate the last year of the lease for the lands north of the Wastewater Treatment Plant. In exchange for Sennview Farms would complete a deep till of the land this spring. The proposed agreement with Sennview farms was prepared by the city attorney and is enclosed in the packet. By executing this agreement, it will allow the city to start work on the recreational area in 2020. Per the timeline presented on 2-17-2020, upcoming council meetings will review an MOU with the Oddfellows to develop a butterfly garden, develop a site plan for the recreational area, and name the recreational area. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Sennview Farms Agreement ACTION REQUESTED OF COUNCIL: Review & discuss the agreement with Sennview Farms regarding the city owned lands north of the Wastewater Treatment Plant AGREEMENT This Agreement made and effective the ____ day of _____________, 2020, by and between the City of Columbus, a Wisconsin Municipal Corporation (hereinafter “Columbus”) and Sennview Farms Inc. (hereinafter “Sennview”) as follows: 1. Farm Lease. Columbus and Sennview are currently parties to a Farm Lease concerning approximately 3.8 acres of tillable land located on the east side of River Road north of the wastewater treatment plant in the Town of Elba, Dodge County, Wisconsin (hereinafter “the Property”). The Lease is scheduled to expire on December 1, 2020. 2. Termination of Lease. By executing this Agreement, Columbus and Sennview agree that the Lease referenced in paragraph 1 above shall be terminated at the end of the 2019 growing season as defined in section 3 b. below. 3. Consideration. In consideration of the termination of the Lease between Columbus and Sennview, the parties agree as follows: a. Columbus waives receipt of the second installment of the 2019 rent payment and any and all rent remaining due from Sennview pursuant to the terms of the Lease. Further, Columbus grants Sennview and Sennview Dairy LLC an Access Easement over the land owned by Columbus so that Sennview and Sennview Dairy LLC can access land owned by Sennview on the other side of the Crawfish River. b. In the spring of 2020, Sennview shall do a deep till of the Property, and then vacate the Property. 4. Easement. The Easement from Columbus to Sennview Farms Inc is set forth on the attached Exhibit A. Dated this ____ day of _______________, 2020. CITY OF COLUMBUS SENNVIEW DAIRY LLC By: __________________________ By: __________________________ Michael Thom, Mayor William Sennhenn, Member By: __________________________ Patricia Goebel, Clerk G:\Administration\PLANNING & ZONING\Projects- Site Plan Review - Plan Commission Applicants\Riverwalk-Butterfly Garden\agreement with sennview farms revised 013020 (A3685398x9DEB4).docx

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