Committee of the Whole Meeting Packets

COLUMBUS COMMON COUNCIL COMMITTEE OF THE WHOLE AGENDA TUESDAY, MARCH 21, 2023 – 6:40 PM COLUMBUS CITY HALL 1. Roll Call 2. Notice of Open Meeting 3. Approve Agenda 4. Citizen Comments 5. Department Reports: • DPW, Fire, Library, Police, Treasurer, WWTP 6. Discuss Beautification Advisory Board Projects – Paula Steiner, Chair 7. Discuss RFP Discussion for City Properties 8. Review Street Closing Request to use Fireman’s Park for a Run/Walk event – May 3 9. Review & discuss SMFA – Tower Drive 10. Review & discuss City Hall Roofing Proposal 11. Convene to closed session per §19.85(1)(e) deliberating or negotiating the purchase of public properties, the investment of public funds, or conducting other public business, whenever competitive or bargaining reasons require a closed session, specifically to discuss TID 6 Conceptual Project, Review Agreement for Commerce Center Lot 5, discuss lease for 1149 W James St, Midwestern LLC 12. Convene to closed session per § 19.85(1)(c) to consider employment, promotion, compensation, or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, specifically discuss Administrator’s review and review draft language clarification in Administrator’s contract 13. Adjourn  Columbus Public Works / Monthly Department Report / February 2023 Daily/Weekly/Monthly Operations • Pavilion & Community Center rentals (before and after) weekly cleanings. • Christmas Tree collection every Monday of every full week in January. • Processed daily/weekly/monthly work orders for City departments as requested. • Weekly service of City garbage cans and all dog waste stations throughout City. • Equipment maintenance and repairs as needed. • Street sweeping as weather and temps permitted. (Temps above 28 degrees). • Tree removals as needed. • Pothole patching as needed. • Processing of street opening, sidewalk, driveway, and other permits. • Process all utility locate requests. • Took calls from and processed, inspected or responded to citizen complaints & concerns. • Normal daily/weekly/monthly processing of appliance & bulk item drop offs at DPW. • Prepared and processed all DPW deposits. • Competed all flag lowering orders as received. • Completed bulk pickups throughout City as requested, scheduled, and paid for. Additional Director & Admin. Assistant Operations • Attend various Development Team, Department Head, Council, Public Works Staff meetings. • Finalizing order for new DPW small dump truck. Need final approval from Council. • Working with City Engineer to finalize Folsom Street 2023 construction project. • Still waiting on approvals for completed and submitted ATV/UTV permits from State and County. • Developing information for 2023 sidewalk repairs.  • Developing street candidate lists for 2023 street maintenance program. • Coding of all DPW invoices and purchase orders from vendors. • Weekly communications with City Administrator. • Upload and process all DPW time management scanners and complete monthly reports. • Worked with City Administrator to update and renew annual Tree City USA. • Updated and renewed Honor Tree materials (flyers, vendors, price sheets, etc.) • Updated and renewed Arbor Day materials (proclamation, scheduled date, etc.). Coordinating with other City departments to plan the Arbor Day event. Additional DPW Operations • Snow plowing, removal, and salting operations as needed. • Three snow emergencies declared for month of February. Five total in 2023. • Supply ordering as needed. • Snow route and snow equipment training for employees. • DPW equipment repairs and preventative maintenance as needed. • Monthly parks & playground equipment inspections. • Dam inspections biweekly. Water level inspections biweekly. • Monthly safety inspections of City buildings. • Schedule Cemetery Secretary as needed. • Mark graves for internment as needed. • City buildings cleaning, organizing, and repairs as needed. • Cleaning of DPW facility as needed.  CITY COUNCIL REPORT FOR MARCH 21, 2023 MEETING LEVEL OF STAFFING - AS OF 02/28/2023 27 Paid on Call Firefighters - Non-Probationary Members 9 Paid on Call Firefighters - Probationary Members 1 Fire Chief 37 Total Active Members 3 Vacant Firefighter Positions 0 Hiring Process 0 Eligibility List Full staff level for active fire personnel is 40  INCIDENT RESPONSES February 2023 Alarm End City Rural # of Run # Alarm Date Time Time Incident Location Incident Incident Incident Type F.F. 23-020 02/02 22:32 00:31 W742 Riverview Rd X Chimney Fire 10 23-021 02/03 08:30 08:37 516 River Road, #2 X EMS Assist 1 23-022 02/03 11:22 11:34 633 W James St X EMS Assist 3 23-023 02/07 07:10 07:30 445 Waterloo St X EMS Assist 5 Fire – False 23-024 02/11 18:33 19:08 1164 Farnham St X 14 Alarm 23-025 02/13 14:06 16:15 100 Continental Dr X Vehicle Fire 14 23-026 02/19 08:22 09:00 110 Stuart St X EMS Assist 9 23-027 02/21 21:56 22:50 552 W School St X EMS Assist 8 151 North near 112 23-028 02/22 13:44 15:30 X MVA 8 MM 15 Parkview Circle 23-029 02/26 15:58 16:15 X EMS Assist 7 #12 23-030 02/26 21:27 00:15 W564 Pete Reak Rd X Structure Fire 10 Current Monthly Total: 11 Total Runs by Month: Jan 19 July Feb 11 Aug Mar Sep Apr Oct May Nov June Dec Year to date total 30 Last Year at this time 30  TRAININGS, MEETINGS, AND COMMUNITY ACTIVITIES FEBRUARY 2023 02/01 Training – Crash Investigation Team – Beaver Dam FD – 6 Firefighters 02/04 Training – Intro to Wildland – Adams Friendship DNR – 6 Firefighters 02/06 Meeting – Training Division – 3 Firefighters Meeting – Inspection – 5 Firefighters Training – Occupational Trauma – Cedarburg FD – FF Kallas 02/07 Training – MATC Waunakee – Engine/Pumper Operator – FF N. Olson Training – Occupational Trauma – Cedarburg FD – FF Kallas Training – Ice Rescue – FF K. Killian and FF Peterson Training – Ice Rescue – 22 Firefighters 02/08 Training – MATC – Poynette Fire Department – Entry Level Firefighter – 5 Firefighters Training – Occupational Trauma – Cedarburg FD – FF Kallas 02/12 Training – MATC – Poynette Fire Department – Entry Level Firefighter – 3 Firefighters 02/13 Meeting – Officers – 10 Firefighters 02/14 Training – MATC Waunakee – Engine/Pumper Operator – FF N. Olson Training – Firefighter Skills Fun Night – 23 Firefighters Meeting – Regular Monthly – 23 Firefighters Meeting – Equipment Division – 2 Firefighters 02/15 Training – MATC – Poynette Fire Department – Entry Level Firefighter – 5 Firefighters 02/18 Training – Drone – FF Olson and FF Retzlaff Training – MATC - Waunakee – Engine/Pumper Operator – FF N. Olson Training – MATC – On Line – FF Lamont and FF Pergande Training – Fond du Lac – NFA Incident Safety Officer – FF Lamont 02/19 Training – Fond du Lac – NFA Incident Safety Officer – FF Lamont 02/20 Training – MATC – On Line – Fire Officer 2 – 4 Firefighters 02/21 Meeting – Apparatus Division Training - MATC Waunakee – Engine/Pumper Operator – FF N. Olson 02/24 Training – Sun Prairie - National Fire Academy – New Chief Challenging Issues – FF Fox 02/25 Training – MATC – On Line – Fire Officer 1 – FF Lamont and FF Pergande Training - Sun Prairie - National Fire Academy – New Chief Challenging Issues – FF Fox Training - MATC Waunakee – Engine/Pumper Operator – FF N. Olson 02/27 Training – MATC – On Line – Fire Officer 2 – 4 Firefighters Meeting – Truck Meeting – 7 Firefighters 02/28 Training - MATC Waunakee – Engine/Pumper Operator – FF N. Olson Training – Railroad 101 Safety – 24 Firefighters  ITEMS OF NOTE FOR FEBRUARY As noted in the month of February, we are up to 37 members on the roster. The trainings are up, one reason for this is that the probationary members are taking Entry-Level Firefighter class right now, then they can do interior firefighting. We have another member taking state certification training for pumper/operator, two officers taking Officer 1, and 4 officers taking Officer 2. Department trainings are being well attended by members, and with having a Training Division and Training Committee, the trainings are better prepared, structured, and documented. We have been entering the documentation into our software program with better description of the training, what members did, which is required for state audits showing what each member has been participating in. We have adjusted our training requirements to make it a little easier to meet, while also having setup a policy holding members accountable for not at least meeting minimum training requirements. Columbus has started meeting with other members in the area (Columbia, Dane, Jefferson, and Dodge Counties), with Captain Tim Delaney heading that committee up. They meet to talk about recruitment & retention, what others departments are doing, possible invites to bring other departments together in trainings, etc. It started out slow, but gaining more attendance each month, Tim has been doing a fabulous job doing this and deserves all the credit he is due for his efforts. We are getting closer in determining which bid we will go with for the replacement of Engine 92 (the blue engine), which is a 50/50 truck. We have 3 applications into the AFG Grant program, which federal pays 95% and the city and/or rural would pay 5%. The grants are below for what we applied for, using a grant writer to assist us in getting these. 1. 3000 Gallon Water Tanker – Under Rural Group, would replace Tender 94, 1500 gallons. 2. Radios – portable for officers, and mobile radios for trucks. This replaces old radios, and the ability to communicate with Dane County on a monitored channel, vs. how we communicate now. If we are I a call in Dane county, and there is one of our firefighters that go down or gets lost in the building and calling a MayDay, currently he may not be heard when radio traffic is heavy. And applying for interoperability reasons. We went together with Pardeeville and Doylestown Fire to make it a regional grant. 50/50 3. SCBA Breathing Air Compressor – Applying for this again, as ARPA funds for this were delayed and could not continue to wait. Our current compressor does not fill our SCBA air cylinders, causing a very real danger of firefighters not having enough air to operate in IDLH atmospheres. The station is getting very cramped and cost prohibitive to maintain, and hope that there is discussion sooner than later to start the process of a new fire station and training tower. Most realize we need a bigger station, but some are saying we do not need a training tower. My answer to that is, we do not get as many fires as in the past, and getting a house to drill firefighters in firefighting environments are few, if any. By the time the owners find out the cost of asbestos inspection and removal, they decide to tear it down. So, it is even more of a priority to build a fire training center that CFD and possibly neighboring departments can train in to keep up their skills. All it takes is one mistake in a fire which could cause the loss of firefighters, telling us we do not need this without doing the research is not an answer. I would like the opportunity to at least start working on designing a new station so there is plenty of planning, this should be done by fire personnel for design ideas, they know what is needed for the community. With the sale of the parking lot at Old Countryside, the area left is not worth building a station for the future, no longer big enough for a station, training tower, and parking. Scott Hazeltine – Columbus Fire Chief  February 2023 DIRECTOR’S REPORT LIBRARY NEWS Amy Berry has resigned from her position as library assistant and wishes to thank everyone for the support over the past nine years. The new window shades at the library have been installed and are working really well for the space. The annual report for 2022 has been completed and statistics show we have seen an increase in library visits, checkouts, and program attendance over the previous year. The City is working on a policy and plans to archive all social media sites on behalf of all of the departments in the city, including the library. PROGRAMS The Winter Reading Program, “Spellbound! Get spellbound by a good book!” had 66 active readers. Of those participants, 29 completed the challenge. Participants read 32,198 minutes and completed 146 activities. The Mid-Winter Medieval Family Fun Day was a success with 55 people joining in the fun. Take-and-Make Crafts along with an instructional video to make a Skeleton Key Bookmark were offered in the beginning of February. There were 47 kits picked up within the first two weeks of the month. BUILDINGS Mechanical Inc. dba Helm Service out of Waukesha, came to the Annex to investigate the strong sewage smell and inspect the buildings. They put water in all of the traps that were dry. Staff had been pouring water in the traps, but we missed the following traps: furnace in the attic, dishwasher, shower and bathtub in upper apartments, and two drains in the basement that we were unaware of. They resealed the vent stack to stop a water leak. The plumber attached the bathroom from downstairs to the vent stack which was previously vented into the attic causing moisture problems. The plumber also capped off an unused pipe in the basement. Columbus Water and Light sent us a letter informing us that the Lead Level from the Annex water sample was 23.8 ug/L. The ‘Action Limit’ for Lead Levels in Wisconsin, as set forth by the DNR, is 15 ug/L. We will be placing a water cooler in the Annex for drinking water until filters can be installed. Our elevator was recently inspected and it was found that the emergency phone is not working properly. Perhaps the phone or the phone line was damaged when the library had the power surge from the lightning strike. DIRECTOR GOALS I am currently focusing on my goals for Strategic Planning and Building Updates. Exit signs for the Annex have been installed and we have fixed all of the issues on the fire inspection.  January 2023 MONTHLY PROGRAMS In-Person In-Person Virtual Virtual Take & Make (# programs) (# views) & Live Virtual & Live Virtual (# kits taken) (# programs) (# attended) Future Readers 0 0 14 201 5 Children 0 0 3 77 0 Teen 0 0 1 7 0 Adult 0 0 11 90 0 2023 2023 2022 2022 STATISTICS Month YTD YTD Total Visits (# door counts) 4,967 4,967 3,066 55,474 Items Borrowed (total) 4,334 4,334 4,192 53,701 % Columbus residents 54% 55% % Fall River residents 11% 10% % Other Columbia County 20% 21% % Dodge County 11% 10% % Other 4% 4% Digital Items Borrowed (# checkouts) 1,211 1,211 1,384 12,984 Books by Mail (# items sent) 18 18 29 193 Public WiFi (# sessions) 4,771 4,771 5,962 68,502 Public Computer Use (# sessions) 192 192 172 2,380 Wireless Printing & Faxing (# jobs) 86 86 30 761 Community Use of Rooms (# attended) 91 91 5 518 Patrons Added (# added) 19 19 17 255  COLUMBUS POLICE DEPARTMENT 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) March 15, 2023 Mayor Arnold Members of the Common Council Columbus Police and Fire Commission: RE: POLICE DEPARTMENT ACTIVITY REPORT, FEBRUARY 2023 Attached is the monthly report for the Columbus Police Department. Please feel free to contact me at any time if you have questions. Chief Dennis Weiner www.cityofcolumbuswi.com Dennis R. Weiner, Chief of Police  COLUMBUS POLICE DEPARTMENT 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) PERSONNEL The department is fully staffed. Current staffing as of March 15, 2023: Authorized by Budget Actual Sworn Officers Full-time sworn police positions: 10 10 (Position breakdown) Patrol Officer 6 6 Sergeant 1 1 Lieutenant 2 2 Chief 1 1 Clerical Office Manager (full-time) 1 1 Clerk (full-time) 1 1 Current personnel: Name Date of Hire Chief Dennis Weiner 02/18/2008 Lieutenant Roger Witthun 12/17/2001 Lieutenant Darrel Ward 09/19/2022 Sergeant Mike Rosecky 12/30/2022 Officer Matt Schultz 12/23/2002 Officer Kelly Towne 02/02/2004 Officer Dillon Donahue 05/13/2020 Officer Julia Knoll 01/03/2022 Officer Brian Johnson 01/07/2022 Officer Matt Dammen 01/03/2023 Office Manager Erika Kellar 02/04/1999 Public Safety Clerk Bonnie Langsdorf 09/30/2006 www.cityofcolumbuswi.com Dennis R. Weiner, Chief of Police  COLUMBUS POLICE DEPARTMENT 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) TRAINING: Officers attended a 1 day Active Threat training with all other agencies in the county. The training was repeated 4 times over 2 weeks so everyone could attend. It was held at the Rusch Elementary School in Portage, which is no longer used by the district. It provided for a real life training environment. BODY CAMERA UPDATE: Everything is in place and ready to go on our end. The body camera vendor is remotely installing software on the new server and will spend 1 day here programming the cameras, squads and training staff. We hope to be live by the end of this month, but we are at the mercy of the vendor’s schedule. MUNCIPAL COURT UPDATE: On March 1, 2023 I made the necessary changes on our system and we began issuing citations for the Eastern Columbia County Joint Municipal Court (ECCJMC). The first court date there is May 10. This will make a large first docket for the ECCJMC, but lighten the docket for the last Columbus Municipal Court session on April 19 so there will be fewer cases needing resolution, such as those on that date that plead not guilty or are held open. I have also had dialogs with Judge Breunig and Clerk Schmitt of the ECCJMC regarding various things, including which violations should be marked as mandatory appearances (set by judge by statue), juvenile appearances, truancy, truancy- parental responsibility, and assigned court times. I expect this transition to be seamless. We were with the ECCJMC prior to 2019 and little operationally has changed. TRAFFIC /WINTER PARKING ENFORCEMENT: During February 2023, officers issued 84 traffic citations, 141 warnings and 15 municipal ordinance citations. SNOW EMERGENCY CITATIONS: February 8/9: 19 February 16/17: 13 February 22/23: 5 CALLS OF INTEREST: We investigated a sensitive crime that led to a search warrant being executed at a residence in Columbus. The search warrant yielded child pornography and drugs. These drugs included marijuana, ecstasy (MDMA), hallucinogenic mushrooms and THC wax. This case also involved another jurisdiction a few counties away, as the suspect has a residence there and spends time here. The other agency also recovered child pornography from the suspects primary residence. The investigation continues. Officers investigated a violent domestic abuse that included battery and strangulation. The suspect was arrested and jailed on several charges. A traffic stop for an equipment violation resulted in an officer finding marijuana, cocaine and drug paraphernalia in the vehicle. The suspect was arrested and jailed for several drug related charges. His drivers license was also suspended and he was cited for that. www.cityofcolumbuswi.com Dennis R. Weiner, Chief of Police  COLUMBUS POLICE DEPARTMENT 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) In a 4 day period at the end of February and into the first days of March, we handled 3 Chapter 51 mental commitments. These are persons who mental health crisis workers have determined are a danger to themselves or others. These calls involve a substantial amount of officer dedicated time that takes them out of service. From start to finish can easily be an 8- 12 hours. It involves assessment, a decision by crisis workers, lab work and medical clearance, communication with the facility to officially agree to accept the person, and transport. One of these 3 necessitated a 2 officer transport due to behavior. These persons are transported to Winnebago Mental Health Institute in Oshkosh, which is a secure facility. An officer attempted to stop a vehicle for a traffic violation and high speed pursuit ensued. It went into East Bristol. The officer terminated it on Hwy VV east of USH 151. Following the pursuit we were able to identify the vehicle. The investigation continues. Columbus Police Department Total CAD Calls Received, by Nature of Call 1 Nature of Call Total Calls Received ----------------------------- -------------------- 911 HANG UP 25 ACCIDENT HIT AND RUN 1 ACCIDENT PROPERTY DAMAGE ONLY 2 ASSIST ANOTHER AGENCY 4 BURGLAR ALARM 2 MEDICAL ALARM 1 PANIC ALARM 2 ANIMAL COMPLAINTS 7 ANIMAL BITE 1 MENTAL HEALTH COMMITMENT 2 CHILD CUSTODY 1 CHILD SEXUAL ASSAULT 1 CITIZEN ASSIST 7 CIVIL 3 COMPLIANCE CHECKS 2 CONTROLLED 5 CRIMINAL DAMAGE TO PROPERTY 2 DISORDERLY CONDUCT 5 DEATH INVESTIGATION 3 DISABLED VEHICLE 11 DOMESTIC ABUSE 3 DOMESTIC WITH INJURY 1 DRIVING COMPLAINT 20 ELUDING 1 EMS CALL 16 EXTRA PATROL 46 GENERAL FIRE 1 VEHICLE FIRE 1 FLEET MAINTENANCE 3 FOOT PATROL 1 FRAUD 1 www.cityofcolumbuswi.com Dennis R. Weiner, Chief of Police  COLUMBUS POLICE DEPARTMENT 159 S. Ludington St. Columbus, WI. 53925 920-623-5919 (Main) 920-623-5930 (Fax) HARASSMENT 1 ROAD HAZARD 1 HOUSE WATCH 3 JUVENILE INCIDENT 7 KEEP THE PEACE 1 CALL IN LOBBY 1 LOST AND FOUND 2 NOISE COMPLAINT 2 OPEN DOOR 3 ORDINANCE VIOLATION 1 OWI 6 PARKING ENFORCMENT 5 PARKING VIOLATION 4 SECURITY 121 SLIDE OFF 1 SPECIAL EVENT 3 SQUAD DAMAGE 1 SUSPICIOUS 10 THEFT 2 TRAFFIC CONTROL 7 TRAFFIC STOP 167 TRAINING 1 TRANSIENT 1 TRUANCY 2 VEH LOCKOUT 3 VIOLATION OF PROBATION/PAROLE 1 WELFARE 15 ------------------------------------------------------------------------ Total Calls: 553 www.cityofcolumbuswi.com Dennis R. Weiner, Chief of Police  Synopsis of Wastewater Department Activities February 2023 Columbus Wastewater department was 100% in compliance for the month of February. Duties and activities for February: • Weekly/daily lab tests for: BOD, TSS, PO4, Nh3, pH, DO tests complete. • Enter all data. • Submit WiDNR- DMR report for January • Decanting and pressing sludge throughout the month • Work on updating all spreadsheets with new sewer use fees. • Preparing DNR applications for new farmland for spreading • Work on prepping for upcoming treatment plant projects • Exercise LS Generators • Snow Plowing • All regular preventive maintenance complete • Billing for, Fall River and Ottery • Maintenance and checks on lift stations • Ken Priesgen attended CDL truck driving school.  City of Columbus Februay 2023 Time Activity Report Total Hours Plant Operation 600-577200-111 Laboratory 98 Plant OP Mgmt 30 Process Control 41 Treatment Plant 600-577230-111 Treatment plant Mgmt 36 TP Maintenace/Repair 16 Bio-Solids Processing 600-577250-111 Bio solids Management 31 Hauling 4 Dewatering 20 Bio Solids Maintenace/Repair 4 Collection System 600-577210-111 Collection System Management12 Collection System Repairing 1 Flowing Monitoring 0 Jetting 1 Televising 3 Projects WWTP 41 Locates WWTP 5 Lift Stations 600-577220-111 Lift stations Maintenace/Repair 3 Cleaning 0 LS Management 9 Buildings and Ground 600-577240-111 Building Maintenance 29 Cleaning 8 Painting 0 Lighting 0 HVAC 0 Yard Maintenance 0 Mowing 0 Buildings mgmt 0 Training 600-577000-191 Training 66 458  Katie Ken Tony Laboratory 903.67 548.70 1463.20 Plant OP Mgmt 825.09 0.00 0.00 Process Control 903.67 36.00 36.58 Treatment plant Mgmt 550.06 96.00 146.32 TP Maintenace/Repair 0.00 48.00 219.48 Bio solids Management 353.61 0.00 109.74 Hauling 0.00 0.00 146.32 Dewatering 157.16 24.00 402.38 Bio Solids Maintenace/Repair 0.00 0.00 146.32 Collection System Management 78.58 0.00 146.32 Collection System Repairing 0.00 0.00 0.00 Flowing Monitoring 0.00 0.00 0.00 Jetting 0.00 0.00 0.00 Televising 0.00 0.00 0.00 Projects WWTP 0.00 180.00 475.54 Locates WWTP 0.00 12.00 73.16 Lift stations Maintenace/Repair 0.00 24.00 36.58 Cleaning 0.00 0.00 0.00 LS Management 117.87 12.00 182.90 Building Maintenance 0.00 24.00 695.02 Cleaning 0.00 48.00 73.16 Painting 0.00 0.00 0.00 Lighting 0.00 0.00 0.00 HVAC 0.00 0.00 0.00 Yard Maintenance 0.00 0.00 0.00 Mowing 0.00 0.00 0.00 Buildings mgmt 0.00 0.00 0.00  2023 AGENDA ITEM Committee of the Whole Meeting date: __March 21, 2023_________ Council Meeting date: ____________ ITEM:_Discussion of RFP potential for City Properties_ DETAILED DESCRIPTION OF SUBJECT MATTER: Recently there have been discussions over land the City has acquired and how the land will or might be used. While the question is relatively straightforward, much of the work done in the past several years makes the answer somewhat complicated. The City has taken steps to consider the need and implications of future developments, and how the City should address the list of public facility needs that have developed over decades. These studies and references have different focuses, but collectively there is relevant and useful information that provides guidance for the City. As it stands the City has needs, resources, opportunities and options. The City should be thoughtful to progress in the manner that best maximizes our opportunities, preserves our options, minimizes the need for resources and serves our needs. Ideally, that process invites a variety of outside parties to propose their uses for certain properties that the City has, while the City considers which combination of uses and partnerships might yield the greatest overall benefit. Typically this is done through a Request for proposal process that solicits proposals in a controlled and competitive fashion, allowing the City to compare many opportunities within the same timeframe. Roadmap 2050 “The Roadmap 2050 project was initiated in 2018 to evaluate and plan upgrades or replacements of critical city facilities, including City Hall, the Public Library, the Senior Center, the Community Center, the Police Station, the Fire Station, and the Public Works campus.” Typically discussed in another order, I think it is important in this instance to first discuss the limitations of the Study and how they arrived at their conclusions on affordability and achievability. One of the most concerning areas of the Roadmap 2050 report was the significant reliance on borrowing and the accumulation of debt that would match historic highs while also planning for growth of 3% over time. “The 3% target requires a focus on attracting growth, including building new residential units every year and continuing to attract commercial and industrial development. That isn’t to say, however, that a 1.3% growth rate (as seen over the prior decade) renders these projects impossible. The impact of a 1.3% growth rate is that the City would get closer to bumping up against the statutory 5% debt limit more often and would need to push back some of the later projects by a couple years to avoid exceeding that limit. Discomfort about that level of debt could result in additional delays to some projects.” To achieve the goals of the Roadmap 2050 plan, the City will require sustained growth, a reduction of the abnormally high percentage of the land within the City that is assessed as agricultural or undeveloped, or a significant shift in funding and services. As it relates to our building deficiencies, the two highest priorities are the Public Works campus and the Fire Station, in that order. The current public works facility has been in a flood plain since the FEMA flood maps were revised early in 2016. The authors wrote that, “Most concerning, the entire site is in the floodway, disabling and damaging it when it is needed to respond to flooding events.” The study also noted that “The City should watch for viable site opportunities and be ready to acquire the land at any time. Development of the new site could occur in stages if necessary.” Locating the public works campus was suggested at, “a different, larger, higher site..” to include a 32,000 square foot heated building and 3,200 square feet of unheated space located on approximately 6-8 acres. When discussing the Fire Station, they recommended a 21,000 square foot facility to replace our current facility of 11,600 square feet. A previous Council purchased commercial land on James Street that they suggested could be used as a Fire Station, although there have been no specific or detailed plans developed since that purchase. The Study recommended, “Exploration of a regional fire district is recommend before the facility program and budget are finalized.” Currently the City and Rural Fire Group share certain vehicle expenses and share costs for calls in the rural area. What is not shared is the cost and maintenance of the station, so prior to the City committing to building a new Fire Station, it will be important to work with our partners so we can identify a method that provides each group what we need to share the costs equally for all taxpayers. There has not been appreciable progress in this area. Comprehensive Plan The City of Columbus has adopted a Comprehensive Plan, which serves as a guide to the physical, social, and economic development of the City. Among the areas specifically detailed in this plan is housing: The Goals for housing in the City of Columbus Comprehensive Plan are to: “Provide a variety housing types to meeting existing housing needs and encourage future growth within the City of Columbus” In pursuit of that goal, the Comprehensive plan identifies the following Objectives: 1. Create attractive and safe neighborhoods that reinforce the existing architectural character of the City and provide a stable tax base. 2. Create mixed neighborhoods that provide a range of housing types, densities, and costs. 3. Ensure that residential developments are built and maintained according to levels deemed safe by industry standards. Realities of current growth pattern The lack of land available for building homes is well known in the community, and has several implications to consider. First is the simple impact of growth on the community and tax base. The Roadmap 2050 study is based significantly on growth, but we are unlikely to meet their 3% goal, or even maintain their 1.3% minimum given the current conditions. This certainly impacts the ability to address facilities, but there are other issues to consider. As we maintain our current infrastructure and services, costs naturally rise, squeezing the services we provide and potentially leading to service reductions if the situation continues for long enough. Another concern is that as our employers compete for a skilled and reliable workforce, it can become increasingly challenging for them to grow or even maintain the employees they have without bringing potential workers into the community with a place to live. On the consumer side of the equation, each of our businesses feed off of a customer base, and some of them are particularly sensitive to the local population and number of potential customers that may visit their business. Limiting housing and residents also limits business visibility and growth potential. ACTION REQUESTED OF COUNCIL: Give staff direction if there are any actions they should take regarding City property  CITY OF COLUMBUS FOR MEETING OF: March 21, 2023 REQUEST FROM/DEPARTMENT: Recreation working with the Columbus High School AGENDA ITEM/REQUEST: End Suicide Walk / Run, Street closing request *************************************************** From CHS: CHS CARES (Compassion Advocacy and Resources to End Suicide) is a peer-to-peer group at Columbus High School whose focus is to advocate for students who are looking for confidential support when struggling with a mental health issue. The group was put into place a few years ago when one student wanted to find a way to help Columbus students with any mental health challenges. The group's members are not counselors, but are trained to listen and then refer students in need to adults and other resources for help. The goal of the group this year is to raise awareness of the club, not only to the high school student population, but our whole district and the community of Columbus. The group has learned of the statistics surrounding suicide and mental health challenges in our own population, and they wanted to do something that would be fun and destigmatize mental health. Our group is known for the green bandanas that are tied to backpacks. This indicates that they are a safe person to go to if someone is looking for a nonjudgmental and confidential peer for support. They decided to have a color run for the district and the community. The run will be held on May 3 in the afternoon in one-hour increments among school buildings and the Columbus community. There will be signs along the route with messages of kindness, empathy (for all walkers) and statistical information about mental health and suicide prevention (for the older students/community), as well as informational signs that explain what CHS CARES is all about. We are excited to put together this event, with the help of the city of Columbus. Enclosed is the route within Fireman’s Park to be held on May 3, 2023. DESCRIPTION AND SCOPE OF PROJECT/ITEM WITH KEY ISSUES NOTED: PREVIOUS ACTION TAKEN (IF APPLICABLE): BUDGET AND FINANCING INFORMATION: Account #: _________________________ Department: __________________________ Acct. # Approved Budget: ______________ Current Balance in Acct #: ________________ Remaining Balance in Acct #: _______________ (after approval)  2023 AGENDA ITEM Committee of the Whole Meeting date: _3/21/2023__________ Council Meeting date: ___4/3/2023____________ ITEM:_Approve State Municipal Agreement Tower Drive_ DETAILED DESCRIPTION OF SUBJECT MATTER: In 2022, the City applied for funds under the Bipartisan Infrastructure Law. Project eligibility was limited in scope, but were funded at 80% grant funds and 20% local share. The City was awarded funds to replace the pavement on Tower Drive from Faith Drive to Hwy K, with a total project cost estimated at $903,852. The City’s share at that level would be $191,964. This project is scheduled for State fiscal year 2025. The first step in the process is to sign the State Municipal Agreement for the project. The DOT said they sent this out in December, but our email system does not show receipt of this, and we had to reach out to DOT to check the status ourselves. That being said, they are anxious to receive our signed agreement so we can move on to the next phase of the project. Because this is funded with federal dollars, including the design work, we will need to conduct a QBS process to select to most qualified engineering firm to design the project on a competitive basis. That process will be forthcoming. LIST ALL SUPPORTING DOCUMENTATION ATTACHED:  DOT Letter  STATE/MUNICIPAL AGREEMENT FOR A STATE- LET STP-URBAN PROJECT ACTION REQUESTED OF COUNCIL: Approve the State/Municipal Agreement WisDOT Division of Transportation System Development Governor Tony Evers Southwest Region – La Crosse Office Secretary Craig Thompson 3550 Mormon Coulee Road wisconsindot.gov La Crosse, WI 54601 Telephone: (608) 789-7879 FAX: (608) 785-9969 Email: robert.winterton@dot.wi.gov December 22, 2022 MARY ARNOLD MAYOR CITY OF COLUMBUS 105 NORTH DICKASON BOULEVARD COLUMBUS, WI 53925 Ms. Arnold: Enclosed for signature is the project agreement for the following project that has approved funds in the FFY 2023-2026 Bipartisan Infrastructure Law (BIL) STP-Urban Program. Project I.D.: 6217-01-02/72 City of Columbus, Tower Drive Faith Drive to CTH K Please sign and return one (1) copy of the agreement. Electronic signatures are acceptable. Return the copy of the agreement by e-mail to the Department with signatures by Friday, February 3, 2023 to this address: michael.erickson@dot.wi.gov Note the cost ratios for each project phase and any federal/state funding limits which may exist. The Municipality is responsible for the entire cost of non-participating items as well as any costs which exceed the funding limits, if applicable. An agreement is not considered fully approved unless it has been approved by both the Municipality and the State, and it is not considered fully executed unless a fully approved copy has been returned to the Municipality. The Municipality and its consultants (or any other parties hired by the Municipality) MUST NOT begin work on a federal/state-funded project phase until the State has provided notice of project authorization. Any such work would be ineligible for federal/state funding. Authorization will coincide with the currently scheduled year that is stated in the agreement. Our office will be working with the local sponsor as we move forward with these design and construction projects. Della Koenig is the Local Program Project Manager (LPPM) for these projects, and you can contact her at: (608) 246-7963 or della.koenig@dot.wi.gov . If you have any questions regarding the agreement or need an extension to the submittal date, please call me at (608) 789-7879 or e-mail robert.winterton@dot.wi.gov. Sincerely, Robert Winterton Robert Winterton, P.E. Local Programs Engineer – SW Region  Date: December 22, 2022 STATE/MUNICIPAL AGREEMENT I.D.: 6217-01-02/72 FOR A STATE- LET STP-URBAN PROJECT Road Name: Tower Drive Limits: Faith Drive to CTH K County: Columbia Roadway Length: 0.28 miles Program Name: STP-Urban Functional Classification: Collector Population Group: 5,000 - 20,000 Sub-program #: 206 Project Sponsor: City of Columbus Cycle: FFY 2023-2026 BIL The signatory, City of Columbus, hereinafter called the Municipality, through its undersigned duly authorized officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the State, to initiate and effect the highway or street improvement hereinafter described. The authority for the Municipality to enter into this agreement with the State is provided by Sections 86.25(1), (2), and (3) and Section 66.0301 of the Statutes. NEEDS AND ESTIMATE SUMMARY: All components of the project must be defined in the environmental document if any portion of the project is federally funded. The Municipality agrees to complete all participating and any non-participating work included in this improvement consistent with the environmental document. No work on final engineering and design may occur prior to approval of the environmental document. Existing Facility - Describe and give reason for request: The existing roadway is a 2-lane Urban Collector. It is a 36-foot wide facility with an urban cross section constructed of asphalt pavement. The roadway was last improved in 2002. The roadway has a pavement rating of 4 with significant transverse and longitudinal cracking. There are existing sidewalks on one side of the roadway and no bicycle accommodations. Proposed Improvement - Nature of work: A pavement replacement project from Faith Drive to CTH K is proposed. The project will be 0.28 miles in length constructed of asphalt pavement with an urban cross section consisting of 12-foot wide travel lanes and 6-foot shoulders. Existing concrete curb & gutter to remain with spot replacement. New sidewalk will be constructed on one side of the roadway and the existing sidewalk with remain with spot replacement. Real estate acquisition is not anticipated. Describe non-participating work included in the project and other work necessary to completely finish the project that will be undertaken independently by the Municipality. Please note that non-participating components of a project/contract are considered part of the overall project and will be subject to applicable federal requirements: Municipal utility adjustments. Page 1 of 8 ID 6217-01-02/72 – SW Region The Municipality agrees to the following FFY 2023-2026 BIL STP-Urban project funding conditions: Project ID 6217-01-02 design costs are funded with up to 80% federal funding up to a funding limit of $79,008. The Municipality agrees to provide the remaining 20% and any funds in excess of the $79,008 federal funding limit. Project ID 6217-00-72 construction costs are funded with up to 80% federal funding up to a funding limit of $632,880. The Municipality agrees to provide the remaining 20% and any funds in excess of the $632,880 federal funding limit. Non-participating costs are 100% the responsibility of the Municipality. Any work performed by the Municipality prior to federal authorization is not eligible for federal funding. The Municipality will be notified by the State that the project is authorized and available for charging. This project is currently scheduled in State Fiscal Year 2025. Sunset date: June 30, 2030. Sunset Date is determined based on the date a project is scheduled to be authorized. Sunset date is calculated as six years from the beginning of the state fiscal year (SFY) in which a project is initially scheduled. Extensions may be available upon approval of a written request by or on behalf of the Municipality to State per WisDOT Change Management policy. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. Extensions may be available upon approval of a written request by or on behalf of the Municipality to State. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. The dollar amounts shown in the Summary of Costs Table below are estimates. The final Municipal share is dependent on the final federal participation, and actual costs will be used in the final division of cost for billing and reimbursement. In no event shall federal funding exceed the estimate of $711,888 in the Summary of Costs Table, unless such increase is approved in writing by the State through the State’s Change Management Policy prior to the Municipality incurring the increased costs. SUMMARY OF COSTS Municipal PHASE Total Est. Cost Federal Funds % Funds % ID 6217-01-02* Design $87,000 $69,600 80% $17,400 20% + BAL State Review $22,752 $9,408 80% $13,344 20% + BAL Project totals $109,752 $79,008 $30,744 ID 6217-01-72** Participating Construction $688,500 $550,800 80% $137,700 20% + BAL Non-Participating Construction $3,000 $0 0% $3,000 100% Construction Engineering $87,000 $69,600 80% $17,400 20% + BAL State Review $15,600 $12,480 80% $3,120 20% + BAL Project totals $794,100 $632,880 $161,220 Total Est. Cost Distribution $903,852 $711,888 N/A $191,964 N/A *Design ID# 6217-01-02 federal funding is limited to $79,008. **Construction ID# 6217-01-72 federal funding is limited to $632,880. Page 2 of 8 ID 6217-01-02/72 – SW Region This request is subject to the terms and conditions that follow and is made by the undersigned under proper authority to make such request for the designated Municipality and upon signature by the State and delivery to the Municipality shall constitute agreement between the Municipality and the State. No term or provision of neither the State/Municipal Agreement nor any of its attachments may be changed, waived or terminated orally but only by an instrument in writing executed by both parties to the State/Municipal Agreement. Signatures certify the content has not been altered by the municipality. Signed for and in behalf of: City of Columbus (please sign in blue ink.) Name Title Date Signed for and in behalf of the State: Name Title Date GENERAL TERMS AND CONDITIONS: 1. All projects must be in an approved Transportation Improvement Program (TIP) or State Transportation Improvement Program (STIP) prior to requesting authorization. 2. Work prior to federal authorization is ineligible for federal funding. 3. The Municipality, throughout the entire project, commits to comply with and promote all applicable federal and state laws and regulations that include, but are not limited to, the following: a. Environmental requirements, including but not limited to those set forth in the 23 U.S.C. 139 and National Environmental Policy Act (42 U.S.C. 4321 et seq.) b. Equal protection guaranteed under the U.S. Constitution, WI Constitution, Title VI of the Civil Rights Act and Wis. Stat. 16.765. The municipality agrees to comply with and promote applicable Federal and State laws, Executive Orders, regulations, and implementing requirements intended to provide for the fair and equitable treatment of individuals and the fair and equitable delivery of services to the public. In addition the Municipality agrees not to engage in any illegal discrimination in violation of applicable Federal or State laws and regulations. This includes but is not limited to Title VI of the Civil Rights Act of 1964 which provides that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The Municipality agrees that public funds, which are collected in a nondiscriminatory manner, should not be used in ways that subsidize, promote, or perpetuate illegal discrimination based on prohibited factors such as race, color, national origin, sex, age, physical or mental disability, sexual orientation, or retaliation. c. Prevailing wage requirements, including but not limited to 23 U.S.C 113. d. Buy America Provision and its equivalent state statutes, set forth in 23 U.S.C. 313 and Wis. Stat. 16.754. e. Competitive bidding and confidentiality requirements set forth in 23 U.S.C 112 and Wis. Stat. 84.06. This includes the sharing of financial data prior to the conclusion of the competitive bid period. f. All applicable Disadvantaged Business Enterprise (DBE) requirements that the State specifies. g. Federal statutes that govern the Surface Transportation Program (STP), including but not limited to 23 U.S.C. 133. h. General requirements for administrating federal and state aids set forth in Wis. Stat. 84.03. Page 3 of 8 ID 6217-01-02/72 – SW Region STATE RESPONSIBILITIES AND REQUIREMENTS: 4. Funding of each project phase is subject to inclusion in Wisconsin’s approved FFY 2023-2026 BIL STP- Urban program. Federal funding will be limited to participation in the costs of the following items, as applicable to the project: a. The grading, base, pavement, and curb and gutter, sidewalk, and replacement of disturbed driveways in kind. b. The substructure, superstructure, grading, base, pavement, and other related bridge and approach items. c. Storm sewer mains necessary for the surface water drainage. d. Catch basins and inlets for surface water drainage of the improvement, with connections to the storm sewer main. e. Construction engineering incident to inspection and supervision of actual construction work (except for inspection, staking, and testing of sanitary sewer and water main). f. Signing and pavement marking. g. New installations or alteration of street lighting and traffic signals or devices. h. Landscaping. i. Preliminary engineering and design. j. State review services. 5. The work will be administered by the State and may include items not eligible for federal participation. 6. As the work progresses, the State will bill the Municipality for work completed that is not chargeable to federal/state funds. Upon completion of the project, a final audit will be made to determine the final division of costs subject to funding limits in the Summary of Costs Table. If reviews or audits show any of the work to be ineligible for federal/state funding, the Municipality will be responsible for any withdrawn costs associated with the ineligible work. MUNICIPAL RESPONSIBILITIES AND REQUIREMENTS: 7. Work necessary to complete the FFY 2023-2026 BIL STP-Urban improvement project to be financed entirely by the Municipality or other utility or facility owner includes the items listed below. a. New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone, telegraph, fire or police alarm facilities, parking meters, and similar utilities. b. Damages to abutting property after project completion due to change in street or sidewalk widths, grades or drainage. c. Detour routes and haul roads. The municipality is responsible for determining the detour route. d. Conditioning, if required and maintenance of detour routes. e. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to the improvement. f. All work related to underground storage tanks and contaminated soils. Page 4 of 8 ID 6217-01-02/72 – SW Region  g. Street and bridge width in excess of standards, in accordance with the current WisDOT Facilities Development Manual (FDM). h. Real estate for the improvement. i. Other 100% Municipality funded items: None 8. The construction of the subject improvement will be in accordance with the appropriate standards unless an exception to standards is granted by State prior to construction. The entire cost of the construction project, not constructed to standards, will be the responsibility of the Municipality unless such exception is granted. 9. Work to be performed by the Municipality without federal funding participation necessary to ensure a complete improvement acceptable to the Federal Highway Administration and/or the State may be done in a manner at the election of the Municipality but must be coordinated with all other work undertaken during construction. 10. The Municipality is responsible for financing administrative expenses related to Municipal project responsibilities. 11. The Municipality will include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in Wis. Stat. 51.01 (5), sexual orientation as defined in Wis. Stat. 111.32 (13m), or national origin. 12. The Municipality will pay to the State all costs incurred by the State in connection with the improvement that exceed federal/state financing commitments or are ineligible for federal/state financing. To guarantee the Municipality’s foregoing agreements to pay the State, the Municipality, through its above duly authorized officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as determined by the State from any moneys otherwise due and payable by the State to the Municipality. 13. In accordance with the State’s sunset policy for STP-Urban projects, the subject FFY 2023-2026 BIL STP- Urban improvement must be constructed and in final acceptance within six years from the beginning of the state fiscal year (SFY) in which a project is initially scheduled. Extensions may be available upon approval of a written request by or on behalf of the Municipality to State. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. 14. If the Municipality should withdraw the project, it will reimburse the State for any costs incurred on behalf of the project. 15. The Municipality will at its own cost and expense: a. Maintain all portions of the project that lie within its jurisdiction (to include, but not limited to, cleaning storm sewers, removing debris from sumps or inlets, and regular maintenance of the catch basins, curb and gutter, sidewalks and parking lanes [including snow and ice removal]) for such maintenance in a manner consistent with reasonable industry standards, and will make ample provision for such maintenance each year. b. Regulate [or prohibit] parking at all times in the vicinity of the proposed improvements during their construction. c. Regulate [or prohibit] all parking at locations where and when the pavement area usually occupied by parked vehicles will be needed to carry active traffic in the street. d. Assume general responsibility for all public information and public relations for the project and to make fitting announcement to the press and such outlets as would generally alert the affected property owners and the community of the nature, extent, and timing of the project and arrangements for handling traffic within and around the project. Page 5 of 8 ID 6217-01-02/72 – SW Region  e. Provide complete plans, specifications, and estimates to State upon request. f. Provide relocation orders and real estate plats to State upon request. g. Use the WisDOT Utility Accommodation Policy unless it adopts a policy, which has equal or more restrictive controls. h. Provide maintenance and energy for lighting. i. Provide proper care and maintenance of all landscaping elements of the project including replacement of any plant materials damaged by disease, drought, vandalism or other cause. 16. It is further agreed by the Municipality that: a. The Municipality assumes full responsibility for the design, installation, testing and operation of any sanitary sewer and water main infrastructure within the improvement project and relieves the state and all of its employees from liability for all suits, actions, or claims resulting from the sanitary sewer and water main construction under this agreement. b. The Municipality assumes full responsibility for the plans and special provisions provided by their designer or anyone hired, contracted or otherwise engaged by the Municipality. The Municipality is responsible for any expense or cost resulting from any error or omission in such plans or special provisions. The Municipality will reimburse State if State incurs any cost or expense in order to correct or otherwise remedy such error or omission or consequences of such error or omission. c. The Municipality will be 100% responsible for all costs associated with utility issues involving the Contractor, including costs related to utility delays. d. All signs and traffic control devices and other protective structures erected on or in connection with the project including such of these as are installed at the sole cost and expense of the Municipality or by others, will be in conformity with such Manual of Uniform Traffic Control Devices as may be adopted by the American Association of State Highway and Transportation Officials, approved by the State, and concurred in by the Federal Highway Administration. e. The right-of-way available or provided for the project will be held and maintained inviolate for public highway or street purposes. Those signs prohibited under federal aid highway regulations, posters, billboards, roadside stands, or other private installations prohibited by federal or state highway regulations will not be permitted within the right-of-way limits of the project. The Municipality, within its jurisdictional limits, will remove or cause to be removed from the right-of-way of the project all private installations of whatever nature which may be or cause an obstruction or interfere with the free flow of traffic, or which may be or cause a hazard to traffic, or which impair the usefulness of the project and all other encroachments which may be required to be removed by the State at its own election or at the request of the Federal Highway Administration, and that no such installations will be permitted to be erected or maintained in the future. f. The Municipality is responsible for any damage caused by legally hauled loads, including permitted oversize and overweight loads. The contractor is responsible for any damage caused to haul roads if the contractor does not obey size and weight laws, use properly equipped and maintained vehicles, and does not prevent spilling of materials onto the haul road (WisDOT Standard Specifications 618.1, 108.7, 107.8). The local maintaining authority can impose special or seasonal weight limitations as defined in Wis. Stat. 349.16, but this should not be used for the sole purpose of preventing hauling on the road. The bid item 618.0100 Maintenance and Repair of Haul Roads (project) is ineligible for federal funding on local program projects as per the State/Municipal Agreement. The repair of damages as a result of hauling materials for the project is the responsibility of the Municipality as specified in the State/Municipal Agreement Terms and Conditions under “Municipal Responsibilities and Requirements.” Page 6 of 8 ID 6217-01-02/72 – SW Region LEGAL RELATIONSHIPS: 17. The State shall not be liable to the Municipality for damages or delays resulting from work by third parties. The State also shall be exempt from liability to the Municipality for damages or delays resulting from injunctions or other restraining orders obtained by third parties. 18. The State will not be liable to any third party for injuries or damages resulting from work under or for the Project. The Municipality and the Municipality’s surety shall indemnify and save harmless the State, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Municipality and its sureties; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect or misconduct of the Municipality or its sureties; or because of any claims or amounts recovered for any infringement by the Municipality and its sureties of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Worker's Compensation Act, relating to the employees of the Municipality and its sureties; or any other law, ordinance, order or decree relating to the Municipality's operations. 19. Contract modification: This State/Municipal Agreement can only be modified by written instruments duly executed by both parties. No term or provision of either this State/Municipal Agreement or any of its attachments may be changed, waived or terminated orally. 20. Binding effects: All terms of this State/Municipal Agreement shall be binding upon and inure to the benefits of the legal representatives, successors and executors. No rights under this State/Municipal Agreement may be transferred to a third party. This State/Municipal Agreement creates no third-party enforcement rights. 21. Choice of law and forum: This State/Municipal Agreement shall be interpreted and enforced in accordance with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein and in any deed executed pursuant to this State/Municipal Agreement are enforceable by an action in the Circuit Court of Dane County, Wisconsin. PROJECT FUNDING CONDITIONS 22. Non-appropriation of funds: With respect to any payment required to be made by the State under this State/Municipal Agreement, the parties acknowledge the State’s authority to make such payment is contingent upon appropriation of funds and required legislative approval sufficient for such purpose by the Legislature. If such funds are not so appropriated, either the Municipality or the State may terminate this State/Municipal Agreement after providing written notice not less than thirty (30) days before termination. 23. Maintenance of records: During the term of performance of this State/Municipal Agreement, and for a period not less than three years from the date of final payment to the Municipality, records and accounts pertaining to the performance of this State/Municipal Agreement are to be kept available for inspection and audit by representatives of the State. The State reserves the right to audit and inspect such records and accounts at any time. The Municipality shall provide appropriate accommodations for such audit and inspection. In the event that any litigation, claim or audit is initiated prior to the expiration of said records maintenance period, the records shall be retained until such litigation, claim or audit involving the records is complete. Page 7 of 8 ID 6217-01-02/72 – SW Region 24. The Municipality agrees to the following FFY 2023-2026 BIL STP-Urban project funding conditions: a. ID 6217-01-02: Design is funded with 80% federal funding up to a funding limit of $79,008, where applicable when the Municipality agrees to provide the remaining 20% and any funds in excess of the $79,008 federal funding limit. This phase includes plan development and state review. The work includes project review, approval of required reports and documents and processing the final Plan, Specification & Estimate (PS&E) document for award of the contract. Costs for this phase include an estimated amount for state review activities, to be funded 80% with federal funding and 20% by the Municipality. b. ID 6217-01-72: Construction: i. Costs for participating construction items are funded with 80% federal funding up to a funding limit of $632,880, when the Municipality agrees to provide the remaining 20%, and any funds in excess of the $632,880 federal funding limit. ii. Non-participating costs for municipal utility adjustments are funded 100% by the Municipality. Costs include construction delivery. iii. Costs for this phase include an estimated amount for state review activities, to be funded 80% with federal funding and 20% by the Municipality. [End of Document] Page 8 of 8 ID 6217-01-02/72 – SW Region  2023 AGENDA ITEM Committee of the Whole Meeting date: _3/21/2023__________ Council Meeting date: ___4/3/2023____________ ITEM:_Review Roofing Quotes for City Hall Roof_ DETAILED DESCRIPTION OF SUBJECT MATTER: Throughout 2022, the Public Works Director, Library Director and Utility Staff made an extended effort to get roofing quotes for several buildings needing roof repairs or replacements, including the roof covering the main portion of City Hall. It was difficult to get interest from multiple firms that were contacted, and we only got quotes for City Hall from a single firm that has also submitted quotes for the Library, Library Annex and Main Utility Administration building. This experience is similar to the experience of the Utility Department, as they were only able to get a quote from one company. The quote from Great Lakes Roofing includes a 15 year labor warranty on the flat roof and a 20 year product warranty. The shingles come with a 2 year labor warranty and a limited lifetime warranty on the product. Staff considered issuing a RFP, but only found a single firm to write specs for the multiple buildings we would include in that type of process. The cost of that service would exceed $40,000, and it seems unlikely we would suddenly find a large number of new bidders that would be interested at a savings that would justify the cost. The total project cost from the quotes given in late December is $116,350. We budgeted $115,000 in the Capital Fund for the project, but will have enough to accommodate this modest overage within the contingency expense line, or potentially from within the Capital Fund itself if other equipment or projects come in under budget. LIST ALL SUPPORTING DOCUMENTATION ATTACHED:  Quotes from Great Lakes Roofing ACTION REQUESTED OF COUNCIL: Approve Roofing project at a cost of $116,350