City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM DECEMBER 10, 2013 6:45 P.M. The Commission on Public Works/Utilities met in regular session, Chair Horn presiding. On roll call: all members present. The minutes of the previous meeting were declared approved. Director of Public Works Flynn reported on two burials at the cemetery, equipment maintenance, picking up branches and trash, straightening headstones, leaf pickup is complete, installing Christmas decorations and winter banners, snow and ice removal from streets, parking lots and sidewalks. The Wisconsin Department of Transportation (DOT) traffic control was here to look at the Hewett Street and Division Street intersection, specifically the right hand turn lane from Hewett Street onto Division Street southbound. It was determined that another loop for controlling the signal may need to be installed next spring. For the time being, they have adjusted the recall time for the signals to change. A water main break on E. Fourth Street by Court Street has been repaired. City Clerk Roehl opened and read the following unleaded motor vehicle fuel and diesel motor vehicle fuel proposals for cents off per gallon: Unleaded Fuel Diesel Fuel Drescher Oil Company 6¢ per gallon 5¢ per gallon Kwik Trip 7¢ per gallon 7¢ per gallon Heartland Cooperative 6½¢ per gallon 6½¢ per gallon Motion Quicker, second Glassbrenner, to recommend to the Common Council to award the three year (2014, 2015, 2016) unleaded motor vehicle fuel contract to Kwik Trip at 7¢ off per gallon. Mayor Mabie abstained. All other members – Aye. Motion carried. Motion Weiers, second Quicker, to recommend to the Common Council to award the three year (2014, 2015, 2016) diesel motor vehicle fuel contract to Kwik Trip at 7¢ off per gallon. Mayor Mabie abstained. All other members – Aye. Motion carried. Motion Mabie, second Neville, to adjourn. All Aye. __________________________________________ Daryn J. Horn, Chair ___________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM DECEMBER 10, 2013 7:00 P.M. The Common Council met in regular session, Mayor Mabie presiding. On roll call: all members present. The Pledge of Allegiance was recited. The minutes of the previous meeting were declared approved. Mayor Mabie reported on the December 10, 2013 meeting of the Police and Fire Commission regarding a closed session for consideration of employment of a police officer, specifically for the offer of employment to a chosen candidate, reconvening into open session to authorize Chief of Police Lindner to provide a final offer of employment to the candidate chosen, if he successfully passes all the required medical testing, and that the remaining candidates remain on an eligibility list. Mayor Mabie reported on the December 10, 2013 meeting of the Personnel Committee regarding: 1) the recommendation that Assistant Clerk-Treasurer Barbara Boyer’s pay rate be increased $1.00 per hour ($11.00 to $12.00) effective December 16, 2013, 2) the recommendation that Wade Urban’s retirement, effective January 8, 2014, be accepted, and to thank him for his 17 years of service to the City Public Works Department, 3) the recommendation to authorize the Director of Public Works to advertise for a Public Works Department employee position requiring a Class B – CDL and having to obtain water and wastewater licenses within 18 months to 2 years after hire, the wage range will be $16 to $17 per hour dependent on qualifications and experience, and the individual must live within 15 miles of the City, and 4) the recommendation that Chapter 14: Employee Access to Medical Records be adopted for inclusion in the employee handbook. Council Member Horn reported on the December 10, 2013 meeting of the Commission on Public Works/Utilities regarding: 1) current activities, 2) the recommendation to award the three year (2014, 2015, 2016) unleaded motor vehicle fuel contract to Kwik Trip at 7¢ off per gallon, and 3) the recommendation to award the three year (2014, 2015, 2016) diesel vehicle fuel contract to Kwik Trip at 7¢ off per gallon. Mayor Mabie declared all reports filed as presented by the City Clerk. Deanna Heiman, Neillsville Area Chamber of Commerce Executive Director, reported on a good turnout for the tree lighting, a Neillsville Improvement Corporation meeting discussing the place making project, clarified that Daniel Schield, dentist, has retired and the Dental Clinic of Marshfield will be seeing his clients at his office here in Neillsville, Marty’s Foods has been sold to Gordy’s County Market with Terry Marty staying on, First Weber Realty will be opening an office at 211 E. Division Street, Body by WM Diana Walter and Amy Melvin will be going in the Curves building, Gowey Title will be taking over Integrity Title, and sad to say, Tracy Selk, Greenleaf Market, will be closing by year-end. Mayor Mabie asked if there were any questions on the Personnel Committee items (1, 2, 3 and 4). Motion Quicker, second Glassbrenner, to accept the recommendation that Assistant Clerk- Treasurer Barbara Boyer’s pay rate be increased $1.00 per hour ($11.00 to $12.00) effective December 16, 2013. All Aye. Motion Horn, second Neville, to accept the recommendation that Wade Urban’s retirement, effective January 8, 2014, be accepted, and to thank him for his 17 years of service to the City Public Works Department. All Aye. Motion Horn, second Neville, to accept the recommendation to authorize the Director of Public Works to advertise for a Public Works Department employee position requiring a Class B – CDL and having to obtain water and wastewater licenses within 18 months to 2 years after hire, the wage range will be $16 to $17 per hour dependent upon qualifications and experience, and the individual must live within 15 miles of the City. All Aye. Motion Quicker, second Neville, to accept the recommendation that Chapter 14: Employee Access to Medical Records be adopted for including in the employee handbook. All Aye. City Clerk Roehl presented Mayor Mabie’s nomination list of polling place officials and voter registration deputies: 1) this represents eight Democratic and seven Republican representatives in the polling place. Their terms of office will be two years, from January 1, 2014 to December 31, 2015. Jana Marden, Janice Mayer, Geri Schoengarth, Eileen Bell, Corrine Witte, Denise Clough, Brent Shoup, Helen Pfeiffer, Jerry Quicker, Arlys Knoop, Sharon Bjerke, Amber Pischer, Joan Hubing, Karen Venne, Eileen Zank, and 2) this represents one Democratic and one Republican voter registration deputy. Their term of office will be two years, from January 1, 2014 to December 31, 2015. Kathy Turner and Carol Schaub. Motion Neville, second Weiers, to accept the Mayor’s nomination list as presented, and appoint them to two-year terms as polling place officials and voter registration deputies respectively (2014-2015). All Aye. Mayor Mabie stated the next agenda item is the City’s motor vehicle ordinance, and he asked the Police Chief to bring it in. Chief of Police Lindner presented Ordinance Section 8-4-8 Junked Vehicles and Appliances on Private Property. In conjunction with the City’s annual spring health tour, the Police Department checks all the cars. Lindner stated he read the City of Bloomington, Minnesota’s ordinance provided by Mr. Fletcher. We have many more than just a few residences who have more than four vehicles. This proposed ordinance would need to be dug into further to see who all it would affect. The Police Department has received no other complaints on the number of vehicles in any yard. Council Member Glassbrenner stated that there are some places that look like junkyards in the City. City Attorney Wachsmuth stated that the City’s current ordinance is not listed as a part of Chapter 9 Offenses and Nuisances. According to the League of Wisconsin Municipalities, the City cannot regulate the number of vehicles unless you can determine a health hazard is in order. Can you distinguish if it is a health hazard. Council Member Glassbrenner stated that Chapter 9 Offenses Against Property Section 9-3-6 Storage of Junk, Etc., Regulated – it looks like if it takes away from the property values, we can do something. If they are operable, fine - but if it doesn’t run. Chief of Police Lindner stated they check to see if it is licensed, and that is the end of it – we don’t make the owner start it up and move it. Ordinance Section 10-1-72 allows for commercial vehicles in residential areas. Council Member Glassbrenner stated that this matter should go to the Planning Commission to go through our ordinances and put some bit into them. The Minnesota ordinance is too restrictive. City Attorney Wachsmuth stated that our bite is citing the individual, and we know how well that has worked. Christopher Fletcher, 321 E. Fourth Street, stated that the City’s ordinance should be under public nuisance, the current ordinance is not being properly enforced – get out, start and drive the vehicles, too many vehicles are a health and safety matter, it should be a concern to emergency responders. Fletcher stated he proposed a motor vehicle ordinance, not a junk vehicle ordinance. City Attorney Wachsmuth stated that four vehicles on a small lot is different than four vehicles on a large lot. Putting a number in an ordinance doesn’t create a health hazard. Fletcher stated that when you pass legislation, you paint with a large brush. What we have now is not working. The first approach is trying for a legislative solution, the second approach is a legal solution. Discussion on what we are looking at here, if you have a bus with a door off that hasn’t run, nuisances as far as junk cars, etc., other determinations need to be made before an informed decision can be made. Richard Hiserman, 402 E. Fourth Street, stated that he is disappointed that no one talked to him first, and angry about the lies told. Hiserman stated that he does not have ten vehicles, and only two of the nine vehicles has he owned for more than five years. None of the vehicles are junk, he collects cars. When he got a letter from the Police chief in the past, he got the vehicle in question running. When he purchased the house, it had three apartments. They can go back in. Mayor Mabie asked if he could see that having so many vehicles can be annoying to the neighbors, we need to define this better, we have other places in the City that have problem vehicles. Sheila Hiserman stated that they also have three sons who live at home and drive. Richard Hiserman stated that he doesn’t appreciate lies being spread. Mr. Fletcher has weeds in his flowerbeds, and he doesn’t like the look of that, either. Motion Neville, second Glassbrenner, to table and refer to the Planning Commission this motor vehicle ordinance matter. All Aye. City Clerk Roehl reported that no bids were received on the 108 W. Fifteenth Street residential lot for sale (former Eisner property). Discussion followed on listing the property with a realtor, waiting for spring to advertise again, or placing a ‘for sale’ sign on the lot. No action taken. Chief of Police Lindner reported on November, 2013 complaints, citations, arrests and investigations. The weekly citations mailed to Amy Symington, owner of the burned out house at 303 W. Fifteenth Street, have been returned undeliverable. We have to find her to deliver them now. 7:46 P.M. – Council Member Horn left the meeting. Hotel/Motel Room Tax Permit Application: O’Neill Manor, LLC, Julie Counsell, Agent, 824 Hewett Street Motion Quicker, second Glassbrenner, to grant. All Aye. Combination Cigarette and Soda Water License Application: Gordy’s Neillsville Foods, Inc., Gordy’s County Market, Richard Schafer, Agent, 320 E. Division Street Motion Glassbrenner, second Quicker, to grant. All Aye. Soda Water License Application: Schmitty’s on Main, LLC, Schmitty’s on Main, Darla Harder, Agent, 436 Hewett Street Motion Neville, second Glassbrenner, to grant. All Aye. Motion Weiers, second Quicker, that bills on City Vouchers Nos. 1121 to 1163 in the amount of $111,816.88 be paid. All Aye. Motion Neville, second Weiers, to adjourn. All Aye. __________________________________________ Steven J. Mabie, Mayor ___________________________________ Rex R. Roehl, Clerk ************