City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM JUNE 23, 2015 6:45 P.M. The Commission on Public Works/Utilities met in regular session, Chair Quicker 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, mowing and weed eating cemetery and parks, trash pickup, watering flowers, pressure washing the Schuster Park tennis court, cleaning Listeman Arboretum trails, mowed eight residential lots, hauled brush and compost, working on street lighting, cleaning storm drains, street sweeping, cleaned up a large maple tree from the boulevard our contractor removed, started painting street lines, saw cutting patches for street repair, the Grand Avenue reconstruction project is 90% complete with curb and gutter, driveway approaches and sidewalk sections done and backfilling behind curbs and driveways almost done, with pavement shaping next. Motion Mabie, second Glassbrenner, that Water bills Nos. 123 to 145 in the amount of $115,340.69 and Sewer bills Nos. 127 to 149 in the amount of $85,944.01 be paid. All Aye. Motion Counsell, second Neville, to adjourn. All Aye. __________________________________________ Jerry L. Quicker, Chair ___________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM JUNE 23, 2015 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 June 16, 2015 meeting of the Planning Commission regarding: 1) discussion and recommendation to approve a Zoning Amendment for Parcel No. 261.1309.000 (a vacant lot on Court Street just north of the former Golden Eagle Restaurant) rezoning it from Residential (R-1) to Commercial Highway (CH), and 2) discussion on and recommendation to approve a Conditional Use Permit for Parcel Nos. 261.1309.000 and 261.1310.000 for a retail store (Dollar General) in a Commercial Highway (CH) district at 111 E. Division Street (the former Golden Eagle Restaurant). Council Member Glassbrenner reported on the June 18, 2015 meeting of the Neillsville Community Fire Hall Board regarding: 1) payment of bills, 2) building maintenance, 3) approved the insurance renewal without terrorism coverage, and 4) re-election of officers and committee appointments. Council Member Neville reported on the June 18, 2015 meeting of the Heritage Days Committee regarding: 1) financial report, 2) update on the Miss Neillsville contest, 3) update on movie night, 4) discussion on golf outing, games and activities, signs and banners, beverages, shirts, and give-aways. Council Member Quicker reported on the June 23, 2015 meeting of the Commission on Public Works/Utilities regarding: 1) current activities, and 2) payment of bills. Mayor Mabie declared all reports filed as presented with the City Clerk. City Attorney Wachsmuth read the following resolution. RESOLUTION NO. 578 RESOLUTION OPPOSING CHANGES TO THE ROOM TAX LAW INSERTED INTO THE STATE BUDGET Whereas, on May 27, 2015, the state Legislature’s Joint Committee on Finance inserted into the state budget bill room tax law changes sought by the Wisconsin Hotel and Lodging Association that interfere with local control over a municipally authorized and imposed tax; and Whereas, the budget amendment eliminates municipal governing body discretion to spend room tax revenues directly on tourism promotion and development; mandating instead that municipalities transfer the revenues designated for tourism promotion and development to an unelected tourism entity or commission for spending; and Whereas, between 1967, when municipal room taxes were first allowed, and 1994 there were no restrictions on how communities could use room tax revenues; and Whereas, in 1994 state law was changed to require that any communities enacting a room tax in the future must devote 70% of the revenue to tourism promotion and development; and Whereas, the state budget amendment modifies the 1994 grandfather clause by requiring municipalities that retain more than 30 percent of the room tax revenue for purposes other than tourism promotion and development pursuant to ordinances adopted prior to 1994 to reduce and cap the amount retained by 2020 to the same dollar amount the community retained in 2009; and Whereas, the budget amendment will create a significant hole in some community’s budgets, which they will not be able to fill due to strict levy limits, and Whereas, given the severe financial stress municipalities are under, it doesn’t make sense to reduce a source of revenue that some municipalities use to pay convention center debt, to pay for police and fire services provided to hotels, or to pay for other municipal services necessary for the community, and therefore, tourism to thrive. NOW THEREFORE BE IT RESOLVED that the City of Neillsville opposes any changes to the room tax law being included in the state budget and urges the state Legislature to remove the changes prior to final enactment of the budget and directs the Clerk to send a copy of this resolution to the Honorable State Legislators that represent us in the State Legislature and to Governor Scott Walker. Be It Further Resolved that if Legislature passes the state budget with the room tax law changes intact, then the City of Neillsville urges Governor Walker to veto the room tax law changes. Passed this 23rd day of June, 2015. ____________________________________ Steven J. Mabie, Mayor ____________________________________ Rex R. Roehl, Clerk Discussion followed on an unelected entity and how it is chosen, use of funds, etc. Motion Clough, second Glassbrenner, that Resolution No. 578 be adopted. All Aye. 7:20 P.M. – Mayor Mabie declared the Combined Public Hearing on a Zoning Amendment from Residential (R-1) to Commercial Highway (CH) for Parcel No. 261.1309.000, a vacant lot (on Court Street just north of the former Golden Eagle Restaurant), 111 E. Division Street, Ziber and Edith Ismaili, owners – and – a Conditional Use Permit for Parcel Nos. 261.1309.000 and 261.1310.000 for construction of a retail store (Dollar General) within a Commercial Highway (CH) District, 111 E. Division Street, Ziber and Edith Ismaili, owners. Applicant is DGI-Neillsville-LLC, Mike Pfefferie, Appleton, WI, now open. Director of Public Works Flynn reported on notification of neighbors, public hearing notices in the paper and that the applicant has met the requirements for a zoning amendment and conditional use permit. Mayor Mabie read the June 16, 2015 Planning Commission minutes recommending approvals of both the zoning amendment and conditional use permit. Mayor Mabie called for appearances. Linda Ormond, 19 Court Street, expressed concerns for traffic congestion, residential impact, and the condition of the property next door to the north. Flynn showed a drawing of the proposed building and parking layout. There will be a fence to the north, as well as the building’s loading dock will be on that side. There will be 30 parking spaces with only one driveway on Court Street. Mayor Mabie called three times for appearances, there being no further appearances. 7:29 P.M. – The Public Hearing was declared closed. Motion Clough, second Quicker, to accept the recommendation to approve a Zoning Amendment for Parcel No. 261.1309.000 rezoning it from Residential (R-1) to Commercial Highway (CH). All Aye. Motion Clough, second Neville, to accept the recommendation to approve a Conditional Use Permit for Parcel Nos. 261.1309.000 and 261.1310.000 for a retail store in a Commercial Highway (CH) district, 111 E. Division Street, DGI-Neillsville-LLC, Mike Pfefferie. All Aye. Mayor Mabie read James Voss’ letter of resignation from the Tourism Committee. Motion Glassbrenner, second Counsell, to accept James Voss’ resignation from the Tourism Committee and to thank him for his years of service. All Aye. City Clerk Roehl presented a request from the employees to take the Saturday, July 4 th holiday on either Thursday, July 2, 2015 (the Public Works employees work four days per week) or Friday, July 3, 2015. Motion Counsell, second Clough, to allow the 4th of July holiday to be taken on either Thursday, July 2, 2015 or Friday, July 3, 2015. All Aye. City Clerk Roehl reported on receiving donations from the Marshfield Area Community Foundation – Chris Boyer Scholarship Fund for Depression/Suicide Awareness - $868, and David and Barbara Boyer (Chris’ parents) - $800 for Police Department Crisis Intervention Training (CIT). This will allow two police officers to attend a five day CIT seminar. Motion Clough, second Glassbrenner, to accept and appropriate $1,668 to Account No. 52100 Police Department Administration, and to thank the Marshfield Area Community Foundation – Chris Boyer Scholarship Fund and David and Barbara Boyer for their donations. All Aye. City Clerk Roehl reported that the City of Neillsville has been selected to participate in the Connect Communities Program, and authorization is needed for the Mayor to sign the Connect Communities Agreement between the Wisconsin Economic Development Corporation (WEDC) and the City of Neillsville. City Attorney Wachsmuth expressed her concerns that the contract is with the City. The terms in Section 3 obligate the City to pay a fee and maintain a budget, etc. These requirements are put on the City, making the City the “local organization”. The downtown group is not a part of the City. Council Member Clough said that the benefit of this program is to learn from others, attend meetings, group chats, and get a hands-on person to walk us through coordinating this. City Attorney Wachsmuth stated that the Council could set up a new committee or assign this to another committee – like Economic Development or Planning Commission. Motion Clough, second Glassbrenner, to authorize the Mayor to sign the Connect Communities Agreement between WEDC and the City, with the appointment of a City committee at the next meeting for the Connect Communities program. All Aye. Mayor Mabie presented a request from the Heritage Days Committee to extend park hours under Ordinance Sec. 7-8-4(a) and (c) in Schuster Park for the Heritage Days event. Motion Counsell, second Neville, to approve the request under Ordinance Sec. 7-8-4(a) and (c) Park Hours, for the Heritage Days Committee, to extend the closing hours to 1:00 A.M. from Friday, July 10 through Sunday, July 12, 2015; and the noise hours to 12:30 A.M. to allow the bands to play from 8:00 P.M. to 12:30 A.M. on Saturday, July 11 and Sunday, July 12, 2015 for the Heritage Days event. All Aye. Chief of Police Klueckmann reported on May, 2015 complaints, citations, warnings, arrests and investigations. The Department participated in the state’s Click-It or Ticket campaign in May. City Clerk Roehl presented a letter from Unity Bank of Augusta, Terry Szydel, President, announcing that they have entered into an agreement with Nicolet National Bank to purchase their Fairchild and Neillsville offices with acquisition completed August 10, 2015, and a thank you from the Clark County Neillsville Senior Center for the City’s 2015 annual contribution. Council Member Glassbrenner gave an update on the Memorial Medical Center. They had growth in clinic, ER, hospital stays and surgery service through the April 30, 2015 period. They are working on upgrading their telephone system. The annual audit had better results than was expected. Temporary Amendment Request to “Class B” Retail Fermented Malt Beverages and Intoxicating Liquor License Application: American Legion Post 73, Donald L. Harris, Agent, 6 Boon Boulevard – to add the east lawn to the license for the Heritage Days Mini-Rod Races event on July 10, 2015. Motion Neville, second Counsell, to grant the license amendment, subject to appropriate fencing. All Aye. Change of Agent Successor Application: For the Neillsville Country Club, Inc., Neillsville Country Club, 603 E. Division Street, Kelsey E. Poeschel, Agent. Motion Glassbrenner, second Quicker, to grant. All Aye. Temporary Class “B” Retailer’s License Application: Neillsville Area Chamber of Commerce, Carrie C. Converse, Agent, for 511 E. Division Street (Schuster Park) for July 10, 11, 12, 2015 – Heritage Days Motion Neville, second Counsell, to grant. All Aye. Soda Water License Application: Neillsville Area Chamber of Commerce, Carrie C. Converse, Agent, for 511 E. Division Street (Schuster Park) for July 10, 11, 12, 2015 – Heritage Days. Motion Clough, second Counsell, to grant. All Aye. Tavern Operator’s License Applications: Karen L. Bedell, Kaila M.L. Calkins, Sydney J. Colwell, Susan M. Connor, Raymond O. Dunlap, Brian T. Eddy, Jeanie M. Elmhorst, Katina L. Etlicher, Hannah C. Fickett, Wendy L. Finck, Lisa A. Glisczinski, Michelle R. Grap, Nickie S. Halvorson, Shirley L. Karl, Nathaniel W. Kleckner, Margaret I. Knoop, Andrea L. Kruschke, Andrew S. Kyle, Michael T. Lacey, Myanna M. Lansing, Marcia K. Lewis, Veronica I. Mayhone, Barbara L. Miller, Thriesa R. Miller, Kim L. Oldham, Laurie L. Oldham, Stephanie M. Opelt, Kelsey E. Poeschel, Linda L. Polzin, Heather L. Pozega, Hannah J. Quicker, Judith J. Quicker, Jason J. Raine, Andrea L. Sadowskia, Clover J. Schofield, Cynthia M. Simpson, Kim M. Stetzer, Jeanne A. Stiemke, Desiree L. Thomas, Tom J. Tibbett, Sharon A. Tollefson, Annette S. Vanderhoof, Allison K. Wegner, Bethany A. West, Olivia R. Zank Motion Neville, second Clough, to grant all the listed licenses. All Aye. Motion Neville, second Counsell, that City bills Nos. 621 to 673 in the amount of $172,302.02 be paid. All Aye. Motion Counsell, second Clough, to adjourn. All Aye. __________________________________________ Steven J. Mabie, Mayor ___________________________________ Rex R. Roehl, Clerk ************