City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM SEPTEMBER 22, 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, picking up branches and trash, watering flowers, hauling brush and compost, cleaning storm drains, still waiting on street sweeper parts, the airport project is moving slowly – installing new drain tile on taxiway and runway and reconstructing the base on the last 400 feet on the west end, crack sealing is complete, trimming low hanging branches over sidewalks, water main flushing is complete, the contractor for Dollar General has started preparing the base for the store, the concrete slab will be poured shortly, the old building will be coming down within the next ten days with the new building construction starting on October 5, 2015, the contractor for the sewer bar screen project will be putting in wiring, water, etc. in preparation for the bar screen installation on November 23 and 24, 2015, the floating fountain in O’Neill Creek has been removed for the season. Motion Neville, second Glassbrenner, that Water bills Nos. 190 to 206 in the amount of $99,155.54 and Sewer bills Nos. 203 to 223 in the amount of $75,615.71 be paid. All Aye. Motion Counsell, second Neville, to adjourn. All Aye. __________________________________________ Jerry L. Quicker, Chair ___________________________________ Rex R. Roehl, Clerk ************ JOINT MEETING OF THE COMMON COUNCIL AND PLANNING COMMISSION COUNCIL ROOM SEPTEMBER 22, 2015 7:00 P.M. Common Council: The Common Council meeting in joint 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. Planning Commission: The Planning Commission meeting in joint session, Mayor Mabie Chair, presiding. On roll call: all members present. The minutes of the previous meeting were declared approved. 7:15 P.M. – Mayor Mabie declared the joint Public Hearing on the Project Plan Amendment for Designation of Tax Increment Financing District #2 as Distressed now open. Chris Straight, West Central Wisconsin Regional Planning Commission (WCWRPC) introduced himself, and stated that WCWRPC was hired to assist the Neillsville Planning Commission with updating and amending the TIF District #2 Project Plan. Straight explained what a TID is and how a TIF works. Straight stated that this amendment is for distressed status, as revenues are not going to cover expenses by the normal ending time of TIF District #2, which is August 30, 2022. TIF District #2 was created in 1999, and has a 23 year maximum life. A territory amendment and a project plan amendment were done in 2006 for the OEM project. Straight presented the project plan amendment, highlighting Section VII Requirement for Distressed TID Designation, Section XI Findings of Public Interest, and Section VI Demonstrating Distressed Status, which included reviewing current financial information and an updated pro forma. This project amendment designates TID #2 within the City of Neillsville as “distressed” and extends the life of TID #2 to August 30, 2032. Like many communities, the “Great Recession” starting in 2008 significantly decreased assessed property values causing insufficient increment revenues to cover expenses. No future territory amendments, no new taxable development and no new project costs are assumed for the remaining life of TID #2. The City believes the Assessed Value Increment and actual increment revenue has “hit bottom” and should stabilize or begin to slowly improve. The increment revenue decrease between 2014 to 2015 was caused by the state funding formula change which decreased the Chippewa Valley Technical College tax rate. Outstanding loans, city advances and new costs were reviewed. When the increment revenue did not cover the annual loan payments, the City has paid the difference. Refinancing of Loan #3 will be done in 2016 and a 3.8% interest rate has been assumed for purposes of updated pro forma within the project plan amendment. City Clerk Roehl stated that the Notice of Public Hearing was published twice in the Clark County Press, September 2 and 9, 2015 editions, and no written comments were received for the public hearing. Mayor Mabie called three times for appearances as part of the public hearing, there being none. 7:35 P.M. – the Public Hearing was declared closed. Planning Commission: City Attorney Wachsmuth read the following resolution. RESOLUTION #1-2015 CITY OF NEILLSVILLE PLAN COMMISSION RESOLUTION TO ADOPT A PROJECT PLAN AMENDMENT DESIGNATING TAX INCREMENT FINANCING DISTRICT #2 AS DISTRESSED PURSUANT TO WISCONSIN STATE STATUTES 66.1105(4e) WHEREAS, the City of Neillsville created Tax Increment Financing District #2 (TID #2) in August 1999, and amended TID #2 in August 2006, to promote and encourage industrial development for the purpose of stabilizing and expanding the community’s economic base and to increase employment opportunities for local residents; and WHEREAS, the assessed value of development and tax increment revenues within TID #2 are insufficient to pay off project costs during the remaining life of TID #2; and WHEREAS, the State of Wisconsin Statutes 66.1101(4e) allows municipalities to designate a tax incremental district as distressed and TID #2 qualifies for this designation; and WHEREAS, this distressed designation will allow TID #2 to extend the life of the district by ten years beyond the normal termination date; and,  WHEREAS, State of Wisconsin Statutes 66.1101(4e) requires the City of Neillsville Plan Commission to amend the TID #2 Project Plan to reflect the district’s distressed status prior to said district being declared as distressed by the City Council; and, WHEREAS, the City of Neillsville Plan Commission has prepared the amended Project Plan for TID #2, incorporated herein by reference, which incorporates all of the requirements for Wisconsin Statutes 66.1101(4e), to wit: A. A financial analysis demonstrating that project costs incurred with regard to TID #2 exceed the amount of revenues from all sources that the City expects the district to generate during the life of the district; B. Indication that no additional non-administrative project costs may be incurred or territory added to TID #2, and that no non-administrative project costs may be incurred outside the district’s boundaries; C. Indication that TID #2 may not become a donor district to another district or have overlapping boundaries with another district; D. Indication that TID #2 may be recipient of excess increment from another district, though this is not proposed; E. Indication that any increment that exceeds TID #2’s annual expenditures shall retire any debt of the district or establish a reserve used only to retire debt of TID #2; and WHEREAS, the Neillsville Plan Commission and Neillsville City Council conducted a joint public hearing on September 22, 2015, on the Project Plan amendment for Tax Increment Financing District #2 and the proposed designation of TID #2 as distressed, which afforded interested parties a reasonable opportunity to express their views on the proposed designation of TID #2 as distressed; and WHEREAS, the joint public hearing was properly noticed in accordance with State of Wisconsin Statutes 66.1101 and a copy of the public hearing notice was sent to Clark County, Neillsville Area School District, and Chippewa Valley Technical College prior to publication of said notice; NOW, THEREFORE, BE IT RESOLVED, that the City of Neillsville Plan Commission hereby approves and adopts the amended Project Plan designating Tax Increment Financing District #2 as a distressed tax increment financing district; and BE IT FURTHER RESOLVED, that the City of Neillsville Plan Commission does recommend the amended Project Plan and distressed designation for adoption by the Neillsville City Council. ADOPTED this 22nd day of September, 2015. ______________________________ ____________________________________ Steve Mabie, Mayor Rex R. Roehl, Clerk-Treasurer Motion Anderson, second Glisczinski, that Resolution No. 1-2015 be adopted. All Aye. Common Council: City Attorney Wachsmuth read the following resolution. RESOLUTION #581 CITY OF NEILLSVILLE CITY COUNCIL RESOLUTION TO DESIGNATE TAX INCREMENT FINANCING DISTRICT #2 AS DISTRESSED PURSUANT TO WISCONSIN STATE STATUTES 66.1105(4e) AND ADOPTION OF THE RELATED PROJECT PLAN AMENDMENT WHEREAS, the City of Neillsville created Tax Increment Financing District #2 (TID #2) in August 1999, and amended TID #2 in August 2006, to promote and encourage industrial development for the purpose of stabilizing and expanding the community’s economic base and to increase employment opportunities for local residents; and WHEREAS, the assessed value of development and tax increment revenues within TID #2 are insufficient to pay off project costs during the remaining life of TID #2; and WHEREAS, the State of Wisconsin Statutes 66.1101(4e) allows municipalities to designate a tax incremental district as distressed and TID #2 qualifies for this designation; and WHEREAS, this distressed designation will allow TID #2 to extend the life of the district by ten years beyond the normal termination date; and, WHEREAS, the amended Project Plan, as adopted by the City of Neillsville Plan Commission and incorporated herein by reference, incorporates all of the requirements for Wisconsin Statutes 66.1101(4e), to wit: A. A financial analysis demonstrating that project costs incurred with regard to TID #2 exceed the amount of revenues from all sources that the City expects the district to generate during the life of the district; B. Indication that no additional non-administrative project costs may be incurred or territory added to TID #2, and that no non-administrative project costs may be incurred outside the district’s boundaries; C. Indication that TID #2 may not become a donor district to another district or have overlapping boundaries with another district; D. Indication that TID #2 may be recipient of excess increment from another district, though this is not proposed; E. Indication that any increment that exceeds TID #2’s annual expenditures shall retire any debt of the district or establish a reserve used only to retire debt of TID #2; and WHEREAS, the Neillsville Plan Commission and Neillsville City Council conducted a joint public hearing on September 22, 2015, on the Project Plan amendment for Tax Increment Financing District #2 and the proposed designation of TID #2 as distressed, which afforded interested parties a reasonable opportunity to express their views on the proposed designation of TID #2 as distressed; and WHEREAS, the joint public hearing was properly noticed in accordance with State of Wisconsin Statutes 66.1101 and a copy of the public hearing notice was sent to Clark County, Neillsville Area School District, and Chippewa Valley Technical College prior to publication of said notice; and WHEREAS, following the joint public hearing, the Neillsville Plan Commission has adopted the Project Plan Amendment by resolution and has recommended the amended Project Plan and distressed designation for approval by the City Council; and,  WHEREAS, the Neillsville Plan Commission and the City Council have complied with all the legal requirements and other relevant laws in the preparation and approval process for the TID #2 Project Plan amendment and the distressed designation; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Neillsville hereby designates Tax Increment Financing District #2 as a distressed tax increment financing district and adopts the amended Project Plan with an effective date of September 22, 2015, for the declaration and amendment; and BE IT FURTHER RESOLVED, that the City Council of Neillsville hereby directs the City Clerk to certify this resolution and forward a copy of the certified resolution and a copy of the amended Project Plan, that includes all financial data used by the City Council in the adoption process, to the Wisconsin Department of Revenue and to the Joint Review Board; and, BE IT FURTHER RESOLVED, that the City of Neillsville intends to comply with all relevant laws pertaining to the implementation of said plan, including the completion of required audits, the publication of annual reports, and necessary cooperation with the Wisconsin Department of Revenue. ADOPTED this 22nd day of September, 2015. ________________________________ ___________________________________ Steven J. Mabie, Mayor Rex R. Roehl, Clerk Motion Clough, second Quicker, that Resolution No. 581 be adopted. All Aye. 7:45 P.M. Planning Commission: Motion Hoesly, second Weiers, to adjourn. All Aye. Common Council: Mayor Mabie announced that the Common Council will continue with its’ regular agenda. Mayor Mabie reported on the September 8, 2015 meeting of the Finance Committee regarding: 1) discussion on the budget process, stated revenues, levy limit freeze, 1.1% health insurance increase, non-union and union wages, 2) directions to department heads and committees to hold the 2016 budget requests to the 2015 levels and make cuts wherever possible, 3) discussed contract services, 4) discussed and recommended approval of a one-year agreement with Paul Wiese Risk Management Services for insurance consultant services for 2016, 5) referred non-union wages to the Personnel Committee, and 6) set the budget meeting schedule. Council Member Counsell reported on the September 9, 2015 meeting of the Historic Preservation Commission regarding: 1) discussion on the wording, placement and lighting ideas for the Mormon historical marker to be placed at the Listeman Arboretum, 2) discussion on the 2016 calendar and note cards, 3) work on and referral of the proposed 2016 Historic Preservation budget to the Finance Committee, 4) discussion on a “Request for Certificate of Appropriateness” form, 5) discussion on the 2016 Christmas Tour of Homes, and 6) discussion on a map for the Historic Walking Tour route. Mayor Mabie reported on the September 14, 2015 meeting of the TIF District #2 Joint Review Board regarding: 1) selection of Donald Quicker as citizen member, 2) selection of Steven Mabie as chairperson, 3) reviewed the role of the Joint Review Board in the TIF process, 4) reviewed the Project Plan Amendment designating TID #2 as distressed and extending its’ life to August 30, 2032, 5) reviewed a draft resolution approving “Designation of TIF District #2 as Distressed, and 6) set the next meeting for Tuesday, September 29, 2015 at 5:00 P.M. Council Member Counsell reported on the September 15, 2015 meeting of the Beautification Committee regarding: 1) discussion on fall decorations, 2) discussion on winter decorations and authorizing purchase of solar-powered white globe lights, ribbon materials, and placing a two- dimensional cut-out horse and a three-dimensional sleigh in front of the town square Christmas tree for picture taking, 3) discussed spring 2016 flower baskets and planters, and authorized a bid process for the flower baskets and planters, 4) work on and referral of the proposed 2016 Beautification budget to the Finance Committee, and 5) discussion on what other groups in town may be doing and working with them. Council Member Quicker reported on the September 15, 2015 meeting of the Library Board regarding: 1) librarians’ reports, 2) election of officers – Jerry Quicker, President; Nancy Kopp, Vice-President; and Jill Neville, Secretary, 3) discussed asbestos testing for the basement, 4) authorized librarians Gustavson and Wegner to attend the Wisconsin Library Association conference, 5) work on and referral of the proposed 2016 Library budget to the Finance Committee, 6) payment of bills, and 7) updates on donations and carryover funds. Council Member Glassbrenner reported on the September 15, 2015 meeting of the Transit Committee regarding: 1) discussed and approved creating an agency fare for the Neillsville Shared-Ride Taxi Service for 2016, and 2) reviewed, discussed and recommended to proceed with submitting the 2016 DOT Transportation Aids (5311 Program) application for the City of Neillsville Taxi Service jointly with Clark County. Council Member Clough reported on the September 16, 2015 meeting of the Board of Cemetery Commssioners regarding: 1) current activities, and 2) work on and referral of the proposed 2016 Cemetery budget to the Finance Committee. Council Member Glassbrenner reported on the September 16, 2015 meeting of the Parks and Recreation Board regarding: 1) discussion and approval of including two canoe landings in the City of Neillsville portion of the “Clark County Five-Year Outdoor Recreation Plan”, 2) current activities of the Recreation Department, 3) current activities of the Parks Department, 4) work on and referral of the proposed 2016 Recreation budget to the Finance Committee, and 5) work on and referral of the proposed 2016 Parks budget to the Finance Committee. Mayor Mabie reported on the September 17, 2015 meeting of the Personnel Committee regarding a closed session on non-union employees reconvening into open session with the following recommendations to the Finance Committee: a) to give all employees a 1½% raise, except new part-time employees, Police Union employees, firemen and Daniel Bautch, who stays at $17.50, b) that all Board of Review members be paid the current per diem rate ($35) per Board of Review meeting, c) that Office Jason King gets a 1½% raise on January 2, 2016 in addition to the scheduled 24¢ per hour increase, d) that the employee’s share of the Security Health Plan insurance monthly premium payment be raised to 12% from 10.92% on January 1, 2016, and e) that Dale Zank be given an 80¢ per hour increase on January 1, 2016 in place of the 1½% raise. Council Member Neville reported on the September 17, 2015 meeting of the Airport Commission regarding: 1) an update on airport improvement project and change orders to correct drainage issues of $135,000 (City share 5% or $6,750), 2) discussion on airport agricultural land leases and the recommendation to increase the lease rate per acre from $55 to $80 on January 1, 2016, and 3) work on and referral of the proposed 2016 Airport operating and capital budgets to the Finance Committee. Council Member Neville reported on the September 17 and 21, 2015 meetings of the Heritage Days Committee regarding: 1) financial report, 2) discussion on the 2016 proposed Heritage Days budget, 3) update on the Miss Neillsville contest; 4) financial report, 5) work on and referral of the proposed 2016 Heritage Days budget to the Finance Committee, 6) discussion on the 2015 event, and 7) discussed and authorized ordering of 2016 pottery piece. Council Member Glassbrenner reported on the September 17, 2015 meeting of the Neillsville Community Fire Hall Board regarding: 1) payment of bills, 2) current activities, and 3) work on the 2016 operating and capital budgets. Council Member Quicker reported on the September 22, 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. Mayor Mabie called for appearances. Richard Bates, 502 W. Second Street, stated that he is concerned and disturbed by the speed rate of traffic on W. Second Street. There are several families with children in the area, and a lot of older people walking on the street, since there are no sidewalks. Bates asked for stop signs to be put up on W. Second Street, especially the Oak Street intersection. Richard Bates stated that he and others would like to form a group to show support for our law enforcement officers. If they purchased banners, would the city hang them over the street and on the gazebo. Mayor Mabie stated since these items are not on the agenda, the Common Council cannot do anything tonight. Director of Public Works Flynn stated that with the hard winds we have, banners across the street get torn apart and do not last, and a drawing with wording should be submitted to the Council. Janice Miller, 415 E. Sixth Street, stated that there is a vicious dog on Bruley Street who has bitten a person in an unprovoked attack. The people say the dog does not belong to them and is going back to their son, but this is not happening. The dog is fenced in, but the neighbors do not feel safe. What can be done to rectify this. Mayor Mabie stated that this item is on the agenda later this evening. Mayor Mabie asked if there were any questions on the Finance Committee item (4). Motion Glassbrenner, second Neville, to accept the recommendation to approve a one-year agreement with Paul Wiese Risk Management Services for insurance consultant services. All Aye. Mayor Mabie asked if there were any questions on the Transit Committee item (2). Motion Quicker, second Glassbrenner, to accept the recommendation to approve submission of the 2016 taxi grant application jointly with Clark County, and to authorize the Mayor to sign a letter of support. All Aye. Mayor Mabie presented a request from the Neillsville Area Chamber of Commerce for use of Sniteman Town Square Park (Gazebo) for the Autumn Harvest Celebration on Sunday, October 11, 2015, and to close Hewett Street from Division Street to Eighth Street for safety reasons. Motion Clough, second Neville, to grant the Neillsville Area Chamber of Commerce request for use of Sniteman Town Square Park (Gazebo) on Sunday, October 11, 2015, and to close (block off) Hewett Street from Division Street to Eighth Street for safety reasons. All Aye. Chief of Police Klueckmann asked that the Fourth Street intersection be only barricaded off, not blocked, in case emergency vehicles need to get through. Mayor Mabie presented a request from the Neillsville Area Chamber of Commerce to hang a banner on the gazebo for the Autumn Harvest Celebration. Motion Clough, second Neville, to grant the Neillsville Area Chamber of Commerce request to hang a banner on the gazebo for the Autumn Harvest Celebration. All Aye. Chief of Police Klueckmann requested a change in Ordinance 8-1-4(e) – School Term Parking on E. Fifth Street, due to safety concerns and the Neillsville School District earlier start time, with students arriving at 7:30 a.m. The request also increases the restricted parking area from the north side of E. Fifth Street – Center Street to the School District’s easternmost driveway to both sides of E. Fifth Street between State Street and East Street. Discussion followed. Motion Counsell, second Glassbrenner, to direct the City Attorney to draft a change to Ordinance 8-1-4(e) – School Term Parking. All Aye. Chief of Police Klueckmann proposed changes to Ordinance 7-1-6(b) – Restrictions on Keeping Animals – Vicious Dogs. The current city ordinance is breed specific (pit bull type only) and does not allow banning any other breed. Also, the ordinance restrictions only apply when a dog is off the owner’s property. Klueckmann recommended having the ordinance apply whether the dog is on public or private property, requiring written proof of insurance from the insurance carrier, and increasing liability insurance coverage limits. Discussion followed. Council Member Counsell stated even if we make a change, something has to happen again. Once a dog is declared vicious, it is vicious the rest of its’ life. Council Member Neville stated he has heard that the Bruley Street dog has bitten five times (not all have been formally reported). This should not happen, that is why this issue is on the agenda. Klueckmann stated that he and the City Attorney are looking for Council direction – do you want to ban all dogs deemed vicious, or allow them with restriction. Either way, there should be an appeal process for the dogs’ owners and an exception for police dogs. City Attorney Wachsmuth stated that the current ordinance has loopholes which need to be filled. Council Member Clough stated a dog may nip once, follow criteria to label a dog vicious on the first bite, and if a second strike occurs it is gotten rid of. Council Member Glassbrenner asked if these owners can be fined. Klueckmann replied at the ordinance level fine amount. Council Member Counsell stated that she likes the idea that the Police Department makes the determination of vicious and written proof directly from the insurance carrier instead of the owner’s word. Klueckmann stated that they look at the intent of the dog when making a determination. Discussion followed on allow and restrict, or ban. Motion Neville, second Glassbrenner, to direct the City Attorney to draft a change to Ordinance 7-1-6(b) – Restrictions on Keeping Animals – Vicious Dogs with one bite vicious intent removal, with an appeal process. All Aye. Chief of Police Klueckmann presented a lease agreement with Bauernfeind Technologies for a new copier (Kyocera 3051ci). The old NEC copier is five years old, the company is out of business, and replacement parts are no longer available. The new lease amount is $95 per month for 60 months, and includes service and toner, which is $1,140 per year. Currently, the department has spent $1,178 on toner through September. Motion Counsell, second Neville, to authorize Chief of Police Klueckmann to sign a 60-month lease agreement with Bauernfeind Technologies at $95 per month for a Kyocera 3051ci copier with service contract and toner replacement. All Aye. Council Member Clough presented information on the Emerald Ash Borer, which will kill all the ash trees like Dutch Elm Disease did years ago. The City needs to do a tree inventory, get a plan in place, start removing ash trees, and planting something in their place. Director of Public Works Flynn stated that the Emerald Ash Borer could wipe out three-fourths of the trees in Schuster Park. City Clerk Roehl presented a notice from Charter that rates will be increasing on October 24, 2015 due to rising program costs. Tavern Operator License Applications: Rebecca M. Lerche and John E. Schoen Motion Neville, second Quicker, to grant all the listed licenses. All Aye. Motion Glassbrenner, second Neville, that City bills Nos. 937 to 984 in the amount of $544,785.11 be paid. All Aye. Motion Counsell, second Neville, to adjourn. All Aye. __________________________________________ Steven J. Mabie, Mayor ___________________________________ Rex R. Roehl, Clerk ************