City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM MAY 22, 2018 6:45 P.M. The Commission on Public Works/Utilities met in regular session, Chair Quicker presiding. On roll call: Mayor Mabie absent, all other 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, preparing for Memorial Day, mowing cemetery and parks, preparing flower pots and picking up flowers, trimming and pruning trees, maintaining street lighting, filling potholes, clearing up brush and compost sites, the Emerald Ash Borer Tree Grant project- marking tree locations in progress, new trees will be planted later this week, cleaning up, adding dirt and seeding around stump grinding areas, street sweeping, the Sewer Department is in the process of doing system flow monitoring-evaluating high infiltration areas, the FEMA houses at 810 and 823 Grand Avenue are demolished and final dress up of the lots are in progress, 1710 Black River Road has been demolished and lot leveled and seeded, curb and gutter has been installed on Prospect Street (W. Fifteenth Street to W. Eighteenth Street) and E. Sixth Street (Center Street to Willow Street), driveway approaches were paved, both projects will require a lot of backfilling behind the curbs, the preliminary resolution and paperwork for special assessing the property owners will be next, placed new flags in the downtown area and the stop and go light on the Southwest corner of Hewett Street was knocked down today. Flynn reported that the City of Neillsville has received a “Notice of Noncompliance for Failure to Have a Certified Operator” at the Sewer Plant from the DNR. We have sixty days to respond. We are trying to get an operator under contract until Jeremy Boon has the required experience needed by the DNR. Motion Neville, second Glassbrenner, that Water Bills Nos. 118 to 149 in the amount of $80,797.55 and Sewer Bills Nos. 70 to 90 in the amount of $21,237.40 be paid. All Aye. Motion Counsell, second Clough, to adjourn. All Aye. _____________________________________ Jerry L. Quicker, Chair ___________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM MAY 22, 2018 7:00 P.M. The Common Council met in regular session, President of the Council Glassbrenner presiding. On roll call: Mayor Mabie absent, all other members present. The Pledge of Allegiance was recited. The minutes of the previous meeting were declared approved. President of the Council Glassbrenner presented John “Jack” Hammond with a plaque for 33 years (1985 to 2018) of dedicated service as a Parks and Recreation Board Member. Council Member Neville reported on the May 10, 2018 meeting of the Heritage Days Committee regarding: 1) financial report, 2) discussion on beverages with General Beer NW, 3) Miss Neillsville updates, 4) “Ferdinand” will be the movie night movie and 5) discussion on pottery and vendors. President of the Council Glassbrenner reported on the May 21, 2018 meeting of the Board of Review regarding: 1) examination of the City’s 2018 Assessment Roll for errors and omissions and to hear assessment objections and 2) no property owners appeared in objection to their assessments. City Clerk Roehl reported on the May 22, 2018 meeting of the Personnel Committee regarding the recommendation to place all the Other Part-Time employee applications as presented in a pool for the Cemetery, Park, Public Works and Recreation Departments to draw from as needed. The applicants are: Kelly Barth, Lane Kranz, Corey Steffen, Garrett Watton and Trevor Zurakowski. Council Member Quicker reported on the May 22, 2018 meeting of the Commission on Public Works/Utilities regarding: 1) current activities, 2) receiving a “Notice of Noncompliance for Failure to have a Certified Operator” at the Sewer Plant from the DNR and 3) payment of bills. President of the Council Glassbrenner declared all reports filed as presented with the City Clerk. President of the Council Glassbrenner asked if there were any questions on the Personnel Committee item. Motion Quicker, second Clough, to accept the recommendation to place all the Other Part-Time employee applicants in a pool for Cemetery, Parks, Public Works and Recreation Departments to draw from as needed. All Aye. City Clerk Roehl presented the 2018 Recycling Grant funds received from the State of Wisconsin Department of Natural Resources in the amount of $9,321.00 (2017-$9,324.71). Motion Counsell, second Neville, to accept and appropriate the $9,321.00 Recycling Grant funds to Account No. 53620 Refuse and Garbage Collection. All Aye. City Clerk Roehl reported on receiving the following donations from the Listeman/Naedler Foundation: Fireworks-4th of July $ 3,500.00 Heritage Days $ 2,000.00 Fire Department-Rescue Van $25,000.00 Prock’s Park $10,000.00 Motion Clough, second Quicker, to accept and appropriate $5,500 to Account No. 55340 Celebrations, $25,000 to Account No. 57220 Public Safety-Fire Department Qutlay, $10,000 to Account No 57620 Parks Outlay, and to thank the Listeman/Naedler Foundation for their donations. All Aye. City Clerk Roehl reported on receiving a $1,000 Anonymous donation for the Police Department K-9 fund. Motion Counsell, second Neville, to accept and appropriate $1,000 to Account No. 52100 Police Department Administration. All Aye. City Clerk Roehl presented a request from the Neillsville Area Players for use of the three parking spaces in the C.C. Sniteman Town Square Parking Lot for a brat and bake sale fundraiser Friday, June 15 and Saturday, June 16, 2018 from 10:00 A.M. to 5:00 P.M. both days. Motion Counsell, second Neville, to approve the use of the C.C. Sniteman Town Square Parking Lot for the Neillsville Area Players brat and bake sale fundraiser on Friday, June 15 and Saturday, June 16, 2018 from 10:00 A.M. to 5:00 P.M. both days. President of the Council Glassbrenner presented a request from Michael Schmidt and Julie Boyer for review of the vicious dog determination under City Ordinance Section 7-1-6(6). Chief of Police Klueckmann stated that on May 16, 2018 he deemed Julie Boyer’s dog, Chico, “vicious” under Neillsville City Ordinance 7-1-1(b)(17). Boyer was notified in person and given the written vicious designation letter. Klueckmann provided the background leading up to the vicious designation: 1st bite was on October 10, 2015 involving a five year old girl; 2nd bite was on November 1, 2015 involving a woman in the Town Square Parking Lot; after the second bite a warning letter was sent to Boyer notifying her of two documented bites and the City’s vicious dog ordinance; 3rd bite was on April 24, 2018 to Boyer herself. Klueckmann stated that Boyer requested a review of the vicious dog determination, she does not deny the three bites, the dog has territorial issues and they have sought help from a vet, considered neutering and behavior therapy. They consider Chico a therapy dog, which helps Boyer with her depression and anxiety. Klueckmann stated that he did not take this matter lightly in deeming Chico a vicious dog. His role as Chief of Police is to protect the health, safety, public peace and orders of the City and its residents. Based on Chico’s history, Boyer cannot control her dog, the owner has the responsibility, and he has no confidence the situation will improve. Council Member Neville asked if the dog was licensed at the time of the first bite. Klueckmann stated that it may not have been old enough at that time for a rabies vaccination. City Attorney Wachsmuth read Michael Schmidt and Julie Boyer’s letter addressed to the City Council Members. Michael Schmidt addressed the Council stating Chico is a little dog (Terrier mix) with a background before they got him and that he doesn’t know why Chico picks and chooses who to likes, Chico is a therapy dog, almost like a child, who helps with Boyer’s depression and anxiety. Council Member Clough stated that the Council has to affirm or overturn the Chief of Police vicious dog determination. The dog has a record, the Chief followed all the rules, we appreciated the owner situations, however we have to protect the citizens of the City. Motion Clough, second Counsell, to uphold the vicious dog determination (on Chico) as determined by the Chief of Police. On roll call: All Aye. City Attorney Wachsmuth stated that Linda Montgomery has presented a Physician’s Order stating she should be allowed to drive her mobility scooter on the road as opposed to the sidewalk. A doctor cannot write an excuse to override a State Law or City Ordinance. It would be like you doctor prescribing medical marijuana, you still cannot use it, if it is against state law. This will be going to trial. Council Member Counsell reported that the flower pots have been planted and flower baskets hung up. Everything is looking good. A few of the flower pots will be moved around. President of the Council Glassbrenner read a letter from Glenn Thompson in response to the City Ordinance not letting him operate his electric scooter on the streets, stating the sidewalks are out of repair, code and ADA compliance. “Class B” Retail Fermented Malt Beverages and Intoxicating Liquor License Application: JT’s Brickyard, LLC, JT’s Brickyard, Jodi M. Schiller, Agent, 203 W. Seventh Street Motion Quicker, second Neville, to grant subject to the surrender of the Brickyard Bar-N- Grill, LLC, The Brickyard, Sharon K. Christopherson, Agent, license. All Aye. Combination Cigarette and Soda Water License Application: JT’s Brickyard, LLC, JT’s Brickyard, Jodi M. Schiller, Agent, 203 W. Seventh Street Motion Neville, second Counsell, to grant. All Aye. 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 event on July 6, 2018. Motion Counsell, second Clough, to grant. All Aye. Tavern Operator’s License Applications: Travis M. Dzwonkowski, Hannah E. Erickson, Craig A. Haffenbredl, Amie L. Young Motion Quicker, second Clough, to grant all listed licenses. All Aye. Motion Neville, second Counsell, that City Bills Nos. 476 to 526 in the amount of $440,644.23 and CDBG Housing Escrow Account Bills Nos. 9 and 10 in the amount of $2,350.00 be paid. All Aye. Motion Counsell, second Neville, to adjourn. All Aye. ____________________________________ Charles W. Glassbrenner, Council President ___________________________ Rex R. Roehl, Clerk ************