City Council

************ COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM AUGUST 13, 2019 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 one burial at the Cemetery, equipment maintenance, mowing and trimming Cemetery and parks, picking up branches, preparing ballfields, Schuster Park South restroom landscaping and seeding, cleaning up from storm damage in the Listeman Arboretum (opening trails, cutting trees and brush), trimming and pruning trees, removed street banners damaged by high winds, removed fountain damaged by high water, sent out letters to property owners to repair sidewalks, the Equipment Maintenance budget is in distress and we have another dump truck down with a broken axle and gears in the rear (Truck #10-1991 Chevrolet Kodiak)-cost $4,300 to repair, maintaining street lighting, filling potholes, hauling compost and brush, street sweeping, maintaining ATV trail signs, Willow Street from E. Sixth Street to E. Seventh Street new curb and gutter has been installed, working on backfilling behind the curb and landscaping, the pavement crew is scheduled to do a final grading before paving, the Water Department is flushing water mains. Chair Quicker stated the next item is a closed session on sewer issues Marshfield Memorial Center-Neillsville. City Attorney Wachsmuth stated that she does not believe we should go into a closed session to negotiate a contract. Section 19.85(1)(e) is for competitive or bargaining reasons and Section 19.85(1)(g) is for consulting with legal counsel. Council Member Counsell stated that there is nothing for contract negotiations. City Attorney Wachsmuth replied “No”. Mike Olson, Marshfield Medical Center-Neillsville, presented an aerial photo shot of the new hospital site and a draft Sewer Connection Agreement. The draft references a second lift station, which is not part of the agreement, since it is not in the highway right-of-way. Any language referencing the second lift station will be removed. Director of Public Works Flynn asked about an access point to maintain the lift station. Paul Phillips stated the plan is to place the lift station behind the guardrail and work with the DOT to get a gravel driveway access off US Hwy 10. Mayor Glassbrenner stated that the Hospital wants the City to do the inspections and maintenance of the sewer line and lift station with the City billing the Hospital. Mike Olson stated the Hospital will pay the typical user fee-the sewer rate. If something like a pump goes down and the user fees cover 20% for example the Hospital would pay the rest. Council Member Counsell stated now your saying we have to do some math proration. Director of Public Works Flynn stated if a pump goes out and you are the only ones on the line, it should be your costs. City Attorney Wachsmuth stated the users fees cover operation. Flynn stated there is a replacement fund, but you are the only one on the line. Council Member Counsell stated that at the last meeting you told us that the Hospital could not own the sewer line, however the Wis DOT Highway Maintenance Manual Chapter 9, Section 15 Utility Accommodation has a permit process for private utility. Mike Olson stated that it is a nine month process with no guarantee that a permit would be granted. Council Member Counsell stated that since the Hospital is in the public interest you could own the sewer facilities privately with a DOT permit. Mike Olson stated the big thing is the timing. Paul Olson stated that the City as a public utility has the right to be in the right-of-way. The Hospital as a private utility would have to reach out to the State, which is a 9 to 12 month determination process, they still could not approve it. Council Member Counsell asked when they intend to start the water and sewer installation. Paul Olson stated after the City’s approval it will take the State 90 days, it may not be until next spring. Council Member Counsell stated that if the Hospital owns it 90% if the agreement is not necessary, the Hospital fits within the DOT guidelines, for a private utility, is it a main or lateral. City Attorney Wachsmuth stated that if the City owns it, it is a sewer main, if the Hospital owns it, it is a private lateral. Council Member Counsell asked if the current Hospital loan can be referenced and guaranteed in the agreement. Mayor Glassbrenner stated we already have an agreement and the Hospital has made its payments. Council Member Counsell stated we need to protect the citizens and the City should approve third party hookups. City Attorney Wachsmuth stated she had talked to them about the third party hookups and a set formula should not be set up, we would need to know who and what kind for usage, etc. A proration could be addressed at that point. Council Member Neville stated that we have a Resolution for no sewer outside the City, unless a waiver is granted. Council Member Counsell questioned the Hospital having the right to assign the Agreement without the City’s consent. Director of Public Works Flynn asked what happens if they annex into the City. City Attorney Wachsmuth stated it is hard to say what different Hospital Boards or City Councils will do, but at that point the contract would end, the Hospital would still maintain their own lift station. Council Member Clough stated we want to partner with the Hospital, do what is best for the City, as long as the City is protected. Mayor Glassbrenner stated the attorneys will work on a final agreement. Council Member Neville stated we will need time to review it. Director of Public Works Flynn stated that MSA Engineering is reviewing the Hospital plans. Dan Kirschnik stated they will be working with Flynn and Wachsmuth; the sooner the better for both the Hospital and community to get the new updated facility built; the Hospital would like the City to own the main and lift station to avoid delay. City Attorney Wachsmuth questioned what really is wanted in the replacement section. Dan Kirschnik stated that if the Hospital dedicates the main and lift station to the City, the City would manage and maintain it, treating the Hospital like any other taxpayer. The Ordinance mentions a maintenance fund, if annexation didn’t occur. Council Member Neville stated our main concern is the cost to the taxpayers, the Hospital choosing, to build where it did, not in the City is their right, however we want to minimize the cost to our taxpayers. Council Member Counsell stated that it is different than building in the City, we expect the Hospital to cover large repairs. City Clerk Roehl stated the maintenance fund being talked about is a targeted type Capital expenditure fund. Every three years when our sewer rates are reviewed capital projects are planned-currently we are setting aside funds for a Jet Vac truck, equipment and main replacements based on Flynn’s five year street plan. Council Member Clough stated that maintenance and replacement need to be defined. Director of Public Works Flynn stated maintenance is the routine checking of the lift stations, flushing of the main, etc.-we would pay for that. If it’s a capital expenditure like replacing a pump then the Hospital should be billed. Sewer lines don’t go bad, his concern is with the lift station. There normally is a warranty period – 3, 5 or 10 years. City Clerk Roehl stated annexations should be pushed for, the City will stand to lose population when the nursing home and assisted living move out, as well as tax base from those businesses relocating. Motion Counsell, second Neville, to adjourn. All Aye. _____________________________________ Jerry L. Quicker, Chair ___________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM AUGUST 13, 2019 7:30 P.M. The Common Council met in regular session, Mayor Glassbrenner presiding. On roll call: all members present. The Pledge of Allegiance was recited. The minutes of the previous meeting were declared approved. Mayor Glassbrenner reported on the July 25, 2019 meeting of the Economic Development Commission regarding: 1) discussion and recommendation to approve the implementation of an incentive program to encourage new residential housing construction starting September 1, 2019 for a two year trial, 2) discussion on and approval of the Residential Construction Incentive Program pamphlet and 3) discussion on and approval of the Residential Construction Incentive Program application form. Mayor Glassbrenner reported on the August 1, 2019 meeting of the Police and Fire Commission regarding: 1) a closed session on the Chief of Police vacancy and 2) reconvening into open session to authorize the posting of the vacant Chief of Police position. Council Member Quicker reported on the August 13, 2019 meeting of the Commission on Public Works/Utilities regarding: 1) current activities and 2) discussion on sewer issues and a draft sewer connection agreement with Marshfield Medical Center-Neillsville representatives-no action taken. Mayor Glassbrenner declared all reports filed as presented with the City Clerk. Mayor Glassbrenner asked if there were any questions on the Economic Development Commission item (1). Mayor Glassbrenner stated that we are trying to get housing development. The program is based on assessed value. It’s a 5% incentive, up to a $15,000 maximum, for residential construction-single family, duplex or multi-family. Motion Counsell, second Neville, to accept the recommendation to approve the Residential Construction Incentive Program to encourage new residential housing construction starting September 1, 2019 for a two year trial. All Aye. Mayor Glassbrenner presented the Security Health contract renewal notice for 2019-2020. The Family active plan premium is going from $1,953.35 to $1,961.17 per month – a 0.4% increase. The Single active plan premium is going from $901.95 to $905.56 per month – a 0.4% increase. The current deductible is $3,000 / $6,000. Motion Quicker, second Neville, to accept the health insurance contract renewal with Security Health Plan for 2019-2020. All Aye. Mayor Glassbrenner presented a request from the Red Cross Blood Drive to place a sign in C.C. Sniteman Town Square Park to advertise their blood drives six times per year. The sign would be place 5 to 6 days before the drive and removed afterwards. Motion Counsell, second Weiers, to grant the Red Cross Blood Drive request to place a sign in C.C. Sniteman Town Square Park for their blood drives. All Aye. City Attorney Wachsmuth reported that the Scott Davis house, 305 E. Fifth Street, Parcel No. 261.0604.000 has been declared a health hazard by Clark County and she would like the Raze Order and delivery of it approved. The City would end up tearing the house down and placing the cost on the property tax bill. Motion Counsell, second Quicker, to authorize the City Attorney to proceed with the Raze Order and delivery of it on the property at 305 E. Fifth Street, Parcel No. 261.0604.000. All Aye. Council Member Clough reported that the Emerald Ash Borer has been found in four spots in Clark County. Interim Police Chief Fehlman reported on July, 2019 complaints, citations, warnings and investigations. Council Member Weiers asked about ATV problems. Fehlman replied they have not seen any major incidents or major public concerns. Mayor Glassbrenner stated things are going well, the ATV ordinance is up for review in September and there may be a few things to tweak. Council Member Neville thanked Fehlman for his work as Interim Police Chief. Ryan Neville, Marshfield Medical Center-Neillsville, invited the Council Members to their ground breaking for the new medical facility on Monday, August 19, 2019 at NOON on site- N3700 River Avenue. Mayor Glassbrenner reported on a meeting with West Central Wisconsin Regional Planning Commission on the Economic Impact Analysis for the new hospital. “Class A” Retail Liquor and Malt Beverages License Application: BMAA Enterprises, LLC Russell’s of Neillsville, Justin W. Poeschel, Agent, 1008 E. Division Street Motion Quicker, second Clough to grant. All Aye. Soda Water License Application: BMAA Enterprises, LLC, Russell’s of Neillsville, Amanda J. Mortenson, Agent, 1008 E. Division Street Motion Clough, second Quicker to grant. All Aye. Tavern Operator’s License Applications: Allyssa M. Carney and Dixie L. Oldham Motion Clough, second Neville, to grant all the listed licenses. All Aye. Motion Weiers, second Clough, that City Bills Nos. 735 to 794 in the amount of $162,200.16 be paid. All Aye. Motion Counsell, second Neville, to adjourn. All Aye. ___________________________ Charles W. Glassbrenner, Mayor ___________________________ Rex R. Roehl, Clerk ************