City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM APRIL 27, 2021 6:45 P.M. The Commission on Public Works/Utilities met in regular session, Chair Clough presiding. On roll call: all members present. The minutes of the previous meeting were declared approved. Chair Clough asked for nominations for Chair of the Commission on Public Works/Utilities for the upcoming year. Council Member Neville nominated Council Member Clough, Motion Neville, second Harnisch, to close nominations and cast a unanimous ballot for Council Member Clough as Commission Chair. All Aye. Director of Public Works Friemoth reported on one burial at the Cemetery, Spring clean-up week is in progress, park restrooms are open, organizing the new Cemetery building, the Listeman Park East restroom walls and roof are done, waiting on steel doors, electrical and plumbing fixtures, equipment maintenance, road repairs around the City, hauling brush, street sweeping, Water Department-meter changeouts and installed radio readouts, daily testing and maintenance, leak checking the system, exercising water main valves, Sewer Department-I and I testing, daily testing and lab work, finish videotaping and jetting sewer mains, putting in UV disinfection lights at plant discharge. Director of Public Works Friemoth presented Fence Ordinance proposed changes – 1) put all fence references and matters in one location (front yard, maintenance, etc.), 2) requiring written agreement with neighbors for a fence directly on the property line, 3) a setback from property line for maintenance, 4) requiring site plans-location drawing, picture of fence style and height, 5) corner lots – vision triangle setback from road right-of-way or alley right of way, 6) person erecting the fence is responsible for determining the proper and legal location of the fence, 7) maintenance requirements and 8) does fences include hedges. City Attorney Wachsmuth asked what items the Commission wants address. Discussion followed on site plan definition, property line fence agreement with the neighbor, possible adverse possession after twenty years, type of fence and maintenance by property owner on both sides of the fence. Council Member Counsell stated it would make like easier if the ordinance says “x”, bring it up to date and make things consistent, the type of fence makes a difference. Council Member Clough stated that he is in favor of the ordinance having less rather than more detail. Have the City Attorney and Director of Public Works put something together. Director of Public Works Friemoth presented a request from the Neillsville Trout Pond Members asking for a $250 donation to help stock the Neillsville Trout Pond at Listeman Park. Discussion on using Room Tax funds or Economic Development funds. City Attorney Wachsmuth stated that Room Tax funds can’t be used. Council Member Counsell asked about restrictions. Director of Public Works Friemoth stated it is for children age 12 and under and all other State laws have to followed. Motion Counsell, second Neville, to refer the Neillsville Trout Pond Members request to the Economic Development Commission for further review. All Aye. Motion Counsell, second Clough, that Water Bills Nos. 75 to 103 in the amount of $57,489.57 and Sewer Bills Nos. 62 to 85 in the amount of $120,539.83 be paid. All Aye. Motion Neville, second Murphy, to adjourn. All Aye. ___________________________________ Daniel M. Clough, Chair ________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM APRIL 27, 2021 7:03 P.M. The Common Council met in regular session, Mayor Murphy presiding. On roll call: all members present. The Pledge of Allegiance was recited. The minutes of the previous meetings were declared approved. Mayor Murphy reported on the April 20, 2021 meeting of the Board of Health regarding: 1) Health Officer Bakker’s City annual health report and activities for 2020-2021 and 2) discussion on and approval that each Council Member do an individual tour of their ward with the Director of Public Works. Mayor Murphy reported on the April 20, 2021 meeting of the Heritage Days Committee regarding: 1) discussion on a Fire Department display, helicopter, child safety seat demo and a two vehicle demonstration, 2) update on Miss Neillsville activities, 3) discussion on and approval of a $500 donation for upgrading the Miss Neillsville Float, 4) discussion on security for bands and new shirts, 5) discussion on new pottery item, 6) discussion on and hiring of Bree Morgan Reloaded (a Country band) for Friday, July 9, 2021 and 7) discussion on other Heritage Days events. Council Member Harnisch reported on the April 21, 2021 meeting of the Historic Preservation Commission regarding: 1) discussion on and approval of a Certificate of Appropriateness application for Christopher and Nicole Keller, 218 Clay Street, for replacement of one large exterior glass window, 2) discussion on and approval of a $363.45 Historic Preservation Grant for Christopher and Nicole Keller, 218 Clay Street, for Certificate of Appropriateness work approved, 3) discussion on the preliminary nomination of the “Merchants Hotel property”, 105 W. Seventh Street, to the Local Historic Register, 4) discussion on and approval of the 2021 Action Plan, 5) reviewed the City Comprehensive Plan-Historic Preservation revisions, listing and pictures of selected properties and the Historic/Cultural/Tourism related information and 6) discussion on funds. Mayor Murphy reported on the April 22, 2021 meeting of the Property Committee-City Hall and Police Department regarding: 1) the new City Hall building, 106 W. Division Street- insulation; limited use elevator/vertical chair lift/stair lift; signage-City Hall, entrances, walk-up, drive-up, drop box, visitor, etc.; flooring; internet, telephone, audio and WIFI services; flag poles; keys, keyless entry and access cards; lighting-security, automatic switches, election booths; reconfiguring work areas; plumbing and electrical; 2) discussion on and approval of Council Member Julie Counsell as Project Manager, 3) discussion on and approval of buying, installing and lighting three flag poles, 4) discussion on moving City Hall to the new building and leaving the Police Department downtown, 5) discussion on the downtown City Hall building-updates needed, changing door locks, moving the server and re-cabling the router, 6) discussion on the new City Hall contents-Council tables and chairs, election tables and chairs, removal of safety deposit boxes, file cabinets, storage shelves and proposed office layout. City Attorney Wachsmuth presented the April 23, 2021 Joint Meeting of the Planning Commission and Parks and Recreation Board regarding: 1) Jon Counsell reviewing the agenda items-citing Wis. Stats. 19.84(2) concerns, 2) a motion by Council Member Julie Counsell to adjourn the meeting-died for lack of a second, 2) Adam Marciniak, Friends of the Black River, presented an idea for two trails (one paved, one unpaved) down by the Wastewater Treatment Plant and Black River, 4) Natalie Erpenbach reported on contacting Wisconsin Emergency Management regarding using the property on Grand Avenue, purchased with FEMA funds, for a Dog Park and their correspondence going back and forth, 5) Dan Clough, Neillsville Improvement Corporation (NIC) and Dan Borchardt (MSA Engineering) presented a draft Trailhead plan for a bike trail by the old Legion Hall/Fountain Park, 6) discussion on coordination between the City and NIC, 7) discussion on the City becoming a co-signer with NIC on a DNR Grant application, it would cost the City nothing, NIC has raised about $40,000 and would be the Fiscal Agent on the matching grant requested and 8) both the Planning Commission and Parks and Recreation Board approvals to forward the information from NIC to the Common Council to be a potential co-signer on the DNR Grant application providing that City Attorney Wachsmuth reviews the document prior to the Council meeting. City Clerk Roehl reported on the April 27, 2021 meeting of the Personnel Committee regarding: 1) discussion on and recommendation to place all the Other Part-time employee applicants as presented in a pool for the Cemetery, Parks, City Hall, Public Works and Recreation Departments to draw from as needed. The applicants are: Andrew Brown, Cody Crillo, Dante Erickson, Austin Gilles, Jeffery Johnson, Easten Schultz and Carter Urban and 2) a closed session on the Assistant Clerk-Treasurer position-the meeting adjourned in closed session. Council Member Clough reported on the April 27, 2021 meeting of the Commission on Public Work/Utilities regarding: 1) current activities, 2) discussion on proposal changes and updating City Ordinance 10-8 Fences, 3) discussion on and referral of a request from the Neillsville Trout Pond Members for a $250 donation to help stock the Neillsville Trout Pond in Listeman Park to the Economic Development Commission for further review and 4) payment of bills. Mayor Murphy declared all reports filed as presented with the City Clerk. Mayor Murphy called for appearances. Deanna Heiman, Neillsville Improvement Corporation (NIC) President, stated that for over thirty years NIC has been collaborating with the City, The Town Square Park and Library expansion are examples of our past partnerships, placemaking exercise and long range planning for an economic development. NIC will serve as the Fiscal Agent and hired professional engineers to help with Trailhead planning. The trail will become a public space and contribute to economic development, benefitting to community. We ask for your support. Ann Clark appeared in support of the Rails to Trails project. Denise Clough, NIC Treasurer, stated NIC has prepared the grant application proposal, the trail has been in various plans for many years, in June 2019 the City passed a Resolution in support of a trail, this is just a portion of a larger trail project. The trail will benefit the community as well as provide more outdoors activity for people. She doesn’t understand the negative push back, life is short, we need to work together to make things better and benefit the whole County. Eve Lindo appeared in support of the trail project. Deb Perkl appeared in support of the Rails to Trails project and stated that she doesn’t understand the controversy about it. Tom Opelt appeared in support of the project, stating his grandchildren want to ride bike when they visit, and a trail is safer than a road. If this trail saves one life, it is worth it. Judy Lindner stated she likes to walk and bike and a trail would promote and enhance recreation programming. Kathleen Watson appeared in support of the trail, riding bike on the road is putting yourself out there, a trail is more safe and wider. Marie Wentz appeared in support of the trail. Ann Wegner appeared in support of the trail. Brent Shoup appeared in support of the trail and urged the Council to become a co-signer on the grant application. He has concerns about the downtown area and losing businesses. Jerilyn St. Amand stated at the new City Hall, the City should look at Badger State Industries and Vendor.net for purchasing items, at a cost savings as they have pre-negotiated and contract rates. Susan Backaus, NIC Secretary and retired Health Department nurse appeared in support of the trail and the City being a co-signer on the grant application. The County has a 150 page Health Improvement Plan which happens to support walking and bike trails. Connie Opelt stated that she is a strong supporter of NIC, the trail project, the Dog Park and Friends of the Black River. Everyone of these projects are great and has safety behind it. The Black River project will bring in out of town people, the Black River is extremely dangerous and should be signed. All these projects are safely oriented. Neillsville is her hometown and she would like to see it grow and development projects are essential. Mayor Murphy stated that Kwik Trip has requested to temporarily use the parking lot behind the BMO Building. Council Member Counsell stated she talked to Amber Vine, Store Leader Kwik Trip. They are looking at training ten people at the most, on the 1st and 2nd shifts, during the day. They have a camera that shoots at the parking lot. At the last meeting there was talk about liability and waivers. We don’t ask for waivers at the Farmers Market or parks. Are we putting an onus on them or a liability that doesn’t exist. Mayor Murphy asked how many months would it be, downtown people have to pay $35 per vehicle per quarter to park. Council Member Counsell stated it would only be to the end of July for ten people. Council Member Neville stated we give business owners a free pass, we don’t have the lot signed, what are we going to do-tow them. Mayor Murphy asked about the liability. City Attorney Wachsmuth stated she would be hard pressed to see the trouble, it is not winter with slips and falls, they are at their own risk. Motion Counsell, to grant the request from Kwik Trip to use the parking lot behind the BMO Building from now until the end of July with up to twelve business parking spaces maximum. Council Member Clough stated that he would support the motion with the understanding that if City needs to get in with equipment, they will work with us. Amended: Motion Counsell, second Clough, to grant the request from Kwik Trip to use the parking lot behind BMO Building from now until the end of July with up to twelve business parking spaces maximum with the understanding that if the City needs to get in with equipment, they will work with us. All Aye. Mayor Murphy asked if there were any questions on the Property Committee-City Hall and Police Department item (3). Council Member Neville stated that we have not decided on a project budget. City Attorney Wachsmuth stated that you can pass the flag poles tonight and have the Finance Committee discuss a budget. Council Member Counsell stated that there is a long lead-time to order flag poles. Motion Counsell, second Perrine, to order the flag poles at a cost of approximately $3,500. All Aye. Mayor Murphy asked if there were any questions on the Joint Planning Commission and Parks and Recreation Board item (8). Council Member Counsell asked if City Attorney Wachsmuth had a chance to review the grant application documents. City Attorney Wachsmuth stated she looked at the grant application, she doesn’t know the specifications of the project, but the application is not a contract and she did not see anything that concerns her. Motion Counsell, second Neville, to authorize the City to become a co-signer with NIC on the DNR Grant application for the O’Neill Trailhead and Trail Project. All Aye. Mayor Murphy asked if there were any questions on the Personnel Committee item (1). Motion Neville, second Counsell, to accept the recommendation to place all the Other Part-time employee applications in a pool for Cemetery, Parks, City Hall, Public Works and Recreation Department to draw from as needed. All Aye. Council Member Counsell stated that in light of what happened with the Marshfield Mayor, who is no longer Mayor, and the maintaining and keeping of City information. City Officials should obtain emails on the City system instead of personal emails. City Clerk Roehl states that officials could be added to the City system for $6.50 per month, per user. City Attorney Wachsmuth stated that she had been given a City email account before, she didn’t like it at all, she was missing emails, it’s just another thing to check, it was just a mess, she would keep her own. Council Member Counsell stated we are expected to maintain our email, this is just for information. Council Member Neville stated if you want a City email, it is available. If you don’t want it, don’t use it. Council Member Harnisch reported on checking on other communities and it appears to be a mix of use-some don’t have email address on their website, some use a City type address others personal Gmail type. Council Member Counsell stated at the last meeting she read two communications. What qualifies as a communication which gets read by the City Clerk at Council meetings. City Clerk Roehl stated if correspondence is addressed specifically to the Mayor or Council Member it is given directly to them. If it is directed to the Council generally or information from the State, another unit of government, etc. it would be brought in. Mayor Murphy stated the Police and Fire Commission would be electing their own Commission Chair. Mayor Murphy presented a request from Randy Fitzmaurice, Motorhead Mafia Car Club President, for closing W. Seventh Street, W. Sixth Street, West Street and the lower City parking lot on Saturday, July 17, 2021 from 7:00 AM to 4:00 PM for a car and bike show. Motion Clough, second Counsell, to grant the request to close West Street from W. Eighth Street to the Unity Bank parking lot, W. Seventh Street from Hewett Street to Grand Avenue, the intersection of West Street and W. Sixth Street and the lower City parking lot on Saturday, July 17, 2021 from 7:00 AM to 4:00 PM for a car and bike show. All Aye. City Clerk Roehl presented Kolin Schmitz Eagle Scout Project donations in the amount of $1,550 for the Cemetery landscaping project. Motion Counsell, second Clough, to accept and appropriate $1,550 to Account No. 57620 Park Outlay and to thank the donors. All Aye. City Attorney Wachsmuth stated that she has reviewed the resolution received from NIC. Wachsmuth suggests two changes: in #2 adding the words “provided to the City by NIC” and in #3 adding the words “resolution and grant application” for clarity. Council Member Clough stated he had no problem with the change. City Attorney Wachsmuth read the following resolution. RESOLUTION NO. 610 A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION BY THE CITY OF NEILLSVILLE TO THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES STEWARDSHIP GRANT PROGRAM WHEREAS, the City of Neillsville is interested in developing lands for public outdoor recreation purposes as described in the application; and WHEREAS, financial aid is required to carry out the project; THEREFORE, BE IT RESOLVED, that the City of Neillsville has partnered with the Neillsville Improvement Corporation (NIC) to complete the project and NIC will act as the fiscal agent, and HEREBY AUTHORIZES, Diane Murphy, City Mayor, to act on behalf of the City of Neillsville to: 1. Submit an application to the State of Wisconsin Department of Natural Resources for any financial aid that may be available; 2. Submit reimbursement claims along with necessary supporting documentation provided to the City by NIC, within 6 months of project completion date; 3. Submit signed resolution and grant application; and BE IT FURTHER RESOLVED, that the City of Neillsville will comply with State or Federal rules for the programs for the general public during reasonable hours consistent with the type of facility; and will obtain from the State of Wisconsin Department of Natural Resources or the National Park Service approval in writing before any change is made in the use of the Project size. ______________________________________ Diane L. Murphy, Mayor __________________________________ Rex R. Roehl, Clerk Motion Perrine, second Neville, that Resolution No. 610 be adopted with the changes made. All Aye. Fire Chief Matt Meyer reported on the First Quarter 2021. Hosting the Clark County Emergency Services Association meeting, the old hotel evacuation, ice rescue training, did a public service program with WCCN for winter fire safety, ordered the 4th of July fireworks, did ladder tests; the whole department attended an eight-hour DNR Wildfire training, attended Community Fire Hall and Rural Fire Association meetings; changing the Smokey Bear sign, attending a Heritage Days meeting. The Department responded to 19 calls (7-City: two structure fires, rekindled structure fire, motor vehicle fire, two ambulance lift assists, smoke smell; 12-Rural: two shed fires, two mutual aid calls, two structure fires, recall on structure fire, two chimney fires, two grass fires, ambulance lift assist). The City’s trucks are in good condition; however, the 1978 International is 43 years old and cannot pass the pump test, the 1995 Freightliner is 26 years old. The Fire Department is in need of new firefighters. Council Member Counsell asked about practice burns. Fire Chief Meyer stated that they are hard to do, DNR permission is needed and we can’t burn old buildings with asbestos. Chief of Police Mankowski reported that Alex Marth and Erik Backlund were hired as Other Part-time Patrol Officers; Alex Marth will be promoted to Full-time Patrol Officer effective June 1, 2021; Mankowski completed an eight-hour training in investigating and interpreting videos recorded use of force incidents; working on Open Police Reports from 2019; and March citations, warnings, complaints, business checks and activity hours. City Attorney Wachsmuth stated that with a number of new committee members she was asked to review the open meeting law and walking quorums. Members of a committee should never talk to a quorum of the committee outside of a posted meeting having an agenda. This includes having an email go around or you talk to one member, then go to another or small groups were less than a quorum could affect the vote outcome. Council Member Counsell stated you can talk to one other person. Soda Water License Application: Motorhead Mafia Car Club, Randy Fitzmaurice, Agent, 600 block of West Street, for July 17, 2021 – Car and Bike Show. Motion Counsell, second Neville, to grant. All Aye. Tavern Operator’s License Application: John C. Subke Motion Neville, second Perrine, to grant. All Aye. Motion Clough, second Perrine, that City Bills Nos. 373 to 419 in the amount of $182,572.92 be paid. All Aye. Motion Counsell, second Neville, to adjourn. All Aye. ___________________________________ Diane L. Murphy, Mayor ________________________________ Rex R. Roehl, Clerk ************