City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM JULY 13, 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. Director of Public Works Friemoth reported on three burials at the Cemetery, lawn mowing and weed trimming, dragging ball diamonds, mowed two residential lawns, cutting up a few trees in the park, assisting with the Cemetery Eagle Scout project, fountain maintenance, storm sewer repair, prepped and paved street patches, hauling brush, street sweeping, Water Department-daily testing and maintenance, leak checking system, exercising water main valves, hydrant maintenance, Sewer Department–I & I testing, daily testing and lab work, plant and lift station maintenance, all departments working together to assist with Heritage Days set up and take down. Jerilyn St. Amand thanked everyone for their work on Heritage Days. City Attorney Wachsmuth presented a draft of “An Ordinance Amending Chapter 10-8 Fences and Amending §10-1-18 Yard Obstructions”. Discussion followed on §10-8-3(e) rear lot lines, fences with less than 25% open spacing, privacy fence as a variance, air flow and removing the sentence on rear lot lines to require all fences have at least 25% air flow. Discussion followed on §10-8-3(g) decorative fences, have 80% visibility through the fence, not functioning as a fence with the 80% and changing the percentage to 50% visibility through the fence. Discussion followed on §10-8-1 clarifying that ordinances applying to “accessory structures” do not apply to fences. Discussion followed on §10-8-6 non-conforming fences, grandfathering existing fences, having to bring these fences up to the ordinance standards if changed or not maintained. Director of Public Works Friemoth presented a request from OEM Fabricators for a second driveway at 1701 Industrial Park Drive. The second driveway would be 25 feet north of the present driveway and will be used to improve truck traffic flow. Motion Counsell, second Neville, to recommend to the Common Council to approve a second driveway for OEM Fabricators at 1701 Industrial Park Drive. All Aye. Jacob Brunette, Attorney for Clark County, presented a request to mark a loading zone on E. Sixth Street. The two west parking spots along the south side of E. Sixth Street by the Court Street intersection would be yellow painted. The County is implementing a single point of secured entrance on the north side of the Courthouse. The marking of a loading zone would allow for easy parcel truck and mail deliver and screening for Courthouse entry. The County also plans a sidewalk off Court Street along the northside of the building. Motion Murphy, second Harnisch, to recommend to the Common Council to approve the marking of a loading zone on E. Sixth Street for the Clark County Courthouse. All Aye. Jacob Brunette, Attorney for Clark County, presented a request to mark two crosswalks on E. Sixth Street. One crosswalk would be near the secured entrance, the second crosswalk would be by the Jail entrance. These crosswalks are expected to have high volume use by the public and employees, because of secured entrance implementations. Discussion followed on pedestrian crossing signs and painting. Director of Public Works Friemoth stated that paint is hard to come by right now. Motion Harnisch, second Neville, to recommend to the Common Council to approve the marking of two crosswalks on E. Sixth Street for Clark County Courthouse. All Aye. City Clerk Roehl presented the Second Quarter 2021 Water and Sewer Utilities Financial Statements. Motion Neville, second Counsell, to adjourn. All Aye. ___________________________________ Daniel M. Clough, Chair ___________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM JULY 13, 2021 7:12 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. Council Member Harnisch reported on the June 23, 2021 meeting of the Beautification Committee regarding: 1) discussion on mounting plaques on the rock at Prock Park, 2) discussion on a date to dedicate Prock Park, 3) discussion on and approval to present Chris Keller with a $100 gift certificate for her graphic design work on the Prock Park plaques, 4) discussion on the planting and weeding schedule, 5) discussion on hanging basket and decorations donations and Russell’s donation of soil and manure, 6) discussion on getting a post and plaque to recognize the Piece family for their tree donation in the Town Square. Mayor Murphy reported on the June 24, 2021 meeting of the Property Committee-City Hall and Police Department regarding: 1) work will begin next week on insulation and HVAC, 2) the plumbing fixes and election lights have been completed, 3) electrical fixes, interior fixes and reworking of the teller station area and cabinets will begin next week, 4) discussion on coordinating the cabinet installation with the electrical and IT cabling, 5) the Neillsville City Hall sign contract has been signed and down payment made, 6) discussion on and approval of tiling in the IT/Server room, 7) discussion on ordering Council Room/Election tables and chairs, 8) Audio Architects will be installing cabling the end of July-still looking into equipment for cable TV broadcasting, 9) discussion on Charter back peddling on the cost to connect the Cemetery to internet services, 10) the copy machine has been delivered, 11) the TDS telephone agreement has been signed and equipment ordered, 12) discussion on Fortinet security appliances for five locations and monthly maintenance fee for protection service, 13) the flagpoles have been ordered, 14) discussion on ordering delays and product substitutions, 15) discussion on advertising for an Other Part-time Custodian and 16) listing the safety deposit boxes with Wisconsin Surplus Auctions. Council Member Neville reported on the June 24 and July 6, 2021 meetings of the Heritage Days Committee regarding: 1) financial report, 2) updates on security, trailers and golf outing, 3) discussion on games and prizes, 4) discussion on the poster, 5) update on the downtown setup, parade, poker run and artifact competition, 6) discussion on vendors; and 7) discussion on setup and activities. City Attorney Wachsmuth presented the June 29, 2021 meeting of the Planning Commission and Economic Development Commission regarding: 1) Director of Public Work Friemoth’s presentation of the Conditional Use Permit application from Lisenby Properties, LLC for a public coffee shop at 216 Sunset Place, Parcel No. 261.0694.695, 2) Planning Commission discussion on and recommendation to approve a Conditional Use Permit for a public coffee shop at 216 Sunset Place, Parcel No. 261.0694.695, 3) presentation by Chris Straight, West Central Wisconsin Regional Planning Commission (WCWRPC), Senior Planner, of draft “City of Neillsville Year 2033 Comprehensive Plan” elements for discussion and review - Population and Housing element, Transportation element, Land Use element, Parks and Outdoor Recreation element, Historic and Cultural Resources element, Economic Development element (Economic Conditions, Strengths and Weaknesses; Current Economic Development Plans and Designated sites; Desired Business and Industries; Downtown Neillsville; Community Marketing and Branding; Economic Development Goals, Objectives and Policies); Land Use element (Projected Land Use Supply and Demand; Preferred Future Land Use Plan; Community, Character and Designs; Land Use Goals, Objectives and Policies) and Implementation element. City Clerk Roehl reported on the July 13, 2021 meeting of the Illegal Tax Committee regarding: 1) discussion on and recommendation that the uncollectible Personnel Property Taxes of ShopKo Hometown #627 for the year 2019 in the amount of $980.92, City share only, be written off and 2) discussion on and recommendation that the former Sierra Knight property, 319 E. Sixth Street, Parcel No. 261.0633.000, delinquent special charges and delinquent utilities in the amount of $1,204.84 be written off. City Clerk Roehl reported on the July 13, 2021 meeting of the Personnel Committee regarding: 1) discussion on the City of Neillsville Employment Policy, Chapter 3 Employment Practices, Sec. 3-4 Residency requirements for Emergency Personnel and 2) recommendation to eliminate Sec. 3-4 Residency requirements for Emergency Personnel. Council Member Clough reported on the July 13, 2021 meeting of Commission on Public Works/Utilities regarding: 1) current activities, 2) discussion on a draft of “An Ordinance Amending Chapter 10-8 Fences and Amending §10-1-18 Yard Obstructions, 3) discussion on and recommendation to approve a second driveway for OEM Fabricators at 1701 Industrial Park Drive, 4) discussion on and recommendation to approve the marking of a loading zone on E. Sixth Street for the Clark County Courthouse, 5) discussion on and recommendation to approve the marking of two crosswalks on E. Sixth Street for the Clark County Courthouse and 6) reviewed the Second Quarter 2021 Water and Sewer Financial Statements. Mayor Murphy declared all reports filed as presented with the City Clerk. 7:29 P.M.-Mayor Murphy declared the Public Hearing on the Conditional Use Permit for a Public Coffee Shop at 216 Sunset Place, Parcel No. 261.0694.695, Lisenby Properties, LLC, owner and applicant now open. Director of Public Works Friemoth presented the application, public notice of this public hearing was in the Clark County Press and area landowners were notified. Director of Public Works Friemoth stated the Planning Commission at it’s June 29, 2021 meeting discussed and recommended approval of the Conditional Use Permit. Mayor Murphy called for appearances. Lynda Lisenby, Business Manager for Lisenby Properties, stated that they are converting the former hospital into apartments with tenant amenities on the property. They have been approved for a “Just Love Coffee Café” franchise. This would be located in the former clinic area with a drive through. They would be hiring 12 to 16 employees with open to the public hours tentatively being 6:00 A.M. to 8:00 P.M. This franchise is based out of Nashville, TN. There will not be a full kitchen, all food offerings will be cooked using a waffle iron (breakfast, lunch and desserts), along with coffee, tea, expresso, etc., as well as a kid’s menu. They will be open for special events and fundraising opportunities. Jerilyn St. Amand asked if Sunset Place would be redone, there is a gap in the road and it’s bad at W. Second Street and Sunset Place, she is all for the development, but why was the drive through not seen on any of the plans and it will create way more traffic than the hospital did. Mayor Murphy called three times for appearances. 7:37 P.M.-Mayor Murphy declared the Conditional Use Permit Public Hearing closed. Motion Counsell, second Clough, to accept the Planning Commission recommendation to approve a Conditional Use Permit for a Public Coffee Shop at 216 Sunset Place, Parcel No. 261.0694.695, Lisenby Properties, LLC, owner. All Aye. Natalie Erpenbach, resident and Planning Commission member, stated she is here for the dog park issue and would like to talk on it at that time. Mayor Murphy asked if there were any questions on the Illegal Tax Committee items (1 and 2). Motion Clough, second Counsell, to accept the recommendation that the uncollectible Personal Property Taxes of ShopKo Hometown #627 for the year 2019 in the amount of $980.92, City share only, be written off. All Aye. Motion Neville, second Perrine, to accept the recommendation that the former Sierra Knight property, 319 E. Sixth Street, Parcel No. 261.0633.000, delinquent special charges and delinquent utilities in the amount of $1,204.84 be written off. All Aye. Mayor Murphy asked if there were any question on the Personnel Committee item (2). Motion Counsell, second Neville, to accept the recommendation to eliminate Sec. 3-4 Residency requirements for Emergency Personnel from the City of Neillsville Employment Policy. All Aye. Mayor Murphy asked if there were any questions on the Commission on Public Works/Utilities items (3, 4 and 5). Motion Perrine, second Counsell, to accept the recommendation to approve a second driveway for OEM Fabricators, at 1701 Industrial Park Drive. All Aye. Motion Clough, second Perrine, to accept the recommendation to approve the marking of a loading zone on E. Sixth Street for the Clark County Courthouse. All Aye. Motion Neville, second Clough, to accept the recommendation to approve the marking of two crosswalks on E. Sixth Street for the Clark County Courthouse. All Aye. Council Member Neville stated that the Dog Park Committee needs closure-an up or down vote. Do they have it at Listeman Park, do they look elsewhere, or do they disband. They need something so they can move on. Brianna Roehl stated that she has been with the Dog Park Committee for the last two years and Mandy Krejci has been working on it for five years. There was not much for fundraising last year due to COVID, but we are looking for resolution. Brianna Roehl stated the previous location at the end of W. Eighth Street was hidden and unknown by many and had concerns with wild animals and closed for lack of fencing, it lacked parking, accessibility, restrooms and water; the Committee looked at 13 different locations, Listeman Park is not the best place, but it is the best we have; Listeman Park is accessible, has restrooms, parking and access to water-the area is approximately 52,262 square feet or 1.2 acres, it would be divided for big and little dogs; goals for the Listeman Park location is to fundraise $1,500 for fencing, install a culvert and bring awareness; a list of dog park rules were presented and five year plan; Community Support-Neillsville Retirement Community Picnic in the Park, Facebook page; Community concerns-DNR letter and recommendation, contacting the Eau Claire Dog Park regarding their incidents, proximity to the playground; tourism possibilities. Council Member Clough asked how many of the Facebook comments were from Neillsville and the dump site was designated as the dog park with fencing to be added later, which did not happen. Council Member Neville stated we had to get rid of the dog park, our ordinances do not allow dogs to run at large. Natalie Erpenbach complimented Roehl and Krejci for doing a very good job. By statue any park has to come through the Planning Commission, in this case it would start with the Parks and Recreation Board. Action tonight would be preemptive. Council Member Neville stated that the Planning Committee took action by tabling it. City Attorney Wachsmuth stated it has to come to the Planning Commission, but Planning doesn’t have to act for it to move forward. Council Member Neville stated that Listeman Park Dog Park was the first and only option, the flood plan properties did not come before any committee, because of the FEMA regulations. Natalie Erpenbach reported working with Robyn Fennig, Wisconsin Emergency Management, the former Gustavson lot at 810 Grand Avenue (southwest side) is not quite a half-acre, is an option, don’t know the urgency, other options should come before the Parks and Recreation Board. On the northwest property in the 100-year flood plan an open air shelter could be put in, if we want to make a park there. Council Member Neville stated that they need a decision so they can move on. Ross Roehl stated he never found so many blank areas in the City before looking for a dog park site. The Gustavson property is by no means handicapped accessible, it has a tremendous drop off with a 45% slope, the area would have to be built up to make it accessible for everyone. Mayor Murphy stated you just don’t look at location; following the Seif girl attack in 1997 by pit bulls she worked on the pit bull ordinance; the Madison off leash dog park requires a permit; we need to keep both people and canines safe; dogs contacting other dogs with ticks or diseases; aggression and behavior problems have to be address; Nate McDonald as a member of the Parks and Recreation Board surveyed the neighborhood and no one was for it. Council Member Neville stated you can’t say no one, because the Neillsville Retirement Home was for it. Council Member Counsell stated you have to give the right information; it will be fenced and some measures will be taken to keep children safe. Mayor Murphy stated she had a letter from Chief of Police Mankowski. Council Member Neville stated the Chief of Police is here let him present it. Mayor Murphy asked Chief of Police Mankowski if he wanted to present it. Chief of Police Mankowski told Mayor Murphy to go ahead. Mayor Murphy read Chief of Police Mankowski’s letter stating the concept is well intended, but it is a bad idea for dogs to run off a leash. Chief of Police Mankowski stated when he started here parking downtown was an issue, he has concerns-maintenance and dogs we can’t control. How to enforce the rules, can volunteers come up with a plan-the Police Department doesn’t have the manpower or knowledge. Mandy Krejci stated the dog park has to have rules, if dog poop doesn’t get picked up, they have volunteers, starting an animal control, the Chief has valid concerns, but nothing can be done until after a decision is made. Brianna Roehl stated we can’t educate the public, if we don’t have a project. Council Member Neville asked do they continue or not. City Attorney Wachsmuth stated that the agenda is not specific does Neillsville want to have a dog park or a dog park in Listeman Park. * VETO – see page 139 for veto Mandy Krejci stated at one time Neillsville had a dog park. Mayor Murphy read from Ordinance Sec. 2-4-6(2) Matters Referred to the Commission. Council Member Neville stated that it did go to the Planning Commission. City Attorney Wachsmuth stated it has gone to the Planning Commission, the Planning Commission tabled it, now it’s back to the Common Council. Council Member Neville stated if not Listeman Park, where do we want it. *Motion Neville, to make a Dog Park in Listeman Park. Mayor Murphy stated all the locations should be looked at. Council Member Neville stated the Committee has. *Second Counsell. Mayor Murphy stated why put a dog park in a children’s park. Council Member Clough stated the old dump was designated as a dog park, but it did not function as one. Council Member Counsell stated the dump site was a fast, easy location, but not developed, the City has no liability, the dog owners have the responsibility and take the risk, it has access to water, it’s the best we have. Mandy Krejci stated that the Listeman Foundation donated $2,500 for a dog park. Council Member Clough stated the motion is to make a dog park in Listeman Park. *Mayor Murphy called the vote. On roll call: Council Member Neville-Aye, Council Member Counsell-Aye, Council Member Perrine-Nay, Council Member Clough-Nay, Council Member Harnisch-Aye. 3-Aye, 2-Nay. Motion carried. Council Member Harnisch stated that he was hesitant to vote, because of public notification, but did vote Aye. Mayor Murphy presented a request from the Neillsville Area Chamber of Commerce for use of CC Sniteman Town Square Park, Parking Lot and Gazebo and the East Library parking lot for the Autumn Harvest Fest Celebration, to hang a banner on the Gazebo announcing the event, to close Armory Avenue from Hewett Street to Court Street on October 9 and 10, 2021. Motion Clough, second Counsell, to grant the Neillsville Area Chamber of Commerce request for use of the CC Sniteman Town Square Park, Parking Lot and Gazebo and the East Library Parking lot for the Autumn Harvest Fest Celebration, to hang a banner on the Gazebo announcing the event, to close Armory Avenue from Hewett Street to Court Street on October 9 and 10, 2021. All Aye. Chief of Police Mankowski reported a successful Heritage Days event, the Neighborhood Officer Program introduced, reviewed the new state laws (2021 Wis Acts-Bills 99, 121, 122 and 123), training, June-citations, warnings, complaints, business checks, activity hours and budget. Council Member Neville thanked the Police Department for their help during the Heritage Days events. Mayor Murphy stated we had a wonderful Heritage Days event. Mayor Murphy stated that she is going to respond to Robert Johnson’s statement at the June 22, 2021 Council meeting about spending a half million dollars on a new building, but doesn’t want to compensate it workers. The City has received $126,000 of COVID Relief money which can be spent on public safety and health issues (public drive thru, more distant working conditions, safe voting conditions). The City spent $325,000 on the former BMO Bank building, and has budgeted $210,000 for improvements for a total of $535,000 less the $126,000 COVID Relief leaves a net cost of $409,000. Council Member Counsell stated so the first full check is going to the building, the second check can be used for water and sewer. Mayor Murphy stated the building is an investment in the future, technology in all City departments need upgrading, the City will be more visible to the public on the intersection of Highways 10 and 73, the drive-up window will help everyone in paying utility bills and taxes, improve working conditions at both City Hall and Police Department and better parking condition. We are doing the best we can to compensate our employees at the present time, the Police Union Contract was negotiated in October, 2020, we are not the only community searching for police officers. City Clerk Roehl reported that the Wisconsin Department of Revenue on behalf of the US Treasury Department distributed the American Rescue Plan Act (ARPA)-Local Fiscal Recovery Funds to non-entitlement units, our 2021 payment of $126,073.27 was received on June 25, 2021 and placed in a separate bank account and the Second Quarter 2021 City Financial Statements. Tavern Operator’s License Applications: Michael P. Hart, Brianna C. Hogan, Stephanie M. Opelt, Linda L. Polzin Motion Counsell, second Harnisch, to grant all the listed licenses. All Aye. Motion Neville, second Clough, that City Bills Nos. 612 to 669 in the amount of $297,599.92 be paid. All Aye. Motion Counsell, second Neville, to adjourn. All Aye. __________________________________ Diane L. Murphy, Mayor ________________________________ Rex R. Roehl, Clerk ************