City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM JULY 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. Director of Public Works Friemoth reported on three burials at the Cemetery, lawn mowing and weed trimming, dragging ball diamonds, mowed three residential lawns, replaced a culvert at Cemetery Road, storm sewer repair, prepped and paved street patches, hauling brush, street sweeping, Water Department-daily testing and maintenance, leak checking system, mowing wells and booster station, exercising water main valves and meter change outs and installing radio readouts, Sewer Department–I & I testing, daily lab work, plant and lift station maintenance, the leaf vac is in need of major repairs we are looking into renting this year, reminders to not blow grass clippings into the street and that the City dump site is for residents only-not contractors and street work will begin next week on the W. Fifth Street hill beginning at Ferguson Street going West, with both blacktop and concrete removal, the base being redone and paving. City Attorney Wachsmuth reviewed changes made to “An Ordinance Amending Chapter 10-8 Fences and Amending §10-1-18 Yard Obstructions” and read Ordinance No. 1065. Discussion on fences being no closer than two feet from the lot line, leaving a four foot no man’s area, can a riding lawn mower fit on your two-foot area, two feet is the minimum. Motion Counsell, second Harnisch, to recommend to the Common Council that Ordinance No. 1065 be adopted. (See the Common Council minutes of July 27, 2021 for the printed ordinance). All Aye. Motion Neville, second Murphy, that Water Bills Nos. 152 to 187 in the amount of $93,244.25 and Sewer Bills Nos. 115 to 140 in the amount of $104,163.75 be paid. All Aye. Motion Murphy, second Harnisch, to adjourn. All Aye. ___________________________________ Daniel M. Clough, Chair ___________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM JULY 27, 2021 7:00 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 Neville reported on the July 20, 2021 meeting of the Personnel Committee regarding a closed session on interviewing candidates for the City Custodian position-the meeting adjourned in closed session. Mayor Murphy presented the July 20, 2021 meeting of the Planning Commission regarding: 1) Chris Straight, West Central Wisconsin Regional Planning Commission (WCWRPC) Senior Planner, presented the Initial Working Draft Project Plan for Creation of Neillsville TID No, 4 (a mixed use TID)-Introduction; Qualification Statement and Findings; Providing Orderly Development; Description and Development Assumptions; Proposed Public Improvement and Project Costs; Relocation of Displaced Persons; Non-Project and Ineligible Costs; Methods of Scheduling of Financing Projects; Share of Tax Increment for Overlying Jurisdictions, 2) discussion on the draft plan and a possible Alternative Boundary, 3) discussion on and approval to go with the Initial Project Plan Creation of Tax Incremental District No. 4 (a mixed use TID) and 4) discussion on and approval to set Thursday, August 19, 2021 at 6:00 P.M. for the Planning Commission public hearing on the proposed TID No. 4 project plan. Council Member Harnisch reported on the July 21, 2021 meeting of the Historic Preservation Commission regarding: 1) discussion on draft nomination/application of the “Merchants Hotel property”, 105 W. Seventh Street to the Local Register of Historic Properties, 2) discussion on the Clark County Property Committee meeting regarding needed repairs at the Clark County Jail Museum and options for evaluating scope of work and funding, 3) discussion on funds, 4) discussion on and approval of payment of Historic Preservation Improvement Grant in the amount of $500 for roof repairs (facia stabilization), 534/538 Hewett Street, Egland Enterprises, LLC and 5) discussion on on-line resources available to WI Local Historic Preservation Commission from the WI Historical Society. Council Member Harnisch reported on the July 23, 2021 meeting of the Property Committee-City Hall and Police Department regarding: 1) the teller line has been torn out and cabinets will be installed next week, 2) the insulation is complete, 3) HVAC work are in progress, the cooling system needs addition work and parts, 4) the election lighting is complete, work on electrical fixes and automatic switches are in progress, 5) plumbing fixes are complete; 6) the safety deposit boxes have been sold and removed, 7) Council Room/Election tables and chairs and direction signs will be ordered next week, 8) the flooring is on hold until the cabinets are installed, 9) modems, server and equipment has arrived and is being preconfigured and waiting for the IT/Server room to be tiled, 10) discussion on and approval to temporarily install a Charter internet service at the City Shop to resolve the internet service installation package at the new City Hall and Cemetery Shop, 11) discussion on and approval to title the vault now that the safety deposit boxes have been removed, 12) still waiting on the flagpoles, 13) discussion on landscaping around the building, 14) still looking for a custodian, 15) discussion on and recommending that American Rescue Plan Act (ARPA)-Local Fiscal Recovery Funds in the amount of $126,000 be used for technology/equipment upgrades; Council Room/Election tables, chairs and lighting; and former teller line/drive up remodeling, 16) discussion on and recommendation that the City proceed with a loan borrowing of $550,000 for the purchase price and costs of the new City Hall building, remodeling costs, technology/equipment upgrades, signage etc., if the ARPA funds are applied, this recommendation can be reduced to $425,000 and 17) discussion on holding the Friday, September 17, 2021 Board of Review at the current downtown location. Council Member Clough reported on the July 27, 2021 meeting of Commission on Public Works/Utilities regarding: 1) current activities, 2) discussion on and recommendation that Ordinance No. 1065 be adopted and 3) payment of bills Mayor Murphy declared all reports filed as presented with the City Clerk. Mayor Murphy called for appearances, stating if you are here for the dog park items please wait until that time. Mandy Krejci stated she would like to speak on another agenda item. Mayor Murphy replied she could wait for the item. Jon Counsell stated that he read Mayor Murphy’s reason for the veto being the agenda item (at the July 13, 2021 Common Council meeting)–“Discussion and action on Neillsville Dog Park”-did not sufficiently notify the public for discussion and action that was taken. Jon Counsell stated he raised the question if the agenda was specific enough at the April 22, 2021 joint meeting of the Planning Commission and Park and Recreation Board when the agenda listed – 1) future improvements to public property-Friends of the Black River, 2) Dog Park, 3) draft Trailhead Plan-Neillsville Improvement Corporation (NIC)and MSA Engineering, 4) future City and NIC Coordination and 5) the City to become a co-signer on a DNR grant application. Jon Counsell stated a motion was made to adjourn the meeting, it died, that meeting could have been rescheduled, but Mayor Murphy stated people are here for us to get their thoughts on things. Why was the April 22, 2021 meeting agenda good enough and the July 13, 2021 not sufficient. Is it hypercritical or a double standard. Mayor Murphy has to answer that. The agenda item could have been rescheduled and wording fixed, then a Veto would not have been necessary, it could have been avoided. Mayor Murphy asked if there were any questions on the Property Committee items (16 and 17). Discussion followed on American Rescue Plan Act (ARPA)-Local Fiscal Recovery Funds requests going through the Finance Committee and the Mayor response to Robert Johnson’s statement at the last meeting regarding the new City Hall building. Motion Counsell, second Neville, that all ARPA funds uses be referred to the Finance Committee and reviewed in writing by the City Attorney for permissible use. All Aye. Discussion followed on the new City Hall loan borrowing amount. Motion Clough, second Harnisch, to accept the recommendation to proceed with the loan borrowing of $550,000 for the purchase price and costs of the new City Hall building, remodeling costs, technology/equipment upgrades, signage, etc. All Aye. Mayor Murphy asked if there were any questions on the Commission Public Works/Utilities item. ORDINANCE NO. 1065 AN ORDINANCE AMENDING CHAPTER 10-8, FENCES AND AMENDING §10-1-18 YARD OBSTRUCTIONS The Common Council of the City of Neillsville does hereby ordain as follows: Section 10-1-18(k) is hereby amended as follows: (k) Fences are allowed in all yards provided they are within the height and construction limitations specified in Chapter 10-8, Neillsville Ordinances. Continuous linear shrubbery, such as hedges are allowed in all yards provided they are within the height limitations as follows: (1) In front yards, not to exceed four (4) feet in height except at corner lots where it may not exceed three (3) feet. (2) In side and rear yards not to exceed five (5) feet. (3) On any corner lot, where there exists any, or a combination of any, two (2) existing or proposed intersecting streets, highways or alley right-of-ways, not to exceed two (2) feet in the triangular spaced formed within 15 feet of the intersection. (4) Do not exceed into or encroach upon sidewalks. Chapter 10-8 is amended as follows: SEC. 10-8-1 PROHIBITED FENCES. (a) No fence shall be constructed, erected, reconstructed, rebuilt or replaced which exceeds the limitations of this ordinance. (b) No electricity charged or other inherently dangerous fence, such as barbed wire, corrugated metal and razor wire, shall be permitted unless otherwise provided in this ordinance. (c) The provisions of 10-1-35(e)(3), 10-1-36(d)(3) and 10-1-37(e)(3) for “accessory structures” shall not apply to fences. Residential fences shall be regulated by this Chapter. SEC. 10-8-2 FENCE PERMIT; SITE PLAN; FEE. (a) FENCE PERMIT. No fence shall be constructed, erected, reconstructed, rebuilt or replaced without first obtaining a permit from the Building Inspector. (b) SITE PLAN. A plan showing lot lines, existing building locations and dimensions, as well as existing and proposed fence locations and fence design shall accompany the application for such permit. The plan should also show abutting streets, easements, utilities and proposed setbacks. The Building Inspector shall review and approved the proposed site plan before issuing a fence permit. (c) The fee for a fence permit shall be as established from time to time by the City Council. SEC. 10-8-3 RESTRICTIONS; CONDITIONS. (a) Within a residential district lying adjacent to or abutting another residential district, no fence exceeding six (6) feet in height shall be erected, constructed or maintained in back and side yards, except as stated hereafter. (b) Where a residential district lies adjacent to or abuts a non-residential district, no fence exceeding seven (7) feet in height shall be erected, constructed or maintained along that portion of the lot line lying adjacent to or abutting a non-residential district. Any district not zoned as a residential district shall be considered a non-residential district. (c) In any non-residential area, fences shall be of such type and construction that shall allow people outside the fence to see through it without hindrance. In an industrial area where barbed wire is used, the lowest strand shall be a minimum of six (6) feet above the grade. (d) In the public interest and for snow plowing purposes, no fence barrier shall be erected, built or placed nearer than three (3) feet from any alley lot line. (e) All fences hereafter erected or constructed shall provide openings for a passage of air equivalent to twenty-five (25%) percent of the surface area of the fence and shall have the structural components thereof facing the side of the property for and on which the same is erected. (f) On any corner lot, where there exists any, or a combination of any two (2) existing or proposed intersecting streets, highways or alley right-of-ways, no fence more than two (2) feet in height shall be placed so as to interfere with clear vision from one street to another on such lines located fifteen (15) feet from the intersection. (g) In any residential district, no fence shall extend nearer to the street than the front line of the building or the from setback line as set forth in the zoning code for such residential district, whichever is nearer. No fence erected on the front lot line of the property shall exceed three (3) feet in height and shall only be decorative in nature. Decorative fence means a fence constructed of wood, wrought iron, vinyl or other decorative material. Decorative fences shall be designed and constructed so as to have fifty (50%) percent visibility through the fence. (h) In any residential district, no lengthwise fence shall be erected, placed, installed or re-installed in any area where there is a distance between main residential buildings of then (10) feet or less. (i) Except as otherwise stated herein, fences shall be located no closer than two (2) feet from the lot line. (j) Any fence constructed so as to make it impossible for the reading of utility meters shall have a gate which gives access without entering through any building. (k) The owner of property on which a fence is constructed shall maintain the fence in good repair at all times.  SEC. 10-8-4 SPECIAL PURPOSE FENCES. Fencing for swimming pools, confining dogs, etc., shall not exceed six (6) feet in height, and shall conform to the building setbacks of this Title. SEC. 10-8-5 HEIGHT DETERMINATION. The height of any fence erected under this Chapter shall be determined by the measurement from the uppermost point of the fence to the existing ground level of the property. Should a six inch ground clearance be provided in the design for ground slopes and maintenance, that clearance will not contribute to the measurement of the maximum fence height. SEC. 10-8-6 NONCONFORMING FENCES. Any fence which exists at the time of adoption of this ordinance which does not conform with the provisions thereof may continue to be maintained. However no existing fence which does not conform with the provisions of this ordinance shall be altered, modified, improved or enlarged without bringing the entire fence into compliance with the provisions of this Chapter. SEC. 10-8-7 SWIMMING POOL FENCES REGULATED. (a) FENCING REQUIRED. No swimming pool shall be used, constructed, erected or maintained in any district unless the swimming pool, or property on which it is located, shall be surrounded by a fence or a wall not less than four (4) feet or greater than six (6) feet in height, which shall have a gate with a lock so as to prevent uncontrolled access by children to the pool water. (b) DEFINITION. A swimming pool is defined as any below ground enclosure of water to include, but not be limited to, a natural or man-made tank or pool of sufficient size, depth or height to enclose water at any point of greater than 1 ½ feet in depth. ______________________________ Diane L. Murphy, Mayor ______________________________ Rex R. Roehl, Clerk Motion Counsell, second Clough, to accept the recommendation that Ordinance No. 1065 be adopted. All Aye. Mayor Murphy presented the following veto. VETO 2021-1 I, Mayor Diane L. Murphy, City of Neillsville, veto the action of the Common Council at the July 13, 2021, Common Council Meeting in which they voted to locate a Dog Park in the City of Neillsville Listeman Park with a 3 aye, 2 nay, vote. The reason for my veto is the agenda item “Discussion and action on Neillsville Dog Park” did not sufficiently notify the public for the discussion and action that was taken. This agenda item was not appropriate for informing the public as to the intent of the subject matter presented at the 7-13-21 Common Council Meeting. ______________________________ Mayor, Diane L. Murphy Filed this 16th day of July 2021, in the office of the City Clerk-Treasurer. ______________________________ Rex R. Roehl, Clerk-Treasurer City Attorney Wachsmuth stated that the Council’s vote options: 1) vote to override this is an action requiring 2/3 of the total number of Council Members or 4 out of 5, 2) table action on the veto to a different date, or 3) take no action-the veto stands and the previous action is voided. No action taken-veto stands. Mayor Murphy stated the next is forming a committee to study the need, costs and location of a future dog park. Motion Counsell, to not create a new committee and instead refer the issue of a dog park to the Parks and Recreation Board to work with the existing Ad Hoc committee, to gather information, formulate a plan and make recommendations to the Planning Commission and Common Council. Second Neville. Council Member Clough asked that the people be allowed to talk before the vote. Peter Winistorfer stated that there is a motion and a second to not form a Committee, the Dog Park Committee has done its due diligence, the appointed Board should work with the Committee. Bob Johnson stated the he surveyed his neighbors-eight residents have ten dogs and seven of them won’t use a dog park. Who is going to police it. Council Member Neville stated we don’t need a committee, this has been stalled for more than a year and a half, take it to the Parks and Recreation Board again, keep it going, the Dog Park Committee needs closure. Council Member Harnisch stated that we have two letters here from people being interested in being on a committee-Mandy Krejci and Denise Czarnecki. Formalize a committee with more members. City Attorney Wachsmuth stated a City committee is subject to open meeting law and agendas and Ad Hoc committee is not part of the public agenda. Jon Counsell stated refer it to the Parks and Recreation Board, let them schedule an open meeting so the people can come in and have their say, with the goal of the Board coming back with a recommendation. Mandy Krejci stated she has concerns about forming another committee, stop all these rounds we’ve been to the Parks and Recreation Board and Planning Commission, we recognize that the Listeman Park is not the perfect location and she was told after the last meeting she could not been on the committee, the dog park could be put back at the dump site. Council Member Harnisch asked who the Dog Park Committee members are. Mandy Krejci replied Brianna Roehl, Janine Bethea, Julie Klein and herself. Council Member Clough stated you have a group of citizens who want to make something to happen, work in conjunction with the Parks and Recreation Board and come up with a plan or something, not sure we need another Committee, the dump location was a quick fix, but not followed through, pick up the ball and move forward. The motion was repeated. Motion Counsell, second Neville, to not create a new committee and instead refer the issue of a dog park to the Parks and Recreation Board to work with the existing Ad Hoc committee, to gather information, formulate a plan and make recommendations to the Planning Commission and Common Council. All Aye. Mayor Murphy stated the next item is Neillsville Dog Park at the Listeman Park location. Phil Follen stated last Fall when the Listeman Park location idea was first brought forward he inquired about the process and was expecting a public hearing when a change to a City park is considered, there was no opportunity to get involved. Phil Follen stated his reasons for not liking a dog park in Listeman Park: 1) He doesn’t want to smell it, hear it or see it. 2) It’s a children’s playground for little children and sorry to say sooner or later something bad will happen. He goes south for the winter and told of his wife’s experience with a dog bit from a dog escaping under a dog park fence. He is old school-neighbors don’t sue neighbors-bad things happen, his grandchildren use the park, if they get bitten or disfigured, he would sue, why set the table for it to happen. Dog Park rule No. 8-no children running (who is going to stop a child in a park from running) this is a dog park, not a playground-no this is a playground trying to be a dog park. 3) It’s next to a trout pond. He looks at the pond everyday and loves seeing children with their parents fishing. It is a put and take pond, why jeopardize the pond, trout need fresh water, not water coming through a dog park, water always runs downhill. The DNR person gave you very poor advice, what is the cost to engineer and build a berm. The DNR directed you to zoning, he went to the County who sent him to Water people, who told him with a 2-inch rain you could not build a berm big enough for the forty-foot drop from the top to the pond. Its all downhill, where will the feces go, not everyone picks up the dog’s stuff (look around town). How would you feel if in a year or two you have a dead pond. Its local people who put fish in the pond, not the DNR, they collect donations. The trout pond is the neatest thing we can do for our children. He doesn’t understand why we want to jeopardize it. 4) You have a ball diamond right next to there and may foul balls go over the fence and you have children running around the fence to get the ball. Where is the ball going to go - into the dog park. It’s a bad scenario-why would you want to do this. After the last Council meeting, he went and talked to his neighbors. He talked to 20 families and no one wants a dog park in Listeman Park. Not one of the dog owners want it, strange dogs in the area will excite their dog. He presented a petition with 52 signatures on it, only two of the people had dog park discussion before. There is not support for a dog park in a playground. Phil Follen stated it has been said you can’t put a fence on a capped landfill, after two phone calls and talking with a DNR agent in Eau Claire it can be done. He walked the old landfill, its like a bowl with a lip that goes all away around half way up the grade. The agent said it is probably the berm, it would have to be looked at for sure. The berm protects the cap, you can’t dig a hole in the cap, hire a consultant to look into it. Why hire a consultant, if we can build on the berm. He gave the DNR agent’s phone number to the Mayor, Planning Commission and Director of Public Works. It seems like a good location. Mandy Krejci thanked Follen for his presentation, we never said it was a perfect location, the Dog Park Committee is not set in stone. Her daughter was mauled by a dog and the only thing that saved her was another dog biting into the attacking dog-she chose not to sue. A dog park is different than walking a dog. Children should not be running up to a dog. We are not opposed to not being at Listeman Park. Brianna Roehl thanked the Council for hearing them out. Their mission is to provide an off-leash dog park for dogs to exercise and socialize. Listeman Park is handicapped accessible with access to restrooms and water. Donald Boon is willing to donate a culvert, the fence would have double self closing gates, the area’s approximately 52,262 square feet or 1.2 acres which is adequate building materials for the fence could be sealed so hands cannot go through, a berm is a flat raise strip, people desire a dog park the Neillsville Dog Park Facebook page has received even more supporters, plans to conduct more activities and attract tourism, educate people on proper dog contact, provide for dog exercise and interaction with the dogs, Listeman Park is beautiful, but seldom used. Steve Butts stated that he is a new resident and owner of three dogs. Listeman Park is not a good spot for a dog park. She seems very motivated. He used the dog park in Reedsburg and saw people from all over coming in-dog poop all over. Do you really want the tourism? Think safety and security of a small town. What does the Police Department think. The committee members think about a lot that could go right, but there is a lot that could go wrong. The site is way too small, 1.2 acres is really the minimum, then if you split that, you ask for problems right off the bat. Get dog experts involved-a small park creates more problems. Mandy Krejci stated they have several people involved who have experience. Debi Berg stated on a daily basis people are at the pond and in the park, to say it is not used as it should be is not an accurate statement. The biggest concern is the poop, she feels like there will be a stench, dog walkers don’t pick up their poop, this will be inside a fence. When it rains it’s like a river running down to the pond. Jeff Schultz stated that he is in favor of a dog park in Neillsville, the Ad Hoc committee has been working there butts off and been hit with every obstacle possible, lets more forward. Jerilyn St. Amand stated that she has a 110-pound lab, if dogs are trained, they don’t need a leash, she won’t use the dog park, as people are not responsible with their dog and getting vaccinated, disease can be spread. She is not for spending tax dollars for the Police Department to investigate matters or pay for water. Denise Czarnecki stated that she is a retired Humane Officer from Madison. Her everyday job was patrolling dog parks. She is on the fence with whether Neillsville needs a dog park. The issues are you don’t have a humane officer, enforcement and liability. It doesn’t look like Listeman Park is a good location logistically and it’s small. Dog versus dog fights are a problem, but then the people get involved. Both Ripon and Madison have no restroom or water. The dump may be a very good location, handicapped access is a question. Dog Park permits-how would they be handled, outside of the City visitors-where to check on vaccinations and enforcement concerns. Chief of Police Mankowski stated a concern that our Humane Society is not in town, you lose an officer for an hour, if there is a bite you lose two hours. To get an officer trained as a Humane Officer would cost $2,300. Mayor Murphy asked for further appearances-there being none-no action taken on Neillsville Dog Park in Listeman Park. City Clerk Roehl presented Kolin Schmitz Eagle Scout Project donations in the amount of $900 for the Cemetery landscaping project. Motion Counsell, second Neville, to accept and appropriate $900 to Account No. 57620 Parks Outlay and to thank the donor. All Aye. City Clerk stated that the Beautification Committee has collected $3,447 in donations from area businesses and individuals for hanging flower basket/donations. Motion Clough, second Neville, to accept and appropriate $3,447 in donations for hanging flower baskets/decorations to Account No. 55340 Celebrations, and to thank the businesses and individuals for help in beautifying our City. All Aye City Clerk Roehl reported on receiving a $300 donation from the Neillsville Kiwanis Club for flowers in the Sniteman Town Square flower garden. Motion Neville, second Perrine, to accept and appropriate $300 to Account No. 55340 Celebrations and thank the Neillsville Kiwanis Club for help in beautifying our City. All Aye. Fire Chief Matt Meyer reported on the Second Quarter 2021. Changing the Smokey the Bear signs, doing three controlled grass burns, attending an Emergency Services Association meeting, doing a public service announcement with WCCN, toured the new hospital, took a fire truck to former Fire Chief Bob Urban’s funeral, toured the new City Hall, provided a fire truck for the High School State Track qualifiers send off, provided fire trucks for mud racing, rock climbing and tough truck events. The department responded 18 calls (3-City: gas grill fire, range fire and gas line dig; 15-Rural: two ambulance assists, three grass fires, a cancelled in route, faulty smoke detector, receptacle fire, three shed fires, tractor fire, tree fire, milk truck accident, smoke detector. The City trucks are in good conditions; 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 four new fire fighters. Council Member Clough stated that with Heritage Days and the Car Show downtown on back-to-back weekends, the farmer’s market area had people parking there. We will have to make different arrangements for next year, so the people don’t park in that area. Appointment for Successor of Agent Application: American Legion Post 73, Dana L. Elmhorst, Agent, 6 Boon Boulevard Motion Neville, second Perrine, to grant. All Aye. Tavern Operator’s License Applications: Allyssa M. Carney, Penny L. Courtney, Kenneth C. Marg Motion Neville, second Clough, to grant all the listed licenses. All Aye. Motion Neville, second Clough, that City Bills Nos. 670 to 726 in the amount of $107,173.45 be paid. All Aye. Motion Counsell, second Neville, to adjourn. All Aye. __________________________________ Diane L. Murphy, Mayor ________________________________ Rex R. Roehl, Clerk ************