City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM JUNE 14, 2022 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 six burials at the Cemetery, parks and bathroom maintenance, mowing and weed trimming, prepping ballfields, tarring and patching with the Clark County Highway Department on Division Street and Grand Avenue, street sweeping, storm sewer work on W. Fifth Street preparing for construction, W. Eighteenth Street from Grand Avenue to Prospect Street asphalt was removed and repaved, hauling brush, Water Department-daily testing and maintenance, utility locates, repair service leak on W. Fifteenth Street, replaced a 2-hole fire hydrant and added an isolation valve, meter reading in progress, moving wells and booster, quarterly raw water samples done, Sewer Department-lift station rounds and maintenance, mowing and trimming grass at the wastewater treatment plant, assisted the Water Department with a service leak and hydrant replacement, mixing basin maintenance, repair sewer main and cemented flow lines in the manhole at W. Seventeenth Street and Johnson Street, street construction on W. Fifth Street from Ferguson through Ayers Street is scheduled to begin Monday, June 20, 2022, Friemoth will be on vacation the week of July 4th, through the bipartisan infrastructure bill we may be able to get some money to redo streets in the industrial park, you have to hire an engineering firm to submit the application, working with the County we are looking into this. Motion Perrine, second Counsell, to adjourn. All Aye. ________________________________ Daniel M. Clough, Chair _________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM JUNE 14, 2022 7:00 P.M. The Common Council met in regular session, Mayor Poeschel presiding. On roll call: all members present. The Pledge of Allegiance was recited. The minutes of the previous meeting were declared approved. Council Member Petkovsek reported on the May 23, 2022 meeting of the Personnel Committee regarding: 1) discussion on codifying the Personnel Committee in the City’s Ordinances, 2) discussion on wages, benefits and personnel items and 3) a closed session on Police Union contract negotiations – adjourned in closed session. Council Member Clough reported on the May 25, 2022 meeting of the Historic Preservation Commission regarding: 1) discussion on Local Historic Preservation Commission Registry signage for the Merchants Hotel property, 105 W. Seventh Street, 2) discussion on the Historic Preservation Action Plan, 3) discussion on putting together a list source of possible grants or loan assistance, 4) discussion on contacting the State of Wisconsin for grants for currently listed properties in need of repair or improvement, 5) discussion on involvement in City projects, 6) report on conferences, webinars and seminars available, 7) reviewed fund balances and 8) approaching the City to make the annual Historic Preservation budget a non-lapsing fund. Council Member Neville reported on the June 2, 2022 meeting of the Dog Ordinance Committee regarding: 1) discussion on the current dog ordinance definitions-harboring or keeping, adding state statutes reference for cruel, redefining vicious dog, 2) discussion on rabies vaccination and kennel licenses, 3) discussion on keeping of exotic or dangerous animals, removing the pitbull portion, dogs running at large, nuisance dogs, 4) discussion on rewording of the restriction on keeping of animals, 5) discussion on impoundment of animals and a pound fee and 6) discussion on cats, parks, surrendering animals, rewording determination of when an animal should be put down and property damage wording. Mayor Poeschel reported on the June 2, 2022 meeting of the Planning Commission regarding: 1) appearances on the Swiderski project and dog park, 2) discussion on and recommendation to approve a Conditional Use Permit to operate an acupuncture clinic at 901 E. Division Street, Parcel No. 261.1409.000, since the majority of other properties in the area are commercial businesses-Judy Schmidt, owner and applicant, 3) discussion on and recommendation to deny a Conditional Use Permit to operate a tree nursery at 11 Hewett Street, Parcel No. 261.1308.000 due to concerns about traffic, truck traffic and opening a residential area to commercial-Christopher Mazola, applicant and Vickie Grap, owner, 4) discussion on a dog park-costs, possible locations, determining wants/needs and referral to the Parks and Recreation Board to look into it further, 5) discussion on the S.C. Swiderski addition, Highway 10 redevelopment in 2026 and type of housing construction citizens want and 6) discussion on a Columbarium (a structure for urns) and referral to the Board of Cemetery Commissioners. Council Member Neville reported on the June 2 and 9, 2022 meetings of the Heritage Days Committee regarding: 1) financial report, 2) discussion on and request for extended park hours at Schuster Park on July 8 and 9, 2022 until 1:00 A.M., 3) discussion on tent setup, lighting, advertising, banner, donation letter and sponsors, 4) update on security and 5) discussion on partnership with Strike Time Lanes with their Veterans Fest fundraiser for Every Third Saturday (a non-profit organization)-no action taken; 6) financial report and 7) discussion on tent setup, advertising, yard signs ordered, golf outing, pottery, mini rodders, posters and food vendors. Council Member Petkovsek reported on the June 8, 2022 meeting of the Beautification Committee regarding: 1) met at the Gazebo to discuss the Main Street area and first impression when some one drives through the community, 2) looking to consider a theme (music history, logging/lumber industry), 3) discussion on maintenance of the Gazebo and Town Square benches, 4) discussion on banners, 5) discussion on flowers, 6) discussion on donation letters and mailing, 7) proceeding to Prock Park to meet with Joe and Michelle Kranz, Kranzation Metal Design, to discuss an arch over the rock with Prock Park on both sides, 8) authorized Kranzation Metal Design to draw up plans for an arch as discussed and 9) discussion on taller shrubs and flowers. Council Member Clough reported on the June 14, 2022 meeting of the Commission on Public Works/Utilities regarding current activities. Mayor Poeschel declared all reports filed as presented with the City Clerk. Jerilyn St. Amand stated the City is over run with cats, she sees cats in her yard, there are trap/neuter or spay/release programs but there is a cost, cats are a problem, something has got to be done, can Chris Straight from Regional Planning help with writing grants. 7:20 P.M.-Mayor Poeschel declared the Public Hearing on the Conditional Use Permit to operate an acupuncture clinic at 901 E. Division Street, Parcel No. 261.1409.000-Judy Schmidt, 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 that the Planning Commission at its June 2, 2022 meeting discussed and recommended approval of the Conditional Use Permit, since the majority of other properties in the area are commercial businesses. Mayor Poeschel called three times for appearances. There being none. 7:23 P.M.-Mayor Poeschel declared the Condition Use Permit hearing closed. Motion Counsell, second Clough, to accept the Planning Commissions recommendation to approve the Conditional Use Permit to operate an acupuncture clinic at 901 E. Division Street, Parcel No. 261.1409.000, Judy Schmidt, owner and applicant, since the majority of other properties in the area are commercial businesses. All Aye. 7:24 P.M.-Mayor Poeschel declared the Public Hearing on the Conditional Use Permit to operate a tree nursery at 11 Hewett Street, Parcel No. 261.1308.000-Christopher Mazola, applicant, Vickie Grap, owner, 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 that the Planning Commission at its June 2, 2022 meeting discussed and recommended to deny a Condition Use Permit to operate a tree nursery at 11 Hewett Street, due to concerns about traffic, truck traffic and opening a residential area to commercial. Director of Public Works Friemoth presented a letter from Julie McQuade opposing the granting of a Conditional Use Permit. Mayor Poeschel called for appearances. Jay Wilke stated that he is against granting a Conditional Use Permit, it really involves two properties both 11 and 15 Hewett Street, he is concerned about the drug records found on CCAP and that this is a residential area. Mayor Poeschel called three times for appearances. There being no further appearances. 7:28 P.M.-Mayor Poeschel declared the Conditional Use Permit hearing closed. Motion Petkovsek, second Neville, to accept the Planning Commission’s recommendation to deny a Conditional Use Permit to operate a tree nursery at 11 Hewett Street, Parcel No. 261.1308.000 due to concerns about traffic, truck traffic and opening a residential area to commercial business. All Aye. City Attorney Wachsmuth stated she was asked to look at the City’s Combustible Storage ordinances. She could find nothing technically wrong; the City can be more restrictive than the State. Do you want to follow the State statutes exactly. (Example: the State allows more for the maximum number of gallons to be stored.) The State covers both rural farm areas as well as urban areas, do you want a higher amount. Council Member Clough asked what the higher amount is. City Attorney Wachsmuth stated 60 gallons, while the City is 15 gallons, there is also differences with tanks and underground storage, the State doesn’t differentiate between rural and urban. Council Member Counsell stated that she was more concerned about containers when she brought it up. Council Member Clough stated Russell’s might have more than 15 gallons. City Attorney Wachsmuth stated the ordinance doesn’t break down residential or commercial. Council Member Counsell asked for written recommendations. City Attorney Wachsmuth stated that she cannot tell the Council what residential gallons should be. Council Member Counsell stated give us a comparison, what are the differences between State statutes and City ordinances, we may need to split the number of gallons allowed in residential and commercial, could we get the comparison a few days before the meeting to have time to review. City Clerk Roehl presented the 2022 Recycling Grant funds received from the State of Wisconsin Department of Natural Resources in the amount of $9,938.49 (2021-$9,977.16). Motion Counsell, second Perrine, to accept and appropriated the $9,938.49 Recycling Grant funds to Account No. 53620 Refuse and Garbage Collection. All Aye. Mayor Poeschel presented a request from the Heritage Days Committee to extend the hours at Schuster Park under ordinance Section 7-8-4(a) and (c) to 1:00 A.M. and the noise hours to 12:30 A.M. to allow the bands to play on Friday, July 8, 2022 and Saturday, July 9, 2022 in Schuster Park for the Heritage Days events. Motion Clough, second Petkovsek, to approve the request under ordinance Section 7-8-4(a) and (c) from the Heritage Days Committee to extend the closing hours to 1:00 A.M. and noise hours to 12:30 A.M. to allow the bands to play on Friday, July 8, 2022 and Saturday, July 9, 2022 in Schuster Park for the Heritage Days events. All Aye. Council Member Neville presented a request on behalf of the Heritage Days Committee to close the following streets for Heritage Days events: Thursday, July 7, 2022 West Street-from W. Fifth Street to W. Sixth Street Friday, July 8, 2022 Boon Boulevard-from the North Legion Hall driveway to Lucille Lane Willow Street-from Elm Street to Country Club Stairway Saturday, July 9, 2022 Willow Street-from Elm Street to County Club Stairway Sunday, July 10, 2022 West Street-from W. Fourth Street to W. Sixth Street W. Fifth Street-from Hewett Street to the Dollar Tree parking Lot entrance W. Sixth Street-from Hewett Street to Grand Avenue Hewett Street-from Division Street to W. Eighth Street (parade route times) Motion Clough, second Counsell, to approve the request from the Heritage Days Committee for street closures as presented for the Heritage Days event. All Aye. Mayor Poeschel presented David Harnisch’s letter of resignation from the Beautification Committee. Motion Petkovsek, second Neville, to accept the resignation of David Harnisch as member of the Beautification Committee and to thank him for his service to the City. All Aye. City Attorney Wachsmuth read Ordinance No. 1067. ORDINANCE NO. 1067 AN ORDINANCE AMENDING SEC. 3-1-9, CIVILIANS TO ASSIST The Common Council of the City of Neillsville does hereby ordain as follows: Section 3-1-9 is hereby amended to read as follows: All person in the City, when called upon by any police officer or peace officer, shall promptly aid and assist as required pursuant to the terms of §946.40, Wis. Stats., subject to the general penalty provisions of this Code of Ordinances.  This ordinance shall be effective upon publication. ______________________________ Duane G. Poeschel, Mayor ______________________________ Rex R. Roehl, Clerk Motion Neville, second Clough, that Ordinance No. 1067 be adopted. All Aye. Chief of Police Mankowski reported on trainings, receiving a donated radar unit from the Belleville Police Department, squad car maintenance, May citations, complaints, business checks and activities, assisting the Lake Delton Police Department on May 21 with festival activities-payment for services was received, attending Memorial Day City events. Council Member Clough reminded everyone about the City-wide garage sale days-June 16, 17, 18, 2022 and Farm Technology Days on July 12, 13, 14 2022 by Loyal. Chief of Police Mankowski stated that the Department will be helping out during the three-day Farm Technology event. Class “A” Retail Liquor License Application: Central Wisconsin Broadcasting, Inc., Pavilion Cheese & Gifts, J. Kevin Grap, Agent, 1201 E. Division Street Motion Neville, second Perrine, to grant. All Aye. Class “A” Retail Fermented Malt Beverages License Applications: Dahi Hospitality, Inc., Super 8 Motel, Bhupendra A. Patel, Agent, 1000 E. Division Street Drescher Oil Company, LLC, Drescher Oil Company, Joel D. Raine, Agent, 210 W. Division Street Motion Clough, second Neville, to grant all the listed licenses. All Aye. “Class A” Retail Liquor and Malt Beverages License Applications: BMAA Enterprises, LLC, Russell’s of Neillsville, Justin W. Poeschel, Agent, 1008 E. Division Street Dolgencorp, LLC, Dollar General Store #16447, Crystal R. Lemke, Agent, 111 E. Division Street Hansen’s IGA, Inc., Hansen’s IGA, Merlin L. Hemp, Agent, 305 W. Fifth Street IYS Ventures, LLC, I Mart Stores, Scott W. Hartung, Agent, 1 Hewett Street Kwik Trip, Inc., Kwik Trip #313, Amber A. Vine, Agent, 110 E. Division Street Motion Clough, second Neville, to grant all the listed licenses. All Aye. Class “B” Retail Fermented Malt Beverages License Applications: Clark Cultural Art Center, Inc., CART Center, Linda A. Holets, Agent, 201 E. Fourth Street Schmitty’s on Main, LLC, Schmitty’s on Main, Darla J. Harder, Agent, 436 Hewett Street Motion Counsell, second Clough, to grant all the listed licenses. Council Member Petkovsek-Abstained. All other members-Aye. Motion carried. “Class B” Retail Fermented Malt Beverages and Intoxicating Liquor License Applications: All Season Sports n’ Archery, LLC, Apple Valley Bar & Restaurant, Diane L. Murphy, Agent, 415 W. U.S. HWY 10 American Legion Post 73, Dana L. Elmhorst, Agent, 6 Boon Boulevard Vicki C. Goussenkova, Glass House, 130 W. Fifth Street Victor E. Lindenman, Drippy Creek Saloon II, 133 W. Sixth Street Mary K. Mashin, Green Lantern, 231 W. Seventh Street Neillsville Country Club, Inc., Neillsville Country Club, Bradley C. Lindner, Agent, 603 E. Division Street Rooster Bar & Grill, LLC, Rooster Bar & Grill, Frank E. Donahue III, Agent, 709 Hewett Street Irving C. Schutte, Buck’s Creekside, 801 Hewett Street Strike Time Lanes, LLC, Strike Time Lanes, Michael R. Thomas, Agent, 11 S. Grand Avenue The Brickyard Bar-n-Grill, LLC, The Brickyard, Sharon K. Christopherson, Agent, 203 W. Seventh Street Motion Neville, second Petkovsek, to grant all the listed licenses. All Aye. “Class C” Wine License Applications: Clark Cultural Art Center, Inc., CART Center, Linda A. Holets, Agent, 201 E. Fourth Street Schmitty’s on Main, LLC, Schmitty’s on Main, Darla J. Harder, Agent, 436 Hewett Street Motion Counsell, second Clough, to grant all the listed licenses. Council Member Petkovsek-Abstained. All other members-Aye. Motion carried. Combination Cigarette and Soda Water License Applications: Drescher Oil Company, LLC, Drescher Oil Company, Joel D. Raine, Agent, 210 W. Division Street Dolgencorp, LLC, Dollar General Store #16447, Crystal R. Lemke, Agent, 111 E. Division Street Hansen’s IGA, Inc., Hansen’s IGA, Merlin L. Hemp, Agent, 305 W. Fifth Street IYS Ventures, LLC, I Mart Stores, Scott W. Hartung, Agent, 1 Hewett Street Kwik Trip, Inc., Kwik Trip #313, Amber A. Vine, Agent, 110 E. Division Street American Legion Post 73, Dana L. Elmhorst, Agent, 6 Boon Boulevard The Brickyard Bar-n-Grill, LLC, The Brickyard, Sharon K. Christopherson, Agent, 203 W. Seventh Street Nature’s Intentions, Inc., Dakota R. Wynn, Agent, 541 Hewett Street Motion Clough, second Perrine, to grant all the listed licenses. All Aye. Soda Water License Applications: Central Wisconsin Broadcasting, Inc., Pavilion Cheese & Gifts, J. Kevin Grap, Agent, 1201 E. Division Street Dahi Hospitality, Inc., Super 8 Motel, Bhupendra A. Patel, Agent, 1000 E. Division Street BMAA Enterprises, LLC, Russell’s of Neillsville, Justin W. Poeschel, Agent, 1008 E. Division Street Clark Cultural Art Center, Inc., CART Center, Linda A. Holets, Agent, 201 E. Fourth Street Schmitty’s on Main, LLC, Schmitty’s on Main, Darla J. Harder, Agent, 436 Hewett Street All Season Sports n’ Archery, LLC, Apple Valley Bar & Restaurant, Diane L. Murphy, Agent, 415 W. U.S. HWY 10 Vicki C. Goussenkova, Glass House, 130 W. Fifth Street Victor E. Lindenman, Drippy Creek Saloon II, 133 W. Sixth Street Mary K. Mashin, Green Lantern, 231 W. Seventh Street Neillsville Country Club, Inc., Neillsville Country Club, Bradley C. Lindner, Agent, 603 E. Division Street Rooster Bar & Grill, LLC, Rooster Bar & Grill, Frank E. Donahue III, Agent, 709 Hewett Street Irving C. Schutte, Buck’s Creekside, 801 Hewett Street Strike Time Lanes, LLC, Strike Time Lanes, Michael R. Thomas, Agent, 11 S. Grand Avenue Becker’s A&W, Inc., Veronica A. Becker, Agent, 501 E. Division Street Cougar Enterprises, Inc., Hardee’s Restaurant, David D. Drosfe, Agent, 150 E. Division Street Dollar Tree Stores, Inc., Dollar Tree #06893, Dawn M. Johnson, Agent, 238 W. Fifth Street Grit Nutrition, LLC, Grit Nutrition, Lindsey Stump, Agent, 534 Hewett Street Qiu Feng Liu, King House, 537 Hewett Street Osseo Subway, Inc., Neillsville Subway, Tammy J. Marty, Agent, 7 S. Grand Avenue PH Hospitality Group, LLC, Pizza Hut, Suzanne C. Roehl, Agent, 303 E. Division Street The Thirsty Bookworm, LLC, The Thirsty Bookworm, Daniel M. Clough, Agent, 508 Hewett Street Youth Hockey Association of Clark County, Debra A. Berg, Agent, for 1200 E. Fifteenth Street (O’Neill Ice Arena) Clark County Agricultural Society, Noreen L. Tyznik, Agent, for the Clark County Fairgrounds, 1120 E. Division Street Motion Neville, second Perrine, to grant all the listed licenses. Council Members Clough and Petkovsek-Abstained. All other members-Aye. Motion carried. Neillsville Area Chamber of Commerce, Jose L. Neville, Agent, for 511 E. Division Street, (Schuster Park) for July 7, 8, 9, 10, 2022-Heritage Days Neillsville Area Chamber of Commerce, Jose L. Neville, Agent, for the parking lot on West Street, for July 7, 8, 9, 10, 2022-Heritage Days Downtown Motorhead Mafia Car Club, Randy Fitzmaurice, Agent, 600 Block of West Street for July 16, 2022-Car and Bike show Motion Counsell, second Clough, to grant all the listed licenses. Council Members Neville- Abstained. All other members-Aye. Motion carried. Temporary Class “B” Retailer’s License (Beer Only) Applications: Neillsville Area Chamber of Commerce, Jose L. Neville, Agent, for 511 E. Division Street, (Schuster Park) for July 7, 8, 9, 10, 2022-Heritage Days Neillsville Area Chamber of Commerce, Jose L. Neville, Agent, for the parking lot on West Street, for July 7, 8, 9, 10, 2022-Heritage Days Downtown Clark County Agricultural Society, Noreen L. Tyznik, Agent, for the Clark County Fairgrounds, 1120 E. Division Street for June 25, 2022-Tough Truck Clark County Agricultural Society, Noreen L. Tyznik, Agent, for the Clark County Fairgrounds, 1120 E. Division Street for August 10, 11, 12, 13, 14, 2022-Clark County Fair Motion Clough, second Perrine, to grant all the listed licenses. Council Member Neville- Abstained. All other members-Aye. Motion carried. Temporary Amendment Request to “Class B” Retail Fermented Malt Beverages and Intoxicating Liquor License Application: American Legion Post 73, Dana L. Elmhorst, Agent, 6 Boon Boulevard-to add the east lawn to the license for the Heritage Days Mini-Rod event on July 8, 2022 Motion Neville, second Clough, to grant. All Aye. Mobile Home Park Application: Neillsville MHC, LLC, Trailer Park, Gregg R. Scheirman, 210 E. Division Street Motion Clough, second Neville, to grant. Council Member Counsell-Nay, All other members-Aye. Motion carried. Tavern Operator’s License Applications: 2021-2022: None 2022-2023: Donna K. Atkinson, Alex J. Amend, Dawn M. Arndt, Montana S. Baker, Mary C. Arndt, Jennifer L. Barton, Stephanie J. Beelman, Riley W. Beyer, Kevin L. Brugger, Tyler J. Buska, Kaila M.L. Calkins, Bonnie J. Keller, Lauralee A. Carlson, James. A Carney, James W. Chadwick, Matthew L. Coulthard, Diane M. Courtney, Jacqueline L. Dayton, John H. Donahue, Meredith J. Donahue, Christine A. Drescher, Vickie A. Dux, Brian T. Eddy, Dana L. Elmhorst, Jessica R. Elmhorst, Dominque C. Glassbrenner, Michelle R. Grap, Tammie R. Grap, Dinna M. Halle, Leah A. Hand, Joshua A. Hemp, Mark D. Hemp, Dixie M. Hensler, Brandon C. Hensiak, Brianna E. Hogan, Daryn J. Horn, Rodney E. Johnson, Kaitlyn A. Keech, MacKenzie M. Keller, Catherine A. Kleckner, Tina M. Knuth, Madelyn J. Koprek, Sandy K. Krause, Dustin L. Kreitlow, Megan A. Kreitlow, Andrea L. Kruschke, Jordan A. Kuhn, Dale R. Ladd, Lauren C. Langreck, Raven A. Lisiecki, Riley B. Lynch, Tamara A. Mallory, Darcy L. Manuel, Kenneth C. Marg, Marlin R. Mashin, Barbara L. Miller, Angela M. Montgomery, Charles J. Neuendorf, Kim L. Oldham, Devon S. Opelt, Stephanie M. Opelt, Linda L. Ormond, Tammy K. Ormond, Jason J. Raine, Amy M. Rakestraw, Alan J. Schoengarth, Mindy M. Schoengarth, James Seefeldt II, Melissa L. Sidwell, Kristy L. Sischo, Betty J. Smith, Jenny J. Soderberg, Veronica I. Strickland, John C. Subke, Sarah A. Susa, Alexander B. Thums, Brittany A. Trachte, Timothy E. Tresemer, Erin S. Voigt, Susan M. Wells, Robert J. Wilsmann, Amie L. Young, Stacey S. Zank, Dallas A. Zickert, Darrin J. Zickert, Shari R. Zickert. Motion Clough, second Neville, to grant all the listed licenses. All Aye. Motion Perrine, second Counsell, that City Bills Nos. 546 to 623 in the amount of $130,304.01 be paid. All Aye. Motion Neville, second Petkovsek, to adjourn. All Aye. __________________________________ Duane G. Poeschel, Mayor ________________________________ Rex R. Roehl, Clerk ************