City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM JULY 26, 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 two burials at the Cemetery, parks and bathroom maintenance, tree trimming, parks mowing and weed trimming, weed spraying (the cost of weed killer has risen significantly), street line painting, repairs to the Little Eddy trail, hauling brush, equipment maintenance, Water Department-daily testing and rounds, utility locates, flushing hydrants, Sewer Department-lift station rounds and maintenance, mowing and trimming at the wastewater treatment plant, working on permit renewal. Director of Public Works Friemoth presented a request for private well and sewerage holding tank at Parcel No. 261.1372.000-Bruce Vandeberg and Mark Vandeberg, owners. The City’s Utility lines end about 1,000 feet from their cabin if they were available, hook up would be mandatory. City Attorney Wachsmuth stated that Vandebergs did not apply for hookup. If the City extends the utility lines in the future, they would be subject to connecting. Motion Poeschel, second Perrine, to recommend to the Common Council to grant a request for private well and sewerage holding tank at Parcel No. 261.1372.000-Bruce Vandeberg and Mark Vandeberg, owners, subject to future connection if they City’s water and sewer lines are extended. All Aye. Director of Public Works Friemoth presented a report on the proposed installation of curb and gutter on all properties fronting on the East and West sides of Hewett Street, commencing at the south end at W. Eighteenth Street, thence running north approximately 205 feet to W. Nineteenth Street. Estimated cost $23.00 per foot. The benefits to property owners are stormwater management, dust control, savings on maintenance and up keep of a gravel road and widening of the road for safety. Payment terms and interest rate would be determined later. City Attorney Wachsmuth read a Preliminary Resolution Declaring Intent to Levy Special Assessments Under Municipal Police Power Pursuant to §66.0703. Discussion followed on the assessment footage, by law the City can assess both sides, however it has been the City’s practice to assess for the longest side to the property owner and the City paying the balance. The property owner has been given credit for curb and gutter already in place. Motion Petkovsek, second Neville, to recommend to the Common Council that Resolution No. 618 be adopted. (See the Common Council minutes of July 26, 2022 for the printed resolution). All Aye. Council Member Counsell received a call complimenting Director of Public Works Friemoth on his responsiveness and providing great customer service when called upon. Motion Neville, second Counsell, that Water Bills Nos. 160 to 193 in the amount of $62,704.90 and Sewer Bills Nos. 113 to 131 in the amount of $77,595.85 be paid. All Aye. Motion Poeschel, second Petkovsek, to adjourn. All Aye. ________________________________ Daniel M. Clough, Chair _________________________________ Rex R. Roehl, Clerk  ************ COMMON COUNCIL COUNCIL ROOM JULY 26, 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. Mayor Poeschel reported on the July 19, 2022 meeting of the Planning Commission regarding discussion on and recommendation to approve a Conditional Use Permit for a Bed and Breakfast at 118 Clay Street, Parcel Nos. 261.0045.000 and 261.0047.000, Charles and Brooke Pakala, owners and applicants. Council Member Clough reported on the July 26, 2022 meeting of the Commission on Public Works/Utilities regarding: 1) current activities, 2) discussion on and recommendation to grant a request for private well and sewerage holding tank on Parcel No. 261.1372.000- Bruce Vandeberg and Mark Vandeberg, owners, subject to future connection if the City’s water and sewer lines are extended, 3) discussion on and recommendation that Resolution No. 618 be adopted and 4) payment of bills. Mayor Poeschel declared all reports filed as presented with the City Clerk. Chief of Police Mankowski presented two-year service recognitions to Police Officers Hunter Imm and Isaac Guyer. Mayor Poeschel asked if there were any questions on the Commission on Public Works/Utilities items (2 and 3). Motion Counsell, second Clough, to accept the recommendation to grant a request for a private well and sewerage holding tank on Parcel No. 261.1372.000-Bruce Vandeberg and Mark Vandeberg, owners, subject to future connection if the City’s water and sewer lines are extended. All Aye. RESOLUTION NO. 618 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY SPECIAL ASSESSMENTS UNDER MUNICIPAL POLICE POWER PURSUANT TO §66.0703 IT IS HEREBY RESOLVED, by the governing body of Neillsville, Wisconsin: 1. The governing body hereby declares its intention to exercise its police power under §66.0703 Stats, to levy special assessments upon property in the assessment district hereafter described for benefits conferred upon such property by reason of the following public work and improvements: Installation of curb and gutter 2. The property to be assessed lies within the following described assessment district: The property at 1802 Hewett St. Commencing on the south end of W 18th St. heading north 100’ 3. The total amount assessed against the properties in the described assessment district shall not exceed 100% of the total cost of improvements. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety and general welfare of the municipality and inhabitants.  5. The municipal Public Works Director shall prepare a report which shall consist of: a. Plans and specifications for improvements b. An estimate of the entire cost of the proposed curb and gutter improvements. c. Schedule of proposed assessments 6. When the report is completed, the Municipal Public Works Director shall file a copy of the report with the municipal clerk for public inspection and if state property is to be assessed, shall mail a copy of the report to the responsible state agency and, for assessments of $50,000 or more, to the Wisconsin state building commission. 7. Upon receiving the report of responsible officer or body, the clerk shall cause notice to be given stating the nature of the proposed improvements, the general boundary lines of the proposed assessment district, the time and place at which the report may be inspected, and the time and place of the public hearing on the matters contained in the preliminary resolution and the report. This notice shall be published as a class 1 notice under chapter 985, Wis. Stats., and a copy shall be mailed, at least 10 days before the hearing, to every interested party whose address is known or can be ascertained with reasonable diligence. However, if every owner of property affected by the proposed special assessment executes a waiver, the municipality may levy the assessment against the benefited property without prior notice and hearing. 8. The hearing, if necessary, shall be held in the City Hall Council Room, at the following address: 106 West Division Street, Neillsville, Wisconsin, at a time set by the clerk in accordance with §66.0703 (7), Stats. 9. The assessment against any parcel may be paid in cash, or annual installments the number of which shall be determined at the public hearing on the proposed assessments. ___________________________ Duane G. Poeschel, Mayor _____________________ Rex R. Roehl, City Clerk Motion Clough, second Petkovsek, to accept the recommendation that Resolution No. 618 be adopted. All Aye. Mayor Poeschel presented the Security Health Insurance contract renewal for 2022-2023. The Family active plan premium is remaining the same at $1,961.17 per month -0.0% increase. Single active plan premium is remaining the same at $905.56 per month -0.0% increase. The current deductibles are $6,000 family and $3,000 single. Motion Counsell, second Neville, to accept the health insurance contract renewal with Security Health for 2022-2023. All Aye. City Attorney Wachsmuth read the following ordinance. ORDINANCE NO. 1069 AN ORDINANCE AMENDING SECTIONS OF TITLE 3, CHAPTER 4, FIRE DISTRICT REGULATIONS; OPEN BURNING The Common Council of the City of Neillsville does hereby ordain as follows: 3-4-6 STORAGE OF COMBUSTIBLE MATERIALS. Except as stated hereafter, it shall be unlawful for any person to have, store, permit to be stored, deliver, place, receive any gasoline, any product of petroleum, regardless of name, meeting the gasoline specifications prescribed by the department, or any product of petroleum commonly or commercially used as a fuel in a spark-ignition internal combustion engine or as a fuel for any appliance or device if such product of petroleum has a flash point of less than 1000 F. when tested in the Tagliabue closed cup tester. 3-4-7 HOME STORAGE OF COMBUSTIBLE MATERIALS. a) Any person may keep for family use in a building owned or controlled by him not to exceed sixty (60) gallons of any of the products above mentioned, in a closed, approved container constructed of sound metal or of equally sound nonflammable material meeting the requirements of the department's flammable and combustible liquids code; is substantially a bright red color and has the common name of the product clearly labeled or painted on it. A quantity not exceeding one quart of any such oil may be kept in a glass bottle, plainly labeled with the name of the oil. These requirements do not apply to: (1) The fuel supply tank permanently connected to an internal combustion engine; (2) The fuel supply tank which is structurally a part of any appliance or device consuming the fuel; (3) The first use of any container of one gallon or less originally filled by a manufacturer or packager when the container complies with the packaging and labeling requirements of the federal government and its agencies; or, (4) Containers of 275 gallons capacity or more, however, this provision does not exempt such containers from the identification requirements specified in rules promulgated by the department. b) Except for containers referred to in subsection a)(l), (2) and (3), no person may deliver, place, receive or store any kerosene, diesel fuel or burner oil, or a like product of petroleum which has a flash point of 1000 F. or more when tested in the Tagliabue closed cup tester, in any visible container which is in any manner-colored red. c) No person may use interchangeably any pipeline, hose, pump or metering device to dispense gasoline, or a like product of petroleum which has a flash point of less than 1000 F. when tested in the Tagliabue closed cup tester, and to dispense kerosene, diesel fuel or burner fuel oils, or a like product of petroleum which has a flash point of 1000 F. or more when tested in the Tagliabue closed cup tester, unless the pipeline, hose, pump or metering device has been sufficiently flushed and cleaned before the interchanged use, to eliminate any contamination of products due to the interchanged use. 3-4-8 LIMIT ON SALES OF COMBUSTIBLE FUELS BY CONTAINER. Any person, firm or corporation dealing in gasoline or other volatile oils may keep not to exceed five (5) gallons of any of the oil above mentioned in a closed, approved safety container, painted red and plainly marked with the name of the oil. 3-4-9 STORAGE OF GASOLINE. Any person, firm or corporation, owning, handling or storing automobiles or other machines using gasoline, are subject to the requirements of section 3-4-7 above, however, such gasoline shall be confined in a tank, free from leaks, securely capped and protected by all necessary safety appliances. Section 3-4-11 LIGHTING is hereby repealed. Section 3-4-12 shall be amended to eliminate the reference to section 3-4-11. Sections 3-4-12 and 3-4-13 shall be renumbered 3-4-11 and 3-4-12 respectively. __________________________ Duane G. Poeschel, Mayor ___________________________________ Rex R. Roehl, Clerk Motion Clough, second Neville, that Ordinance No. 1069 be adopted. All Aye. 7:10 P.M.-Mayor Poeschel declared the Public Hearing on the Conditional Use Permit for a Bed and Breakfast at 118 Clay Street, Parcel Nos. 261.0045.000 and 261.0047.000, Charles and Brooke Pakala, owners and applicants, now open. Director of Public Works Friemoth presented the application, public notice of this public hearing was in the Clark County Press and area land owners were notified. Director of Public Works Friemoth stated that the Planning Commission at its July 19, 2022 meeting discussed and recommended approval of the Conditional Use Permit. Mayor Poeschel called for appearances. Karen Gilbert, 110 Clay Street, stated that when she talked to Charles Pakala several weeks ago, he was running an Airbnb and renting apartments. This property has been rental property before, now the property is for sale. Gilbert’s concern is will this Conditional Use Permit automatically transfer to the new owners. Director of Public Works Friemoth replied no-it is issued to the current person, future owners would have to reapply. Gilbert stated they are not using it as a Bed and Breakfast, they are advertising an Airbnb. Friemoth replied Airbnb is an advertising agency, it still is classed as a Bed and Breakfast. Gilbert stated with the property for sale, the new owners could go back to being a rental property. Friemoth replied yes-they could. Council Member Clough asked if the other neighbors had anything to say. Council Member Petkovsek asked if Gilbert was speaking for the neighbors. Gilbert stated she was not speaking for the neighbors; she was surprised when the for sale sign went up. Council Member Neville asked if she was okay with the Conditional Use Permit. Gilbert clarified that whoever buys the property would have to come in again and we could be dealing with an absentee landlord. Council Member Counsell asked if the Pakala’s were present. Friemoth replied “No” and no written comments were received. Mayor Poeschel called three times for further appearances-there being none. 7:18 P.M.-Mayor declared the Conditional Use Permit hearing closed. Motion Petkovsek, second Neville, to accept the Planning Commission recommendation to approve the Conditional Use Permit for a Bed and Breakfast at 118 Clay Street, Parcel Nos. 261.0045.000 and 261.0047.000, Charles and Brooke Pakala, owners and applicants. All Aye. Chief of Police Mankowski stated as a follow up on the trailer park he invited Nicole Egland, Property Manager for Live Oak Investments, LLC to the meeting tonight. Mankowski has met with Egland and has satisfied his concerns and believes we are heading in the right direction. Egland stated that she is the tenants’ main point of contact, she is here and local. Council Member Counsell asked about two of the trailers and a boat. Egland stated the lot has been abandoned and they are working on an “Abandonment to Landlord”. Once the landlord gets the property and evaluation will be done to determine whether it will be fixed or removed. City Attorney Wachsmuth stated that Egland was the Property Manager for the previous owners, has something changed. Egland stated that she has signed a management contract, she is it. The previous owner had retained property management control. Ninety percent of the trailers are tenant owner. The landlord owns the others, which we have 100% control of. Excel Plumbing has been working on a sewer backup. Council Member Counsell stated we want the trailer park to be a safe and good environment. Tavern Operator’s License Applications: Linda L. Polzin Motion Neville, second Clough, to grant. All Aye. Motion Counsell, second Clough, that City Bills Nos. 716 to 754 in the amount of $90,583.53 and TIF District No. 4 Account Bills Nos. 9 and 10 in the amount of $70,390.75 be paid. All Aye. City Clerk Roehl reminded everyone the next meeting has been rescheduled due to the Tuesday, August 9, 2022 Partisan Primary Election day to Monday, August 15, 2022 at 3:45 P.M. Motion Neville, second Clough, to adjourn. All Aye. __________________________________ Duane G. Poeschel, Mayor ________________________________ Rex R. Roehl, Clerk ************