City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM, CITY HALL FEBRUARY 13, 2024 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 no burials at the Cemetery, shop maintenance, tree trimming, hauling brush and compost, equipment maintenance, street sweeping, Water Department – daily testing and well rounds, heater repairs at Wells #1 and #2, working on inventory, inspected filter vessels, repairing curb stops, replacement of generators at the treatment plant, Sewer Department – daily testing and lift station rounds, lift station maintenance and inspections, cleaning and flushing manholes, troubleshooting raw samples (bad temp sensor), updated spreadsheets, lab duties and sampling requirements and frequency, putting an ad in the paper for this year’s road work, water audit results came back clean, Xcel Energy will be in the area inspecting power lines, a water main break on E. Division Street by the radio station/fairgrounds area has been repaired, the water tower by the high school is scheduled for a dry inspection this year, the DNR is requiring a document inventory of all types of services in the City, wood is available to residents from the trees being cut. Council Member Counsell asked if the DOT would be repairing the handicap ramps on U.S. Highway 10 and State Highway 73 as part of the reconstruction project in 2027. Director of Public Works Friemoth replied they would be brought up to current ADA standards. Motion Poeschel, second Neville, to adjourn. All Aye. __________________________________ Daniel M. Clough, Chair ________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM FEBRUARY 13, 2024 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 meetings were declared approved. Council Member Neville reported on the January 23, 2024 meeting of the Library Board regarding: 1) Librarians’ reports, 2) the LED interior lighting project is complete, 3) discussion on and accepted the exterior building painting quote from Steve Travis, 4) discussion on and filed the Director’s performance review, 5) discussion on K-9 therapy dog testing and Paws to Read program, 6) discussion on WVLS annual report, 7) payment of bills, 8) updates on donation and carryover funds and 9) community events. Council Member Petkovsek reported on the January 23, 2024 meeting of the Grants Committee regarding: 1) review and updating the list of grants in progress, 2) discussion on TIF District No. 2 balance and closing and 3) discussion on and recommendation to approve the TIF District Affordable Housing Extension Resolution for TID No. 2. Mayor Poeschel reported on the January 24, 2024 meeting of the Police and Fire Commission regarding: 1) discussion on ways to attract and retain good police officers and 2) discussion on Police and Fire Commission procedures and bylaws. Council Member Petkovsek reported on the January 24, 2024 meeting of the Beautification Committee regarding: 1) discussion and accepted the 2024 flower estimates from Reit’s Garden Center in the amount of $2,936, 2) discussion on Military banners, 3) discussion on Winter decorations, and 4) discussion on receiving a Clark County Community Foundation grant of a $1,000 for seasonal decorations. Mayor Poeschel reported on the January 25, 2024 meeting of the Planning Commission regarding: 1) discussion on and recommendation to approve a Resolution Petitioning the Secretary of Transportation for Airport Improvement Aid be approved, 2) discussion on and recommendation to approve a Zoning Amendment on Parcel No. 261.1073.000 (510 W. Fifth Street) to change the zoning from R-1 Single Family Residential to R-1 Multi-Family Residential and 3) discussion on the S.C. Swiderski Development project in the Boon Subdivision. Council Member Petkovsek reported on the January 31, 2024 meeting of the Personnel Committee regarding: 1) a closed session regarding reviewing Workers Compensation claim by a firefighter, 2) reconvening into open session, 3) turning over items discussed in closed session to Weld Riley, 4) discussion on combining the Assistant Clerk-Treasurer position and Deputy IT positions, 5) the recommendation to hire Debbie Winder for the Assistant Clerk-Treasurer/Deputy IT position at $17.50 per hour at 30 hours per week and $18.00 per hour after the probation period, 6) discussion on and updating the employee letter to communicate employee compensation information and 7) discussion on and sending the Employee Handbook to the League of Wisconsin Municipalities Mutual Insurance for review. Council Member Clough reported on the February 13, 2024 meeting of the Commission on Public Works/Utilities regarding current activities. Mayor Poeschel declared all reported filed as presented with the City Clerk. 7:13 P.M.-Mayor Poeschel declared the Public Hearing on the Zoning Amendment per section 10-1-99, 510 W. Fifth Street, Parcel No. 261.1073.000, David and Connie McDonald, applicants and owners 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 its January 25, 2024 meeting discussed and recommended approval of the Zoning Amendment. Mayor Poeschel called three times for appearances-there being none. 7:15 P.M.-Mayor Poeschel declared the Zoning Amendment Public Hearing closed. Motion Clough, second Rochester, to accept the Planning Commission recommendation to approve the Zoning Amendment for Parcel No. 261.1073.000, 510 W. Fifth Street, David and Connie McDonald applicants and owners, to change the zoning from R-1 Single Family Residential to R-3 Multi-Family Residential. All Aye. Mayor Poeschel presented a petition from downtown business owners signed by 300+ customers who support them. The signs, benches and flower pots enhance the downtown and let them know our businesses are open for business. Maggie Gelhaus stated that she is here regarding the proposed baseball diamond addition to Listeman Park. She understands that the fundraising is going well, her grandsons use the playground. Her concerns are-will the playground equipment remain safe and assessable, will there be a public hearing on this, has there been an analysis-do we really need another ballfield, is it feasible, has an environmental study been done as that area drains down to the trout pond, there are concerns about the need for more parking, noise and light pollution (the older folks at home go to bed early), has a sports complex been looked at. Robert Sebesta stated that the small signs next to the curbs are not an obstruction, it lets people know we are trying to revitalize our business district, the benches are a nice addition and welcoming. Jerilyn St. Amand stated she doesn’t understand someone worrying about these benches, while she is trying to avoid the potholes, this person has too much time, it is pathetic, these unique signs and things are good, they give us uniqueness, a hometown feel. People should worry more about drugs, crimes and our underpaid police department. Denise Clough questioned the obstruction complaint, our sidewalks are not being blocked, we have ordinances and statutes to regulate them-does the complaint have merit. It is in the City’s best interest to support our businesses. It is business owner’s responsibility to repair their sidewalk, remove snow and ice. We need to stand up against this nonsense, the people present at this meeting show support for our businesses. Mayor Poeschel called three times for further appearances-there being none. Mayor Poeschel asked if there were any questions on the Grants Committee items (3). Mayor Poeschel read the following resolution. RESOLUTION NO. 623 TAX INCREMENTAL DISTRICT (TID) AFFORDABLE HOUSING EXTENSTION RESOLUTION WHEREAS, the City of Neillsville created TID 2 on August 28, 1999, and successfully completed implementation of the project plan and sufficient increment was collected or will be collected in 2024 from the 2023 tax roll to pay off its aggregate project costs; and WHEREAS, state law requires termination of a TID after all project costs have been paid, state law (Sec. 66.1105(6)(g), Wis. Stats.), does allow extension of a TID up to one year, using the last year of tax increment to improve the City’s housing stock; and WHEREAS, at least 75 percent of the final increment must benefit affordable housing with the remaining portion used to improve housing stock; and THEREFORE, BE IT RESOLVED, that the City of Neillsville hereby extends the life of TID 2 for 10 months from the date of this resolution to use the final year’s increment collected in 2024 from the 2023 tax roll to benefit affordable housing; and BE IT FURTHER RESOLVED, the City of Neillsville shall use the final increment to improve housing quality and affordability putting the monies in the City CDBG Housing program for granting no interest loans to low-to-moderate income families/individuals to maintain and repair their houses; and BE IT FURTHER RESOLVED, the City of Neillsville shall adopt a termination resolution by April 15, 2024; and  BE IT FURTHER RESOLVED, that the City of Neillsville Clerk shall notify the Wisconsin Department of Revenue by providing a copy of this resolution. ___________________________ Duane G. Poeschel, Mayor _____________________ Rex R. Roehl, City Clerk Motion Neville, second Clough, that Resolution No. 623 be adopted. All Aye. Mayor Poeschel asked if there were any questions on the Planning Commission item (1). This is the first reading of this resolution, no action is needed at this time. The public hearing will be at the March 12, 2024 meeting. Mayor Poeschel read the following resolution. RESOLUTION PETITIONING THE SECRETARY OF TRANSPORTATION FOR AIRPORT IMPROVEMENT AID BY COMMON COUNCIL OF THE CITY OF NEILLSVILE, CLARK COUNTY, WISCONSIN WHEREAS, the City of Neillsville, Clark County, Wisconsin hereinafter referred to as the sponsor, being a municipal body corporate of the State of Wisconsin, is authorized by Wis. Stat. §114.11, to acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate an airport, and WHEREAS, the sponsor desires to develop or improve the Neillsville Municipal Airport, Clark County, Wisconsin, "PETITION FOR AIRPORT PROJECT" WHEREAS, the foregoing proposal for airport improvements has been referred to the City plan commission for its consideration and report prior to council action as required by Wis. Stat. §62.23(5), and WHEREAS, airport users have been consulted in formulation of the improvements included in this resolution, and WHEREAS, a public hearing was held prior to the adoption of this petition in accordance with Wis. Stat. §114.33(2) as amended, and a transcript of the hearing is transmitted with this petition, and THEREFORE, BE IT RESOLVED, by the sponsor that a petition for federal and (or) state aid in the following form is hereby approved: The petitioner, desiring to sponsor an airport development project with federal and state aid or state aid only, in accordance with the applicable state and federal laws, respectfully represents and states: l. That the airport, which it is desired to develop, should generally conform to the requirements for a General Aviation type airport as defined by the Federal Aviation Administration. 2. The character, extent, and kind of improvements desired under the project are as follows: Master Plan and ALP Update; Reconstruction of Hangar Taxilanes; Hangar Area Drainage Improvements; Reconstruct Airfield Lighting; Replacement of Electrical Vault; Construct REILs; Sealcoat and crack fill airfield pavements; install AWOS; fuel farm improvements; acquire mowing equipment; airport drainage improvements; erosion control; Clear and maintain runway approaches as stated in Wis. Admin. Code Trans §55, and any necessary related work.  3. That the airport project, which your petitioner desires to sponsor, is necessary for the following reasons: to meet the existing and future needs of the airport. WHEREAS, it is recognized that the improvements petitioned for as listed will be funded individually or collectively as funds are available, with specific project costs to be approved as work is authorized, the proportionate cost of the airport development projects described above which are to be paid by the sponsor to the Secretary of the Wisconsin Department of Transportation (hereinafter referred to as the Secretary) to be held in trust for the purposes of the project; any unneeded and unspent balance after the project is completed is to be returned to the sponsor by the Secretary; the sponsor will make available any additional monies that may be found necessary, upon request of the Secretary, to complete the project as described above; the Secretary shall have the right to suspend or discontinue the project at any time additional monies are found to be necessary by the Secretary, and the sponsor does not provide the same; in the event the sponsor unilaterally terminates the project, all reasonable federal and state expenditures related to the project shall be paid by the sponsor; and WHEREAS, the sponsor is required by Wis. Stat. §114.32(5) to designate the Secretary as its agent to accept, receive, receipt for and disburse any funds granted by the United States under the Federal Airport and Airway Improvement Act, and is authorized by law to designate the Secretary as its agent for other purposes. "DESIGNATION OF SECRETARY OF TRANSPORTATION AS SPONSOR'S AGENT" THEREFORE, BE IT RESOLVED, by the sponsor that the Secretary is hereby designated as its agent and is requested to agree to act as such, in matters relating to the airport development project described above, and is hereby authorized as its agent to make all arrangements for the development and final acceptance of the completed project whether by contract, agreement, force account or otherwise; and particularly, to accept, receive, receipt for and disburse federal monies or other monies, either public or private, for the acquisition, construction, improvement, maintenance and operation of the airport; and, to acquire property or interests in property by purchase, gift, lease, or eminent domain under Wis. Stat. §32 .02; and, to supervise the work of any engineer, appraiser, negotiator, contractor or other person employed by the Secretary; and, to execute any assurances or other documents required or requested by any agency of the federal government and to comply with all federal and state laws, rules, and regulations relating to airport development projects. FURTHER, the sponsor requests that the Secretary provide, per Wis. Stat. §114.33(8)(a), that the sponsor may acquire certain parts of the required land or interests in land that the Secretary shall find necessary to complete the aforesaid project. "AIRPORT OWNER ASSURANCES" AND BE IT FURTHER RESOLVED that the sponsor agrees to maintain and operate the airport in accordance with certain conditions established in Wis. Admin. Code Trans §55, or in accordance with sponsor assurances enumerated in a federal grant agreement. AND BE IT FURTHER RESOLVED THAT THE Mayor and Clerk be authorized to sign and execute the agency agreement and federal block grant owner assurances authorized by this resolution. Mayor Poeschel asked if there were any questions on the Personnel Committee item (5). Motion Counsell, second Neville, to accept the recommendation to hire Debbie Winder for the Assistant Clerk-Treasurer/Deputy IT position at $17.50 per hour for 30 hours per week and $18.00 per hour after the probation period. All Aye. The City Clerk reported on receiving a $1,000 grant from the Clark County Community Foundation, Inc. for Beautification Committee seasonal decorations. Motion Clough, second Counsell, to accept and appropriate $1,000 to Account No. 55340 Celebrations and to thank the Clark County Foundation, Inc. for its grant. All Aye. Mayor Poeschel stated that the next item is a request from Allyssa Carney, applicant, Phyllis Carney, owner, to keep four to five chickens at 10 Clay Street under Ordinance Section 10-1-22. Director of Public Works Friemoth stated the request came via email, the property is .62 acres. Discussion followed on Allyssa Carney not being the property owner, property adjoining a wooded area, property owner agreement, etc. Motion Clough, second Rochester, to grant Allyssa Carney permission for 10 Clay Street to have up to five (5 hens) chickens, no roosters, subject to review if complaints are received or excess numbers of animals occur. Council Members Clough and Rochester-Aye, Council Members Counsell, Petkovsek and Neville-Nay. 2-Aye, 3-Nay, Motion failed. Motion Petkovsek, second Counsell, to grant Allyssa Carney permission for 10 Clay Street, subject to Phyllis Carney, owner signing off in agreement, to have up to five (5 hens) chickens, no roosters, subject to review if complaints are received or excess numbers of animals occur. All Aye. Mayor Poeschel stated that the next two agenda items sidewalk encroachments and obstructions and portable signs in the downtown district needs to see no action, the letter received was anonymous, we have General Code working on updating our ordinances, let it lie. Motion Counsell, to approve the Addendum to Property Use Agreement dated November 16, 2006 between the City of Neillsville and Neillsville Hockey Association n/k/a Clark County Youth Hockey, Inc. and authorize the Mayor and City Clerk to sign the Addendum. Council Member Neville asked about upkeep on the facility-an outside window is broken, pieces of glass and plastic lying around who is responsible. Director of Public Works Friemoth stated that the original agreement states the Hockey Association is to maintain, but they have been unable to get funding, some of the panels need repairs. The Hockey Association is Winter use activity dependent on weather conditions. Spring, Summer and Fall the City has use. Discussion continued. The primary hockey program is in Black River Falls and the Neillsville facility is used for ice skating. Council Member Clough stated this Addendum is for shared use of the facility. Second Clough. All Aye. Chief of Police Mankowski reported on trainings, January parking enforcements, citations, warnings, incidents, office activity, calls, officer activity, business patrols, citizen interaction, Town of Mentor contract policing. Council Member Clough reminded everyone that Winer Carnival is coming up February 23, 24 and 25, 2024. Temporary Class “B” Retailer’s License (Beer Only) Application: Neillsville Lions Club, Mark R. Olson, Agent, for Schuster Park, 511 E. Division Street, for February 24, 2024 – Winter Carnival Volleyball Motion Neville, second Petkovsek, to grant. All Aye. Soda Water License Applications: Neillsville Lions Club, Mark R. Olson, Agent, for Schuster Park, 511 E. Division Street, for February 27, 2024 – Winter Carnival Volleyball CAPL Retail, LLC, Joe’s Kwik Mart, Heidi Arnold, Agent, 1 Hewett Street Motion Clough, second Neville, to grant all the listed licenses. All Aye. Cigarette License Applications: CAPL Retail, LLC, Joe’s Kwik Mart, Charles M. Nifong, Jr., Agent, 1 Hewett Street Motion Neville, second Rochester, to grant. All Aye. Tavern Operator’s License Applications: Robert R. Petkovsek Motion Clough, second Rochester, to grant. All Aye. Motion Neville, second Clough, that City Bills Nos. 109 to 172 in the amount of $558,110.67 and CDBG Housing Escrow Account Bill No. 2 and 3 in the amount of $815.00 be paid. All Aye. Motion Neville, second Rochester, to adjourn. All Aye. __________________________________ Duane G. Poeschel, Mayor ________________________________ Rex R. Roehl, Clerk ************