CITY OF BRODHEAD COMMON COUNCIL MINUTES MONDAY, JUNE 9TH, :00 P.M.

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1 Present: Mayor Pinnow, Alderman Nyman, Hale, Bernstein, Stocks, Clerk Meixelsperger, and City Attorney Mark Schroeder. Mayor Pinnow called meeting to order at 7:00 PM Mayor advised all Aldermen are present. Mayor stated to the public that Alderman Peterson has resigned. Roll call shows everyone present. Previous Minutes: Motion to approve minutes from May 20 th, 2014 as presented by Stocks. Second by Bernstein. Roll call vote: Four ayes. Motion carries. Audit/Finance: Applications for State Trust Fund Loans: one loan in the amount of $350,000 for a term of 20 years at 4.25% to finance the 17 th Street construction project, and one loan in the amount of $216, for a term of 13 years at 4.25% for unfunded pension liability. Alderman Nyman stated he was presenting for action the Board of Commissioners of Public Lands loan resolutions. Nyman stated these loans are for the 17 th Street project in the amount of $350,000; and the second loan that reduces our interest from 5.5% to 4.25% on our unfunded pension liability loan that had begun in October, 2011 and has a remaining balance of $216, The loans will even out our cash flow to help keep the levy at an acceptable rate. The loan can be prepaid at any time, and is issued without any fees. The Finance & Audit Committee recommends the Council accept the loan resolutions with the Board of Commissioners of Public Lands. Motion by Nyman to accept the $350,000 State Trust Fund loan resolution for a term of 20 years at 4.25% to finance the 17 th Street construction. Second by Hale. Roll call vote: Four ayes. Motion carries. Motion by Nyman to accept the $216, State Trust Fund loan resolution for a term of 13 years at 4.25% for the purposes of refinancing BCPL Loan # unfunded pension liability. Second by Hale. Roll call vote: Four ayes. Motion carries. Park Board: Park Director Wade Boegli was unable to attend as he coaches youth ball teams that have practice on Monday nights. Alderman Nyman read the following statement from Boegli: Today is our first full day of summer activities. The pool is now open for its regular summer hours. T-ball and Tots on the Run are beginning this week. Our youth ball will be starting its second week of play tonight and our adult softball and volleyball leagues are in full swing. Public Works: a) CMAR (Compliance Maintenance Annual Report) Resolution. Public Works Director, Rich Vogel, stated this is an annual report, and read the resolution with a Page 1 of 7

2 request for the Mayor to sign it. Motion by Bernstein to approve the resolution as presented. Second by Stocks. Roll call: Four ayes. Motion carries. b) Garbage and Recycling bids: Vogel stated it is time to go back out for bids. The last two years the City just extended the contract with Advance/Veolia the company has changed hands in the past years. Optimal Timeline was presented to the Council for the bid process. Vogel stated the bids will have the understanding that collection will be automated. Citizens would receive a cart on wheels. Discussion on automation of trash and recycling pickup. Motion by Hale to direct Public Works Director to work with City Engineer on the garbage and recycling bids. Second by Bernstein. Roll call: Four ayes. Motion carries. c) Street maintenance for 2014: Vogel referred to 2014 Summary Sheet of road projects. Legion Park Drive will be paid for by the Parks Department in the amount of approximately $3,835. Public Works committee reviewed the streets individually needing repair. Vogel suggested E 3 rd Ave. should be seal coated. In the past during Covered Bridge Days, the tractor pull had been on E 3 rd Ave., but this year the tractor pull will stay in the field. Total recommended repairs for all road repairs and/or maintenance is in the amount of $54,376 less the $3,835 Parks is paying, for a net of $50, Motion by Nyman to approve street repairs in the amount of $54,376 less $3,835 Park will pay for a net of $50, Second by Hale. Roll call: Four ayes. Motion carries. Library Board: Library Director Nikki Busch reported May Numbers: Visits = 4,296. Items Out = 4,973. Library added 258 new materials to the collection. Issued 15 new library cards. Public Use of Library Rooms: VFW room 13. Small Study Room 16; Program Room 7. Highlights: Friends of the Library Book Sale ran May during library hours. Family Video night on Saturday, May 31 st at 7 p.m.: Cloudy with a Chance of Meatballs 2. Teen Wii Event: Sports Championship, June 7 at 7 p.m. Library Tours for each elementary school class, gearing up for Summer Library Program, as well as visits to the Juda School District classes. Upcoming: Registration for SLP has begun. First Terrific Tuesday will be June 17 th at 3 p.m. with a Mad Scientist June 26 th at 6 p.m. Summer Craft for Adults: Candy Sundae class is full. Busch requested an Alderman assignment to the Library Board that meets the 3 rd Monday of the month at 4 p.m. No Aldermen are able to serve at this time. Busch stated they are required to have seven (7) members by state statutes. Busch spoke with SCLS (South Central Library System) consultant, and the Library Board is able to continue until they can come into compliance. Busch will ask Board if they would move the time to 5 p.m., which would work for Alderman Bernstein. Motion to direct City Attorney to research compliance with Library system by Bernstein. Second by Stocks. Roll call: Four ayes. Motion carries. Page 2 of 7

3 Economic Development: No report Emergency Management: Police Chief Tom Moczynski stated the Council has been provided with the City of Brodhead Emergency Management Plan. Speaks to emergency operations center in the City, and the Plan is a good overview of what the City will be doing should there be an emergency. Encourages all to review the document. Alderman Bernstein stated with new Aldermen on board, they will need to be trained on the FEMA NIMS requirements to become compliant. Content is an ongoing process, and it should be considered a living document. Bernstein stated Brodhead is one of the more prepared Cities per Green County Emergency Management and should be commended. Public Safety: Licenses and permits: Application for Liquor licenses annual renewal: Bridges Bar & Grill: Class B beer and liquor, Coin Machines, and Cabaret Cardinal Crest Mobile Home Park: license for Mobile Home Park by Meadows Development Group LLC Cardinal Lanes: Class B beer and liquor, Cigarette and Tobacco Products, Amusement Center as a bowling center, Coin Machines, and Cabaret Deb s Bar: Class B beer and liquor, Cigarette and Tobacco Products, Coin Machines, and Cabaret Dollar General Store: Class A beer and liquor, and Cigarette and Tobacco Products FIBS North: Class B beer and liquor, Coin Machines, and Cabaret Fowler s Stone Oven Pizza: Class B beer M&J s Bar: Class B beer and liquor, Cigarette and Tobacco Products, Coin Machines, and Cabaret Payne s Pub: Class B beer and liquor, Coin Machines, and Cabaret Brodhead Foods d/b/a Piggly Wiggly: Class A Beer and liquor, Cigarette and Tobacco Products Southside Beverage: Class A beer and liquor, Cigarette and Tobacco Products Stop N Go: Class A beer and Cigarette and Tobacco Products License Trackside Mobile: Class A beer and liquor, Cigarette and Tobacco Products Villa Pizza: Class B beer and liquor Motion by Stocks to accept applications for licenses as presented. Second by Hale. Roll Call: Four ayes. Motion carries. Operator Bartender s Licenses: Diana G. Baade, Debora J. Bair, Candace E. Benner, John H. Binko, Jennifer L. Binko, Brandan E. Bong, Erich D. Brandenburg, Kerri L. Brandenburg, Ruthella J. Brandenburg, Teresa A. Buttchen, Christine E. Buxton, Cheryl N. Buroker, Justin L. Campbell, Hailey M. Carter, Janet K. Cook, Hillary A. Cooley, Jackie L. Covert, Michele A. Deal, Cathy M. Disch, Dennis D. Disch, Amanda N. Drummer, Janice M. Dundee, Tori E. Fitters, Richard T. Flynn, Clayton C. Fowler, Tera L. Gray, Tamara J. Hahn, Jennifer L. Hale, Debra L. Heins, Paul W. Heins, Elizabeth A. Kuhse, Bruce E. Lambert, Deborah L. Lewis, Leann L. Looze, Lawrence D. McConnell, Amanda N. Miller, Ralph E. Mitchell, Christine E. Moon, Annie M. Morton, Rebecca A. Naugle, Natasha M. Neeley-Garske, Bruce D. Nehls, Jaimi E. Noriega, Billie Jo M. Page 3 of 7

4 Normington, Jennifer L. Olmedo, Megan M. Olson, Abby J. Paffel, Andrea L. Paffel, Billy J. Patchen, Khristine K. Ruef, William J. Saunders, Nancy K. Schupbach, Brittney M. Schutte, Carissa E. Simpson, Kathann L. Smith, Denise L. Speaker, Aliah A. Steinecker, Kaylee P. Steiner, Josie R. Suelflow, Scott G. Wahler, Ryan R. Wescott, Krystal M. Winchester, Megan C. Wiesenberg and Larry K. Winterland. Motion by Bernstein to accept operator licenses as presented. Second by Stocks. Roll call: Four ayes. Motion carries. Public Events: Temporary Class B Brodhead Sport Boosters annual softball tournament on August 8 th, 9 th, and 10 th, Motion by Hale to approve license as presented. Second by Nyman. Roll call: Four ayes. Motion carries. Chamber of Commerce: Street Closing for Fireworks on July 4 th on East 3 rd Street at 21 st Street from 4 p.m. to 11 p.m.; and Street closing for 4 th of July Parade Assembly area: West 3 rd Avenue and 11 th ; Dispersal Area: Legion Ball Park starting at 11:00 a.m. ending at approximately Noon. Brodhead Historical Society: Street Closing on August 9 th First Brigade Band parade during Covered Bridge Days from 3 p.m. to 4 p.m. on W 4 th Ave to City square downtown. Motion by Hale to approve street closings as presented. Second by Stocks. Roll call: Four ayes. Motion carries. Fire District: No report BID Board: No report Personnel: Alderman Stocks stated at the June 3 rd meeting, committee approved requests to date health insurance contributions of the Police Department Supervisory personnel to April 15 th, 2014, the Union contract acceptance date by Council. Senior Citizens: No report Tech Committee: No report Water & Light: No report Historic Preservation: No report. Buildings & Grounds: No report Plan Commission: Attorney Schroeder stated Plan Commission met June 2 nd. Approved two Building Improvement Requests: M&J Bar in the amount of $5,000 contingent upon final inspection by Building Inspector. Also approved American Family in the amount of $4, contingent upon final inspection by Building Inspector. TIF Developer s Agreement for Jeff and Karen Williams approved in the amount of $12,000 contingent upon verification of increased assessment. Extraterritorial CSM (Certified Survey Map) from the Town of Decatur presented an application of property owned by Judith Schultz on Golf Course Road. She currently has three parcels which she wishes to re-configure into three parcels. Plan Commission recommends approval of preliminary CSM for extraterritorial. Motion by Bernstein to Page 4 of 7

5 approve preliminary CSM as presented. Second by Hale. Roll call: Four ayes. Motion carries. Mayor Report: Future agendas: Personnel request on Police managerial personnel health insurance.. Library Board need of an Alderman member. NIMS training for new Aldermen. Resignation of Alderman Steve Peterson, Alderman At Large: Motion by Bernstein to accept resignation of Steve Peterson, Alderman at Large. Second by Stocks. Roll call: Four ayes. Motion carries. Attendance report: No comments Alderman Committee Appointments: Public Safety Committee. Troy Nyman volunteers as the Alderman. Motion by Bernstein to appoint Troy Nyman as Council representative. Second by Hale. Roll call: Four ayes. Motion carries. Emergency Management appointment of Brian Schimian as a citizen committee member. Motion by Bernstein to appoint Brian Schimian. Motion fails for lack of a second. Personnel Committee: Seven day notice of Scott Anderson as member had been provided. Motion by Stocks to appoint Scott Anderson as Personnel Committee member. Second by Nyman: Roll call: Four ayes. Motion carries. Fire District: Consensus is to wait on appointment Council President: Hale nominates Troy Nyman. Second by Bernstein. Mayor asked for any other nominations two more times. Motion by Bernstein to close nominations. Second by Hale. Roll call: Four ayes. Motion carries. Ballots were distributed for Council President votes. Clerk read the following ballots were cast: Four votes for Troy Nyman. Congratulations to Troy Nyman as the new Council President. The Mayor reminded all present that next Tuesday s Council meeting is cancelled. Appointment of Alderman for Ward 1 and /or Alderman at Large No action taken Attorney Report: Resolution Section Amendment Election Officials Appointment for the Years 2014 and Motion by Nyman to appoint John Bernstein and Amy Ross as Election Officials for the Years 2014 and Second by Hale. Roll call: Four ayes. Motion carries. Ordinance Codification project Council decision on specific General Code requests: p. 11 Section 1-4, General penalty: Revise first offense to: $150 nor more than $1,500. Revises second offense to: $250 nor more than $2,500 P. 12 Add underlined wording as set forth above. and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not exceeding six months Page 5 of 7

6 P. 13 (8) Subsection H91) (b) limits maximum forfeiture for a violation only applicable to a juvenile to $50 plus costs. Is any revision desired? Make no change p. 45 J. Section prohibits animals in parks and cemeteries. Does this prohibition extend to service animals? The City may wish to add a Subsection C to read: Animals specially trained to assist persons who are visually or physically handicapped shall be exempt from Subsection s A and B above. Add Subsection C as suggested. p. 50 to 51 F. The fee in State Statute is $10 per blasting period for quarries to supply building or ornamental stone and $10 per year for gravel-crushing operations using portable or fixed crushing equipment less than 30 days per year. Are these fees upto-date and sufficient? Legal Counsel recommends check mark revise as follows and write: permit fee as set by resolution of the Common Council. p. 57 In State Statute the fee for a license to conduct a dance hall or cabaret is $50 per year. Is any revision needed? Decision: Replace fee amount with fee as set by resolution of the Common Council. p. 83 to 84 F. In State Statute 316-5A the permit fee is $50. Is that amount up-to-date? Decision: Replace fee with as set by Common Council. p. 98 E. In State Statute 381-9, Violations and penalties, the penalty for violations of this chapter is forfeiture of not less than $20 nor more than $500 and, on default, imprisonment for up to 10 days. Is this penalty still satisfactory? Decision: If there is no statutory restraint with the penalty, go with the standard penalty in Section 1-4. P. 105 to 106 A. Section includes a street use permit fee of $25. Should the fee amount be retained in the Code? Decision: Remove the fee from the Code and insert wording indicating that the fee is as established by resolution of the Common Council. p. 106 Art. IV, Parades and Races A. Section includes a usage permit application fee of $25. Should the fee amount be retained in the code: Decision: Remove the fee from the Code and insert wording indicating that the fee is as established by resolution of the Common Council. p. 131 (4) The definition of boardinghouse in ss provides for room and board for three or more persons not members of a family, but not exceeding 10 persons and not open to transient customers. However, see ss480-15c(3) and C(3), which list Page 6 of 7

7 conditional uses for the R02 and R-3 Districts, reading Boardinghouses for up to four paying guests or boarders Does this present a conflict? If so what changes are required? Decision: Definition of boarding house in C (3) and C (3) be the definition used in all portions of the Code. Motion to adjourn: Motion by Stocks to adjourn at 8:35 p.m. Second by Nyman. Roll call: Four ayes. Motion carries. Minutes by Clerk Meixelsperger. Douglas A. Pinnow, Mayor approved this 14 th day of July, Page 7 of 7