CITY OF BRODHEAD COMMON COUNCIL MINUTES MONDAY, NOVEMBER 10TH, 2014

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1 Present: Mayor Pinnow, Alderman Nyman, Anderson, Hale, Bernstein, Stocks, Rosheisen. Clerk Meixelsperger, City Attorney Mark Schroeder. Mayor Pinnow called meeting to order at 7 PM. Roll call vote shows everyone present. Minutes: Motion by Stocks to approve minutes of Tuesday, October 21st, Second by Bernstein. Roll call vote: Six ayes. Motion Park Board: Park Director, Wade Boegli, stated this past Thursday Badger Pool did some preliminary work that allows for Gibson Heating & Cooling to start on the exploratory work to determine the pool drain damage on November 17 th. Volleyball leagues are going on Wednesday and Sunday nights. Pickle ball is on Wednesday nights. Public Works: Rock Disposal Contract January 1, 2015 thru December 31, 2019: Public Works Director, Rich Vogel, referred to the Rock Disposal Solid Waste Handling and Recycling Contract. Attorney Schroeder stated his office reviewed the contract, and made sure the provisions of the contract are consistent with the request for proposals. Attorney Schroeder is satisfied with the contract from a legal perspective. Mayor clarified the contract will be effective January 1 st, Motion by Bernstein to accept the contract, second by Hale. Roll call: Six ayes. Motion Recommended letter to Property owner s regarding new waste and recycling collection 2015: Recommended letter described by Clerk, with a copy provided to Council. Information item only Ordinance Sec Volume Based Rates for regular and special solid waste collection and user fees proposed amendment: Vogel stated Ordinance Sec Volume Based Rates is outdated with the new waste collection agreement. Language is proposed to update the ordinance to the use of the standard 65 gallon trash and 95 gallon recycling container. Vogel stated they want residents to use the 95 gallon recycling container to continue encouraging recycling. Discussion on alternate sizes of containers. The City will be charged if a resident chooses a small 45 gallon container. Should that be passed on to the resident? The 95 gallon container will be charged to the resident at a fee of $78.00 annually. Motion by Bernstein to not charge any additional fees for the automated container regardless of the size. Second by Rosheisen. Motion by Bernstein amended to charge for the 95 gallon container but not for the 45 gallon container. Amended second by Rosheisen. Roll call vote: Six ayes. Motion Motion by Hale to direct the Attorney s office to amend ordinance Sec Volume based rates. Second by Nyman. Roll call vote: Six ayes. Motion 11/20/2014 Page 1 of 6

2 MSA Agreement on the Brodhead WWTP Phosphorus Evaluation Phase 2. Vogel described the phosphorus limitations set at 1.75 mg per liter, and they are usually keeping the phosphorus less than that, but it s not enough to make the new standards. They would like to have MSA review all the options that they have to achieve lowing the phosphorus to the new requirements. MSA has proposed $11,700 for this study. Motion by Nyman to approve the MSA services agreement for the phosphorus evaluation Phase 2. Second by Hale. Roll call: Six ayes. Motion MSA CMOM Plan (Capacity Management, Operations, and Maintenance Plan. Vogel stated the State is focusing on our collection program. This will evaluate if the City has the correct size, and the needed ordinances to protect the system, operation and maintenance activities, design and performance, and capacity assurance, as well as an annual self-audit criteria. The lump sum fee for the work is $5, Motion by Bernstein to approve the MSA services agreement for the CMOM plan. Second by Nyman. Roll call: Six ayes. Motion Forestry & Native Plants: Vogel reported they removed about fifty (50) stumps, but have a few more to remove which will happen in Spring. Starting to take orders for tree Spring planting. Library Board: Library Director, Nikki Busch, distributed a Green County Library Board 2013 Annual Report. Reported in October the Library had 4,092 visits. 5,724 Items were checked out. Added 200 new items to the collection. New Library Cards Issued: 9. Public Use of Library Rooms: VFW Room 14; Small Study Room 31; Program Room 11; and History Room: 1. Highlights: Total of 257 attendees at various story times during the month of October. Upcoming: 20 adults, plus a waiting list for the November Adult Craft on Nov. 21 on Holiday trees. Economic Development: Anna Schramke has volunteered to chair the committee. Mike Johnson, Green County Development Corporation (GCDC) would like the committee to take a three hour long economic development training. Also working with GCDC and Fehr Graham to work on marketing the Cities vacant land on the south end of the City in TIF 2. Future agendas: will need an Alderperson assigned to the committee. Emergency Management: Alderman Bernstein wants to thank Tanna McKeon of Green County Emergency Management who facilitated working with WI Emergency Management for a $55, WI Disaster Fund grant to help in recovery efforts from storms that swept over the City in early June. 11/20/2014 Page 2 of 6

3 Public Safety: Licenses/Permits: Police Chief Tom Moczynski presented Operator (bartender) applicants Kendra Leigh Usher. Motion to approve as presented by Stocks. Second by Nyman. Roll call vote: Six ayes. Motion Public Event: Chamber of Commerce Fire & Ice Event on Friday, December 5 th. Chief Moczynski stated the Chamber is requesting two things want north end of square blocked off On December 5 th from 11:30 am to 9:30 p.m. They have their Fire burn permit. Second request is for the lighted parade, from 7 p.m. to 8 p.m. Will follow the Homecoming parade route this year. Committee recommendation is to close the square and 1 st Center Avenue as requested. Motion by Stocks for Council to approve the application as presented. Second by Anderson. Roll call: Six ayes. Motion Detached garage recommendation on ordinance consistency of Sec and Recommendation to remove Ordinance to make the same standard for all detached garages: Building Inspector recommends removing Sec for consistency , Allows the garage to be up to 1,000 sq. ft. and a height of 15 feet , Allows the garage to be up to 768 sq. ft. and a height of 14 feet. Attorney Schroeder questioned removing Sec there are also certain structural requirements did the Building Inspector state those are covered elsewhere? Alderman Stocks stated he did not perhaps the Attorney should review the two and remove the inconsistencies in the height requirements. Motion by Stocks to direct the City Attorney to review both ordinances and provide consistency or any other details. Second by Nyman. Roll call: Six ayes. Motion Police Sargent position recommendation to fill the position, with the approval of the Personnel Committee: Alderman Stocks moved to table item c until next month. Second by Anderson. Roll call: Six ayes. Motion Fire District: Resolution providing for a Fire Protection Response Fee Schedule and Billing Assessment and appeal procedures in connection with such Fire Protection Response Fee: Alderman Anderson moved to table until next Council meeting. Second by Stocks. Roll call: Six ayes. Motion Fireworks no longer provided by the District: Letter received from our Fire District that they will no longer perform the fireworks. Alderman Hale stated they will no longer perform the fireworks, based on a recommendation by the Fire Chief. Discussion. Mayor stated a few years ago the City purchased some cylinders for this purpose. Will they be available to someone else? No response. 11/20/2014 Page 3 of 6

4 Final 2015 Fire District Levy to the City of $119,673.00: City of Brodhead levy: $119, Clerk stated the levy had been estimated at $121,656 in the original 2015 budget proposal. Adjustment will be recommended at the budget hearing on Monday, November 17 th. BID Board: No report Personnel & Insurance: Motion by Alderman on the Committee s recommendation to accept the resignation of Police Chief Tom Moczynski. Second by Bernstein. Roll call: Six ayes. Motion Mayor Pinnow and the Council thanks Chief Moczynski for his service to the Community for over eight years. The Council and audience gave the Chief a round of applause. Alderman Stocks moved to appoint Deputy Police Chief Brian Raupp as Interim Chief of Police. Second by Hale. Roll call: Six ayes. Motion Senior Citizen Committee: No report Tech Committee: No report Water & Light: Water & Light Director, Jeff Peterson, advised the Council on the metering infrastructure project. Letter was sent to all residents in mid-october. Pilot program was started about a year ago. Project is going well. This is identifying leaks people may not have known they had. Largest commercial customers are complete, starting to work downtown, and will then start working with residents to change out the meters. Historic Preservation: No report Buildings and Grounds: a) Consider selling the former Water & Light building on 11 th Street. Alderman Nyman stated they have chosen to keep the building and property. Gas meter in rear of City Hall has been moved today for safety reasons. Plan Commission: Vierbicher s TIF #6 analysis of the potential Kobussen project along Highway 11: Attorney Schroeder stated a representative of Hawthorne Stone appeared and presented a concept proposal for the development of property located on the northeast side of the City, a block west of County HWY T. Proposal for Kobussen bus company facility to be constructed in that location. Kobussen indicated they would request TIF 6 assistance of roughly $130,000. Ben Zellers of Vierbicher, the City s TIF Consultant, has reviewed this, and based on his analysis, that request could be funded up to $130,000. No representatives have met with the Department Heads to discuss specifics to date. Any further action would be contingent upon that happening. Attorney Schroeder this is a matter of policy for the Council to consider if this is the type of development you would want in that part of the City, and if so, if you would consider TIF financing to facilitate that development. You are not required to do this. Ben Zellers is 11/20/2014 Page 4 of 6

5 indicating in his letter that but for the TIF financing, the development may not occur. Discussion. Plan Commission has recommended approval of the development concept. Motion by Bernstein to approve the concept of the Kobussen bus depot and the TIF 6 financing, and authorize City Attorney to enter into negotiation with the developer. Second by Hale. Roll call: Six ayes. Motion Mayor s report: Future agendas Victoria Solomon, UW-Extension, had discussed Youth in Government. They are moving forward, and would like to populate that group. Community Center Economic Development Committee Alderperson b) SWAG Agricultural Education & Innovation Complex update: South WI Agricultural Group is looking for a place to build an educational facility. They are still in negotiations. c) NIMS training dates Alderman Bernstein stated he still working on that with Green County d) Budget 2015 hearing date November 17 th :30 p.m.: Reminder e) Family Promise of Green County week designation Motion by Alderman Bernstein to set the week of Thanksgiving annually honoring Family Promise. Second by Anderson. Roll call: Six ayes. Motion f) Proposed Resolution for Advisory Referendum regarding City funded awards for capital expenditures of non-essential services. Motion by Alderman Stocks to accept the proposed resolution. Second by Anderson. Discussion. Roll call: Nyman aye; Hale nay; Anderson Nay; Stocks aye, Rosheisen - aye, Bernstein - Nay. Mayor breaks the tie with Nay. Motion failed. Motion by Anderson to send this resolution for a recommendation to Audit/Finance Committee. Second by Bernstein. Roll call: Six ayes. Motion g) Accept resignation of Alderman Stocks from Economic Development Committee. Motion by Anderson to accept resignation. Second by Hale. Roll call: Six ayes. Motion h) Consideration rescheduling or cancelling Council meeting of Tuesday, November 18 th: : Motion by Alderman Bernstein to combine the Monday, November 17 th public hearing on budget with the regular third Tuesday meeting. Second by Anderson. Roll call: Six ayes. Motion i) Citizen Concern: Lori McKee on truck parking: McKee stated over a year ago the Chief of Police said they would have a resolution for the truck drivers. There is nowhere to plug in. Weight limit ordinance is not used the camper weight is not enforced. A 28 foot camper is 40,000 pounds, a 14 foot camper is 20,000 pounds. The City s weight limit is 14,000 pounds. Truckers are being harassed, so that they can plug in to start it. Maybe the Council can put an ordinance in affect for the winter months from October to April. Suggests the City have something in place where truckers call and register where they are parking. Stoughton Trailer is utilizing the lot. Doesn t want to have to pay $100 per year for Board of Appeals to make a zoning variance decision. McKee has spoken with the Chief of Police about 11/20/2014 Page 5 of 6

6 the campers no one is being ticketed. Police Chief has stated he doesn t know what they weigh. Mc Kee is asking to come off the truck route to plug in at her yard. Wants the City to consider putting in a parking lot with electric for the truckers free of charge. McKee asked if the commercial parking lot owner received money to get electrical plug in slots for the truckers. Mayor stated the commercial parking lot owner did not come into Plan Commission prior to the TIF 2 money being unavailable in the Fall, as the TIF is scheduled to close in 2015, and the expenditure period ended in the Fall. McKee questioned what Stoughton Trailers received as a TIF incentive? The Mayor stated the Council is not prepared with responses at this time, and will address it at a later date. Attorney Report: Accurate Appraisal, LLC Agreement for Assessment Services January 1 st, 2015 thru December 31, 2017: Attorney Schroeder stated this is for a three (3) year period vs. a one (1) year period which the City has historically done. There are advantages/disadvantages to both. Another issue that has been raised is whether or not you wish to insert a penalty clause for not meeting statutory deadlines for open book, preparation for Board of Review timely. This was raised in a number of other municipalities where Board of Review was delayed by the Assessor. Clerk stated this has not occurred in the City with Accurate Appraisal. Motion by Bernstein to approve Accurate Appraisal contract for the next three (3) years as presented. Second by Anderson. Roll call: Six ayes. Motion Preliminary Resolution Wiis Stats exercise of police powers for special assessments: Attorney Schroeder stated this refers to the East 6 th Avenue project, which is largely funded by TIF 2. The mains themselves are being paid by the TIF funds, the stubs would be paid by the residents. The assessment would be equal to 100% of the cost of the assessment of the lateral stubs. There will be a hearing on January 12 th, Property owners were advised this was coming it will not be a surprise for them. Motion by Alderman Bernstein to approve Preliminary resolution Wis. Stats as presented. Second by Anderson. Roll call: Six ayes. Motion Adjournment: Motion to adjourn by Alderman Bernstein. Second by Nyman. Roll call: Six ayes. Motion Adjourned at 8:45 p.m. Minutes by Clerk Meixelsperger Douglas A. Pinnow, Mayor Approved this 17 th day of November, /20/2014 Page 6 of 6