Sunday, October 21st

The Common Council met at City Hall in the City of Black River Falls on July 3, 2018 at 6:00 P.M. Alderpersons M. Rave, Olson, Busse, Gearing-Lancaster, Ross, and Brown were present. Alderperson J. Rave was excused and Alderperson Redbird was absent. Mayor J. Eddy presided.

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It was moved by Alderperson Ross seconded by Alderperson Busse to dispense with the reading of the minutes of the June 5, 2018 Common Council meeting and approve as presented. Motion carried.

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CITIZENS IN ATTENDANCE There was 6 citizen in attendance for agenda items.

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COMMITTEE REPORTS It was moved by Alderperson Busse, seconded by Alderperson M. Rave to place on file the minutes of the June 5, 2018 Board of Review meeting. Motion carried.

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It was moved by Alderperson M. Rave, seconded by Alderperson Brown to place on file the minutes of the June 6, 2018 Historic Preservation Commission meeting. Motion carried.

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It was moved by Alderperson Olson, seconded by Alderperson Gearing-Lancaster to approve the minutes of the June 20, 2018 Committee of the Whole meeting. Motion carried.

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The Committee of the Whole met at City Hall in the City of Black River Falls on June 20, 2018 at 6:00 P.M. Alderpersons J. Rave, M. Rave, Olson, Busse, Gearing-Lancaster, Redbird and Brown were present. Alderperson Ross was excused. Mayor Jay Eddy presided.

1. There was one citizen in attendance for an agenda item.

2. Roger Castle, owner of Triple R Car Wash, was present to discuss his letter requesting a “No U-Turn” sign be placed on Highway 54 in front of his business. There were traffic congestion and safety concerns regarding westbound semis and vehicles pulling trailers making u-turns at this location.

3. It was moved by Alderperson Busse, seconded by Alderperson Redbird to place a “No U-Turn” sign on westbound Highway 54 at the intersection with Triple R Car Wash / D&S Manufacturing entrance. Motion carried.

4. The Department Head monthly reports were reviewed. Department heads present were Todd Gomer, Steve Peterson, Tammy Peasley, Jody Stoker, and Brad Chown.

5. Street Superintendent Todd Gomer was asked about the metal railing along the sidewalk on North 3rd Street and whose responsibility it is. It is believed this is the city’s responsibility and something will need to be done with the railing as it is deteriorating. He also advised the dug up area on North Third Street would be taken care of in the near future. Gomer was asked about what appears to be an abandoned house at North Third Street and Harrison Street. The City Administrator will look in to this. Gomer was asked about school zone signs still remaining where Third Street School once was. Gomer advised he has removed some and will remove more if directed to. Gomer was asked about missing water main caps and advised Municipal Utilities is responsible for those caps. Gomer was asked about a potential bike/pedestrian lane on North 8th Street. Would need to discuss with the Police Chief. It has been discussed in the past, but not a lot of room to widen street. Gomer also advised SEH engineers recommend a 4” lift on Commerce Drive instead of the 3” lift originally bid on due to the ground conditions under that section of the street.

6. It was moved by Alderperson M. Rave, seconded by Alderperson Olson to award the bid for paving Commerce Drive to Oium Asphalt Paving, Inc. in the amount of $15,331 and to authorize the Street Superintendent to approve a change order for a 4” lift. Motion carried.

7. Parks & Recreation Director Steve Peterson reported the bike rodeo moving to the fairgrounds was a good call. Library Director Tammy Peasley agreed and commended Steve Peterson for his assistance in securing the DNR building for the event. Peterson also reported the Aquatic Center was short staffed one day due to an employee injury and other illnesses, but they did meet the minimum state requirements for coverage and at no time were the pool operations illegal. Peterson reported the Field of honor Committee is seeking at least three new members. Peterson advised the wooden railing on 8th Street over the Foundation Trail tunnel is leaning badly and will need to be looked at for repair.

8. The Parks & Recreation request to purchase a new mower was discussed. Director Peterson recommends the Ferris lawn mower Page 2 of 4 advised there are funds available for this purchase in the Fairground Maintenance Fund so the money would not have to come out of the Parks & Recreation budget.

9. It was moved by Alderperson Busse, seconded by Alderperson Gearing-Lancaster to approve the purchase of a 32HP Ferris mower from German Hill Equipment in Black River Falls for $10,999 using funds from the Fairground Maintenance Fund. Motion carried.

10. City Administrator Brad Chown informed the Committee the Wisconsin Department of Transportation (DOT) did not like the location we planned to access Highway 12 with Andrews Road. The DOT is recommending the road tie in directly across from Hickory Street in the Town of Brockway. The DOT was advised we have a 30 year boundary agreement with the Town of Brockway and their proposed access point would require us to go over three parcels that are currently in the Town of Brockway including one private residence. We must exhaust every effort to explore this option before the DOT will consider our proposed access point. Because of his delay, this project will not begin until next Spring. The expenditure period for the TIF ends in 2020.

11. Library Director Tammy Peasley informed the Committee the state requested an evaluation of the Winding Rivers Library System. She anticipates two plans –either keep as is or combine.

12. EMS Division Chief Jody Stoker advised the Committee the ambulance service has reached a plateau and is experiencing growing pains with increased transfers and call volumes and expressed the need to do something about it. There was a lengthy discussion on staffing transfers with EMS personnel and hospital staff and state regulations on ambulance providers.

13. It was moved by Alderperson Olson, seconded by Alderperson M. Rave to approve vouchers for May 2018 check #64045 to #64178 totaling $475,920.03. Motion carried.

14. It was moved by Alderperson Olson, seconded by Alderperson Busse to approve the City Treasurer’s Report for May 2018. Motion carried.

15. It was moved by Alderperson Olson, seconded by Alderperson Gearing-Lancaster to approve the Revenue & Expense Reports for May 2018. Motion carried.

16. Alderperson Redbird was excused and exited the meeting.

17. The Mayor and Council members were each issued an Apple iPad and received training on the use of the tablet, accessing the city’s website, downloading meeting packets, and opening packets for use during meetings.

18. It was moved by Alderperson Olson, seconded by Alderperson Brown to adjourn. Motion carried.

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It was moved by Alderperson M. Rave, seconded by Alderperson Olson to place on file the minutes of the June 21, 2018 Plan Commission meeting. Motion carried.

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It was moved by Alderperson Ross, seconded by Alderperson Gearing-Lancaster to place on file the minutes of the June 22, 2018 Public Safety Planning Task Force meeting. Motion carried.

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It was moved by Alderperson Olson, seconded by Alderperson Ross to place on file the minutes of the June 25, 2018 Utility Commission meeting. Motion carried.

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Roberto Hernandez, Manager of Mr. Pita and Sharon Trujillo, owner of Mr. Pita presented their reasons for needing a Class B Liquor License for their business at 24 North Water Street which included doing good things for the town, making customers feel welcome, additional revenue to invest in local events, accompanying good food with good drinks, and being a current business that has been open for years. They had applied for the license back in March and have been waiting ever since. City Attorney Mark Radcliffe explained to the Council the initial issuance of a liquor license is a legislative function and is a matter of local concern. Council needs to use sound judgment and not be discriminatory and if Council is going to deny a liquor license to state the reason why. Radcliffe advised the Council to discuss both applications at same time. Lauren Wright presented reasons for needing a Class B Beer and Class B Liquor License for her business at 44 Main Street which included the bar side of the facility generates 30-50% of sales based on the 5 years of experience working at that location, there has been a bar at this location since 1912, she has plans to open stairway and have events on site which will bring more revenue to the area, and a liquor license is crucial for the building. Council members questioned the status of Viva Cinco De Mayo’s license and Sharon Trujillo offered a history on the license currently held by Viva Cinco De Mayo which was previously held by Trujillo. Attorney Radcliffe advised factors that should be considered including where the license would best serve the city and the community. Alderperson Ross acknowledged there were two very viable applicants and only one license so someone will leave happy and someone will not and recommended the license be issued to Mr. Pita based on them Page 3 of 4 being first in line and currently doing business and felt the Wright Place would then move to the front of the line for when another license becomes available. Alderperson Olson stated that 44 Main Street has had a license for years and he would hate to see it without one whereas Mr. Pita has a full house now with beer & wine.

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It was moved by Alderperson Olson, seconded by Alderperson Busse to approve a Class B Beer & Class B Liquor License for the Wright Place Saloon LLC located at 44 Main Street. Motion carried (5-1) with Alderperson Ross voting no.

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There was further discussion on the status of Viva Cinco De Mayo’s liquor license and whether the clock started on the local requirement to be open for business within 90 days of being issued a license started when the business closed at the end of February or on July 1, 2018 when their license was renewed. Attorney Radcliffe will look at the ordinance. ------------------------------------------------------------------------------------------------------------------------------------------------------------------

It was moved by Alderperson Olson, Seconded by Alderperson Brown to deny a Class B Liquor License for Mr. Pita located at 24 North Water Street because the license was issued to a different applicant and feel a business at 44 Main is more advantageous to the city. Motion carried.

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There was discussion on the proposed CSM map for property on Riverview Drive. The Council directed Attorney Radcliffe to review Section 19.04 of the city codes and all other attaching ordinances or sections. Attorney Radcliffe advised his plan would be to contact the state and other similar sized communities but will be pushing for discretion in the ordinance.

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It was moved by Alderperson M. Rave, seconded by Alderperson Gearing-Lancaster to approve the Certified Survey Map for Property on Riverview Drive as presented and as recommended by the Plan Commission. Motion carried.

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There was discussion on the proposed agreement with Short Elliott Hendrickson with questions from Council as to the broad range of $5-10 million for the cost of the project, when the Council would be approving the project, and what GIS mapping is. Phase 1 of the project will narrow down the cost of the project, the Council will have final approval after Phase 1 to determine if the project moves forward, and Alderperson M. Rave explained GIS mapping and its benefits for this project.

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It was moved by Alderperson Ross, seconded by Alderperson Gearing-Lancaster to approve the agreement between the City and Short Elliott Hendrickson (SEH) Inc. as the architect for Phase 1 of the proposed public safety facility project as presented and as recommended by the Public Safety Planning Task Force with the cost of $17,260 being shared between Fire & EMS. Motion carried.

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It was moved by Alderperson Busse, seconded by Alderperson Gearing-Lancaster to accept the bid from MSA Professional Services for a retail/commercial market gap analysis and strategy project. Motion carried.

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It was moved by Alderperson Olson, seconded by Alderperson Brown to approve the application for a Temporary Class B Retailers License for the Black River Falls Downtown Association for the Karner Blue Butterfly Festival July 21, 2018 at the corner of South Third Street and Fillmore Street. Motion carried.

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It was moved by Alderperson M. Rave, seconded by Alderperson Busse to approve the application for a Temporary Class B Retailers License for the Jackson County Agricultural Society for the Jackson County Fair August 1-5, 2018 at the fairgrounds grandstand and mapped area. Motion carried.

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ORDINANCE 843 an ordinance repealing and recreating Section 11.03(14) of the Codes of the City of Black River Falls was presented for 1st reading. Council recommended changing the word “form to “from” under section “c” and removing the times under section “a” and section “c”. Ordinance will come back for second reading at next meeting.

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It was moved by Alderperson Ross, seconded by Alderperson M. Rave to approve RESOLUTION 2018-07 the introduction of a resolution regarding the discontinuance of public ways. Motion carried.

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CITY OF BLACK RIVER FALLS RESOLUTION 2018-07 INTRODUCTION OF RESOLUTION REGARDING THE DISCONTINUANCE OF PUBLIC WAYS WHEREAS, the Common Council of the City of Black River Falls in Jackson County, Wisconsin hereby introduces a resolution pursuant to Wis. Stat § 66.1003(4), to discontinue selected public ways originally laid in the Knapp and Williamson’s Plat of the Village (now City) of Black River Falls, as more particularly described below; and WHEREAS, the public ways proposed for discontinuance exist by virtue of a dedicated plat recorded with the Register of Deeds office for Jackson County; and Page 4 of 4 WHEREAS, the final resolution shall contain the following language: “The Common Council of the City of Black River Falls, Jackson County, Wisconsin, by this resolution, adopted by a majority of the Common Council on a roll call vote with a quorum present and voting and proper notice having been given, resolves and declares as follows: The public ways contained in the parcels described below are vacated and discontinued under s. 66.1003 (4), Wis. Stats. It is in the public interest that the public ways described below are vacated and discontinued under s. 66.1003 (4), Wis. Stats. The public ways to be discontinued are described as follows: That portion of “Spaulding Street” (which may also be known as “Jackson Street”), located between Blocks 1, 2, 7, and 8, from the East lines of Blocks 3 and 6 to the East lines of Lot 5, Block 1 and Lot 1, Block 8. That portion of “Mason Street” (which may also be known as “North 1st Street”), located between Blocks 7 and 8, from the South line of Blocks 7 and 8 to the South line of Blocks 1 and 2. That portion of “Bluff Street” (which may also be known as “North 2nd Street”), located between Blocks 6 and 7, from the South line of Blocks 2 and 3 to the South line of the North 1/3 of Lot 2, Block 6, extended East to the West line of Block 7. The discontinuance of the above-described public ways will not result in a landlocked property and no owner of property abutting the discontinued public ways will be damaged by the discontinuance. The discontinued public ways will be vacated and the land awarded to the following owner or owners of real estate abutting the discontinued ways: (i) Jackson County (ii) City of Black River Falls (iii) Daniel J. Murray and Amy S. Murray (iv) Phillip D. Hovis and Susan C. Hovis The City Clerk shall properly post or publish this resolution as required under s. 62.11, Wis. Stats.” WHEREAS, a scale map of the lands that would be affected by the proposed discontinuances are attached hereto, marked as Exhibit “A” and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BLACK RIVER FALLS, JACKSON COUNTY, WISCONSIN, AS FOLLOWS:

1. That a public hearing shall be held at the City Hall for the City of Black River Falls to determine whether discontinuing the above-described streets is in the public interest. Said meeting shall be held not less than 40 days after this resolution is introduced.

2. That notices of said public hearing required under Wis. Stat. § 66.1003(4)(b) shall be sent. At least 30 days prior to the hearing, said notices shall be served upon all owners of all lots fronting any of the roads proposed for discontinuance and a notice will be published as a class 3 notice under ch. 985. Any objection to the discontinuance by any owner must be made in writing and submitted to the City Clerk for the City of Black River Falls.

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Gaylord Oppegard, non-resident, spoke on behalf of Black River Falls United to Amend’s petition for direct legislation explaining the proposal is to get money out of politics. This is a non-partisan movement trying to amend the federal constitution. Attorney Radcliffe reviewed the proposal and statutes and concluded the petition does not qualify under Wisconsin statute 9.20 as direct legislation for two reasons. First, it is more of a political statement and second it has to be in the Council’s legislative authority and the Council does not have jurisdiction to change the federal constitution. Radcliffe advised the council they could not take this up as direct legislation because it does not qualify.

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It was moved by Alderperson Brown to not move forward with Black River Falls United to Amend’s petition for direct legislation. Motion died for lack of a second.

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It was moved by Alderperson Gearing-Lancaster to approve Black River Falls United to Amend’s petition for direct legislation and adopt the resolution as presented as a statement of support from Black River Falls Common Council. Motion died for lack of a second.

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It was moved by Alderperson Olson, seconded by Alderperson Busse to adjourn. Motion Carried.

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A. Brad Chown

City Administrator