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April 7, 2009 April 7, 2009 Minutes

The regular meeting of the Colby Common Council was called to order at 7:30 P.M. by Mayor James Schmidt. On roll call: Lange, Beisner, Schmidt, Raatz, Holtzhausen, Hederer, and Hayes. Schraufnagel was absent. Also present were Clerk Connie Gurtner, DPW Harland Higley Jr and Engineer Mike Voss.

Agenda was posted by the clerk. The agenda will stand as the order of the meeting.

Buddy Poppy Proclamation: Bernice Gokey presented the Buddy Poppy Proclamation for the Mayor to read and approve. Motion was made Hederer, seconded by Holtzhausen to approve the proclamation. Motion carried with a voice vote.

Minutes of the March 3rd and March 31st council meeting were pre read and reviewed. Motion was made by T Schmidt, seconded by Hayes to approve the minutes as presented. Motion carried with a voice vote.

Financial Statement and Bills were discussed. Motion was made by Hederer, seconded by T Schmidt to pay the bills as presented. The amounts approved are as follows: General Fund $59,877.07; Water Department $223,032.70; Sewer Department $194,467.31; TIF Department - $1,125.00; Net payroll - $26,016.82. Motion carried with a voice vote.

Public Comment: Jane Holman asked to speak under item “8(d) Bids for sale of 110 S Division Street Property” on the agenda.

Colby-Abbotsford Police Commission met on March 9th.

The commission approved minutes and expenditures.

The commission discussed hiring a firm to prepare the 2008 audit; the audit could roughly cost $1,500. It was suggested that both City Clerks could complete the audits. The commission voted to hire Vig and Associates to do an internal audit for 2008.

The commission discussed replacing/repairing the chief’s squad car, it would be approximately $880 to repair the damages. Chief Gosse looked at a few used vehicles; 2006- Pontiac Tourent with 19,000 miles for $11,500; 2008- Chevy Impala with 46, 000 miles for $10,900. The commission approved repairing the Chief’s car for under $1,000. Chairman Lange added with the understanding that the Chiefs car is an emergency vehicle; therefore, if problems or concerns with the vehicle arise because of safety issues, Chief Gosse will present that information to the committee for review of purchasing a new/used vehicle.

Under discuss/recommend the handling of the Police Commission accounting, after discussing the idea it was decided that the accounting practices between the two cities would remain unchanged.

Under Chiefs report, Gosse distributed the 2008 annual report for the Colby/Abbotsford Police Department. Gosse explained that the Department received $602.75 toward bullet proof vests. Under the vehicle report there was damage to a squad car about $5,600 with a $500 deductible. The Chief also wanted to let the committee know that there has been an increase in violence in the area. There is a one billion dollar grant allocated for officers funding available at this time. It is a three year program which pays 100% the first three years and the fourth year you have to hire the person for one year. Chief Gosse stated that he will discuss this with both councils in April.

Motion was made by Hayes, seconded by Hederer to approve the actions and expenditures of the Police Commission for March. Motion carried with a voice vote.

Park/Rec/Recycling met on March 23rd.

The tennis court in the North 1st Street block of Central Park was discussed. The condition of the court is deteriorating. Consensus among a majority of the members was to bring to the council the idea of removal of the tennis court and replace with a grass area and also tree planting. The portable volleyball nets purchased for 6th Street Park could then be used in this area. Motion was made by Holtzhausen, seconded by Hederer to remove the asphalt in the North 1st Street park that is currently used for North tennis courts and make it a grass area. Motion carried with a voice vote.

The purchase of soccer nets as budgeted was discussed for South 6th Street Park. After researching types and prices the committee voted to purchase one pair of portable soccer goals and two nets for a cost of $960.00 from Chippewa Valley Sporting Goods. DPW Higley will pick them up when he goes to class in May. Motion was made by Hederer, seconded by Hayes to purchase two soccer goals and two nets at a cost of $960.00. Motion carried with a voice vote.

The Historical Market landscaping project was finalized as an Eagle Scout project. Nicholas Haines has provided a materials list with prices. He understands the scope of the project and must get final approval from the Boy Scout Council. Raatz has suggested the horticulture class do the planning design. The committee approved spending $700.00 for the project. Motion was made by Holtzhausen, seconded by Schmidt to approve the Eagle Scout project for the historical marker not to exceed $700. Motion carried with a voice vote.

The South city entrance sign was discussed and T Schmidt informed the committee that Colby Economic Development Corp had approved $17,000 for an identical sign for the North end of the city. The city would like to take ownership of both signs.

The “Rules of Use” of the signage was discussed. We will get more examples, but found the one we did receive from Medford to be very helpful. Application for the DOT sign permits will be discussed further at later meetings.

DPW Higley is assessing possible plans related to the drainage at South 6th Street Park.

The committee is looking into replacing the roof on the shelter located on the Northeast corner of 1st and Spence. The committee will look at options for completion in the fall. The Colby Chamber of Commerce is concerned with the electrical service to the shelter. DPW Higley has contacted Xcel Energy for cost estimates. The Chamber has offered to share the costs with the city.

Concerns over the cost of watering the flower baskets during the summer were discussed. The cost of watering is greater than the cost of the baskets and is done at city expense. Options are being considered from volunteer watering, especially on weekends, to purchasing artificial plants.

Personnel/Labor Relation met on April 7th.

The committee discussed residency requirements for city employees. Lange and Hayes both feel that residency requirement is not important for city employees where Holtzhausen feels that it is very important to the residents of the city. The committee discussed limiting only full time or certain positions to the residency requirement. Motion was made by Lange, seconded by Hayes to allow residency for employees to be a ten mile radius rather than only in the city limits for non-emergent employees of the city. Roll Call Vote: Ayes – Schmidt, Hayes, Lange. Noes – Beisner, Holtzhausen, Hederer. Raatz abstained from voting. Mayor Schmidt voted yes to break the tie. Motion carried.

The committee reviewed the applications for the lawn mowing position. Motion was made by Holtzhausen, seconded by Hayes to offer the summer lawn mowing position to Brian Bauer at $8.00/hour. DPW Higley will be allowed to offer the position to the next applicant in line if Brian Bauer declines the position. Motion carried with a voice vote.

DPW Higley reviewed the uniform costs with the committee. The crew is interested in changing from the brown pants and shirts to jeans, long sleeve shirts and T-shirts. They also asked to have seven changes rather than five. Motion was made by Holtzhausen, seconded by Beisner to allow DPW Higley to order the new clothing from Unifirst Corp. Motion carried with a voice vote. Raatz abstained from voting.

The committee went into closed session to discuss compensation for Clerk Gurtner for her MMC certification. Motion was made by Holtzhausen, seconded by Lange to ask the council if this additional voluntary training should be compensated – answer yes if you think it should be compensated and no if you feel it should not. Roll Call Vote: Ayes – Schmidt, Raatz, Hayes. Noes – Holtzhausen, Hederer, Lange, Beisner. Clerk Gurtner will not be compensated for her MMC recognition.

Mayor Schmidt: Mayor Schmidt reported on the United Communities of Clark County Meeting.

Mayor Schmidt informed the council about his trip to Washington DC with the American Water Works Association. The days were busy and very informational.

Harland Higley Jr: The following building permits were issued: Todd Blume, 602 N 4th Street, kitchen remodel; Kulp Real Properties, 210 W Spence Street, new flooring; Delores Hesgard, 305 W Dolf Street, re-shingling.

Engineer Mike Voss: Mike Voss passed out a project update for the Well #13 Project the CDG-PF Pre-application and Utility for Hwy 13 and the TID Act #57 Amendment.

We received state wage rates from Municipal Well and Pump. The state wage is $16 greater than federal. The updated bid price is over $5000 greater than original bid. If the city crew is able to monitor water levels during the test pumping period the city would save $6780. This brings the bid to $56,345.

Raatz questioned the timeline for the project being applied for by the TE Grant. If the project would begin prior to the reconstruction of HWY 13 between Colby & Abbotsford, the grant project could then be damaged. Voss understands that the HWY 13 will maintain the current curb line and therefore not damage the grant funded project.

Picnic License: An application for a temporary Class “B” was received from the Colby Lions Club, 101 W Adams Street for April 22, 2009. Motion was made by Hederer, seconded by Holtzhausen to approve the picnic license. Motion carried with a voice vote.

Annual DNR Water Report: Glenn Falkowski performed a survey on our water system. There were three noted deficiencies. The deficiencies were regarding well house #8 and fluoride pumps in 2 and 4. A letter of response was mailed to reiterate to Falkowski the plans for dealing with the deficiencies.

Bids for Sale of 110 S Division Street Property: Jane Holman commented on the wording printed in the paper omitting the word “sealed”. Two bids were received, one in the amount of $10,000 from the Colby VFW and the other for $21,500 from Precision Builders of Central Wisconsin. Motion made by Beisner, seconded by Lange to select the bid at $21,500 by Precision Builders of Central Wisconsin. Motion carried with a voice vote.

Municipal Well & Pump – Well #13 Contract Change Order for Wages: Covered in Engineers report.

Resolution No. 4-2009: Declaring Official Intent to Reimburse Expenditures for Environmental Improvement Fund Loan Program Projects. Motion was made by T Schmidt, seconded by Lange to approve Resolution 4-2009 as follows. Motion carried with a voice vote.


WHEREAS, the City of Colby, Clark & Marathon Counties, Wisconsin (“the City”) plans to construct several projects including municipal water system distribution facilities upgrades, looping, source development (well & wellhouse) and treatment, replacement of distribution mains (including but not limited to the STH 13 project), sewer mains and appurtenances, and additional related facilities as described in its Environmental Improvement Fund Loan Program Notice of Intent to Apply Forms, and assigned Safe Drinking Water Loan Program Number 4786-01 for the well/wellhouse/treatment/connection project and Number 4786-02 for the STH 13 main replacement and looping project, and to be assigned a Clean Water Fund Loan Program number by the Department of Natural Resources (“the Projects”); and

WHEREAS, the City expects to borrow funds and incur debts from one or more possible sources including the State of Wisconsin Environmental Improvement Fund Loan Programs to finance the Projects; and

WHEREAS, because proceeds of the debt which will provide project financing will not become available prior to commencement of the Projects, the City may need to provide interim financing to cover costs of the Projects incurred prior to receipt of the Loan(s); or other debt proceeds; and

WHEREAS, it is necessary, desirable, and in the best interests of the City to advance moneys from its General Fund on an interim basis until the Loan(s) becomes available.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Colby, Clark & Marathon Counties, Wisconsin, that:

Section 1. Expenditure of Funds The City shall make expenditures as needed from its General Fund to pay the costs of the Projects until loan proceeds become available.
Section 2. Declaration of Official Intent. The City hereby officially declares its intent under 26 CFR Section 1.150-2 to reimburse said expenditures with proceeds of the debt, the principal amount of which is not expected to exceed $1,600,000.
Section 3. Effective Date. This Resolution shall become effective upon its adoption and approval.


James W. Schmidt, Mayor
Attest: Connie Gurtner, Clerk/Treasurer

Resolution No. 5-2009: Authorized Representative to File Applications for Financial Assistance From State of Wisconsin Environmental Improvements Fund. Motion was made by Holtzhausen, seconded by Beisner to approve resolution 5-2009 as follows. Motion carried with a voice vote.

WHEREAS, it is the desire of the City of Colby, Clark & Marathon Counties, Wisconsin, a municipal corporation, to file several applications for state financial assistance for its water distribution system, water source facilities and treatment, and sewage collection system under the Wisconsin Environmental Improvement Fund (ss. 281.58, 281.60, and 281.61, Wis. Stats.);
WHEREAS, it is necessary to designate a representative for filing said applications;
BE IT THEREFORE RESOLVED by the City Council of the City of Colby that the Mayor is hereby appointed as the authorized representative for the City of Colby for the purpose of filing these applications, and that the representative is further authorized and empowered to do all things necessary in connection with said applications.

James W. Schmidt, Mayor
Attest: Connie Gurtner, Clerk/Treasurer

Committee meetings for April: Colby-Abbotsford Police Commission will meet on April 13, 2009 at 6:00 P.M. at the Colby-Abbotsford Police Department. Re-organization meeting will be held on April 21, 2009 at 6:00 P.M. City Planning Committee will meet immediately following Re-organization.

Closed Session Per State Stats 19.85(1)(e) to Negotiate the Possible Purchase of Property at 101 W Clark Street: Motion was made by Hederer, seconded by Holtzhausen to go into closed session per State Stats 19.85(1)(e). Roll Call Vote: Ayes – Beisner, Schmidt, Raatz, Holtzhausen, Hederer, Hayes, Lange. Absent- Schraufnagel. Motion carried.

Adjourn: Motion was made by Holtzhausen, seconded by Beisner to adjourn in closed session at 8:59 P.M. Motion carried with a voice vote.

Approved _________________ Mayor _________________________
James W Schmidt
Attest _________________________
Connie Gurtner, Clerk


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City of Colby, Clark/Marathon County, Wisconsin
211 W Spence, PO Box 236, Colby, WI 54421
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