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Ellsworth Village Board, June 1, 2009

Wednesday, July 22, 2009 - 7:19am




Pres. DeWolfe called the meeting to order at 7:00 p.m. in the Board Room located in Village Hall.

Members Present: Trustees Dick Hines; Curt Wandmacher; Neil Gulbranson; David Deiss; Rick Sweig and Kenny Manfred.

Staff Present: Clerk; Peggy Nelson, Police Chief; Greg Place and Public Works Director; Greg Engeset

Others Present: Village Attorney; Bob Loberg, Pierce County Herald; Sean Scallon, Hinck's Economart; Steve & Sue Hinck, Building Inspector; Galen Seipel, The Century Saloon; Matthew Schneider, Brad's Corner Liquor; Brad Marx, Pamida; Dan Washburn, West Central Wisconsin Biosolid Facility; Sam Warp & Carl Gaulke

APPROVAL OF MINUTES: MSC Sweig/Manfred to accept minutes of regular meeting 5/4/09 as submitted. Unanimous.

APPROVAL OF BILLS: MSC Gulbranson/Wandmacher to approve payment of vouchers submitted for audit to date. Unanimous. 

#17607, 17632-17718                                              

General fund - $ 48,859.45                          

Water fund -     6,057.06                          

Sewer fund -   178,147.94

CDBG -          261.00

Public Comment on non-agenda items: None

July Board Meeting Date: July 13, 2009, 7:00 p.m.

Resolution #2009-4 Compliance Maintenance Resolution: MSC Wandmacher/Deiss to adopt the annual DNR report for the Wastewater Treatment Plant. Unanimous. 

Galen Seipel; Building Inspector - Uniform Dwelling Code update, mobile home footing inspection requirements, outdoor wood stove inspections:

Galen addressed the board updating them on three changes to the Uniform Dwelling Code that the Village will need to enforce and require inspections:

1. Effective 4/1/09 Solid Fuel-Fired Water-Heating Appliances installed need to be inspected, one or two family dwelling applications will require inspection from the local Building Inspector for compliance with Comm 41.49 and commercial applications from the District 3 State Building Inspector in accordance with Comm 2.04

2. Effective for all new manufactured homes produced after 4/1/07 that are located an inspection is required that they meet the Manufactured Home Installation Standards per Comm 21.40 in regard to anchorage and footing requirements

3. Effective 7/1/09 all contractors and sub-contractors constructing new homes need to be registered with the State Department of Commerce, Galen will check to see that they are registered.

Bio Solid Facility update: Carl Gaulke, Biosolid Board President, addressed the board informing them that he has been in the utility business for 37 years, currently with the City of River Falls.  He is aware of odor complaints coming from the storage area.  Major pieces of equipment have been installed and are in operation with other equipment to be installed by August 1st which should help the odor problem.  They want to be good neighbors.  Trustee Dick Hines questioned what neighboring residents should do until then, noting that they are not shutting the doors; they should make an effort to do what they should be doing, what they agreed to do to help the odor problem.

Delinquent utility bills/collection process: Carl explained the procedure they use in River Falls, they mail disconnection notices, followed by door hangers and then disconnection if payment or a Deferred Payment Agreement is not put in place.  Discussion held with the board in agreement that they support disconnection of service, with an update to the board every 3 months.

Pierce County Project Lifesaver endorsement/funding request: MSC Deiss/Wandmacher that we provide endorsement, no funding in 2009, look at 2010 Budget, request at that time.  Unanimous.


Plan Commission: 5/18/09 Trustee Rick Sweig    

-MSC Sweig/Wandmacher to adopt Ordinance #591 amending Section 46.03 (7)(a)(3)(a) (7)(c)(3) to add the following thereto: "Any such second garage/unattached private garage must resemble the residential structure to-wit, it must have the same type of siding, color, roof type and roof color as the principal residential structure.  Unanimous.

-MSC Wandmacher/Manfred to adopt Resolution #2009-5 Establishing Public Participation Procedures for Comprehensive Plan.  Unanimous.

Street & Sidewalk: 5/18/09 Trustee David Deiss

-MSC Deiss/Manfred to deny an additional payment request from F&K Trucking for

$9,104 for a change order in the contract.  Unanimous.

-MSC Deiss/Sweig to proceed with the special assessment process for replacement of sidewalk and curb & gutter on the east side of N. Grant St. from Main St. to W. Kinne St. and on the south side of W. Kinne St. from N. Grant St. to N. Bay St.  Unanimous.

-MSC Manfred/Gulbranson to amend the Municipal Code to add retaining walls to sidewalk and curb & gutter section for cost sharing replacement 50% by property owner and 50% by Village.  Unanimous.  Repairs to retaining wall at the English Lutheran Church on W. Main St. will be postponed until 2010 and ordinance is updated.

-Retaining wall in front of Summit Park was reviewed with repair of the wall to be done using the park's budget for the wall and sidewalk budget to repair any sidewalk that will need to be removed to make repairs.

Salary & Labor: 5/27/09 Trustee Neil Gulbranson

-MSC Gulbranson/Wandmacher to accept resignation from full-time officer Jessie Peterson. Unanimous. 

-MS Gulbranson/Manfred to give Chief Place the authority to start the hiring process.  Motion carried with Deiss opposed.

Library Board: 5/26/09 Trustee Curt Wandmacher - circulation as of 5/26 4,227, 25 new cards issued. Shelly Anderson and Janet Knudson attended a Long Range Planning Workshop.  All personnel attended an IFLS workshop for Circulation Refresher.  Bench installed in front of Library decorated by EHS Art Students.  Donation recd from Glory and Jim Luebker for audio books and a Pamida Grant for the Summer Reading Program.  Self check-out station is up and running.  Library will be closed July 3rd, next meeting date June 30, 6:30 p.m.

Joint Library Board/Finance, Purchasing, Building: 5/27/09 Trustee Curt Wandmacher - met with John Thompson from IFLS to review how Library monies are handled.  Public money is Village, County and fine monies.  Private money is donations and gifts.  Village writes checks from public money approved by the Library Board for Library expenses.  Village must retain a 3 year average for support of the Library.  Library Board controls private monies.  Village Auditors should be used to audit the Library Investments.

Public Safety: 5/14/09 & 5/21/09 - Trustee Curt Wandmacher

Curt informed the board that the Fire Association and Ambulance is talking about swamping properties, ambulance would take over the old bus garage property and build a shared building between the two services and the Fire Association would take over the current ambulance building.  Cedar Corp. is working on the grant application which is to be done in 3 phases with Phase 1 involving a cost up to $12,000 for preliminary items needed to be done to make application and go from there if grant is approved.   

Health, License, Welfare: 5/12/09 - Trustee Rick Sweig   

MSC Sweig/Deiss to grant a Dance License for 7/1/09-6/30/10 to:

Jasper's Enterprises, LLC - Eastender Bar & Grill, 21 Plus Inc. - Broz Bar, Snowball's Bar Inc., Scottie's Uptown, SDF Services, Inc. - Furlong's Grill & Saloon, The Century Saloon.  Unanimous.

MSC Sweig/Manfred to grant the following license for renewal for 7/1/09-6/30/10 provided all outstanding bills due the Village of Ellsworth by license holder are paid.  Unanimous.

Class "A" Retail: Hinck Foods Inc. - Hinck's Economart, Speedway SuperAmerica LLC #4241, SSG Corp. Holiday, Consolidated Energy Co-op, Erickson Oil Products, Inc. -Freedom Valu Center #79, Pamida

"Class A" Retail: Brad's Corner Liquor

"Class B" Retail: Kinne-Englehart Post 204 The American Legion, Snowball's Bar Inc., 21 Plus Inc. Broz Bar, SDF Services, Inc. Furlong's Bar & Grill, Jasper's Eastender Inc. - Eastender Bar & Grill, Scottie's Uptown, B&M Bar, LLC - Danny Dunn's Pub. Unanimous.

MSC Manfred/Wandmacher to grant a "Class B" Retail license to R&B of Ellsworth, Inc. - The Century Saloon, Matthew Schneider - Agent, to include side letter changing premise description to include a 56x35 ft. area adjacent to the rear of the building to the north on Tuesdays and Wednesdays for a period of May 1st to September 30th, hours of 3:00 p.m. - 9:00 p.m., provide a Certificate of Insurance, no portable shelter, no outside bar service, no transfer to a new owner (stays with current owner), no additional lighting, 6 ft. high snow fence to be put up and taken down each day and for the purpose of bean bag and shuffle board tournaments only.  Unanimous.

-MSC Sweig/Wandmacher to grant a Temporary Class "B" License to Kinne Englehart American Legion Post #204 for the Polka Fest July 9 - 12, 2009. Unanimous.

-MSC Sweig/Manfred to grant a Temporary Class "B" License to the Ellsworth Funsters for a Demo Derby rain date of 8/29-8/30, 2009. Unanimous.

5/26/09 - no action taken on amending Municipal Code Section 11.11 Burning Prohibited.

"Class A" License ordinance amendment - Dan Washburn from Pamida informed the committee that his corporate office informed him that it was all or nothing if they get a "Class A" License, not limited to just wine sales, at this time they are backing out completely due to budget cuts, but may look at in the future.  Steve Hinck requested that the ordinance still be amended and that they be issued a license, restricting to what was discussed at previous meetings, restricting the limit of license issued to 1 per 1500 population and they would work out an agreement with Brad Marx from Brad's Corner Liquor limiting to just wine sales.  Discussion held with a motion made by Sweig seconded by Wandmacher to allow for 1 license per 1500 population with the following stipulations fenced/partitioned off section completely enclosed with a controlled entrance which must be closed during off-sale hours, sign stating must be accompanied by a parent, spouse, or legal guardian if under age 21 to enter, existing "Class A" establishments will be grandfathered in and they will work out an agreement between them.  Opposed Manfred, Hines, Gulbranson, Deiss. 

MSC Sweig/Deiss to issue a "Class B" License to The Century Saloon, Matthew Schneider - Agent, for the period of 7/1/09-6/30/10, to include on premise description the same as 2008 being provide a Certificate of Insurance, no portable shelter, no outside bar service, no transfer to a new owner (stays with current owner), 56x35 ft. area adjacent to the building, no additional lighting, period from May 1 - Sept. 30 on Tuesday and Wednesday nights with hours of 3:00 p.m. to 9:00 p.m., 6 ft. high snow fence to be put up and taken down each day and for the purpose of bean bag and shuffle board tournaments only.  June 1 - June 30 to be added to the current license period of July 1, 2008 - June 30, 2009 and July 1 - Sept. 30 to be added to the renewal license application for July 1, 2009 - June 30, 2010. This to be a part of the premise description for future applications. Police Dept. to be notified if not being used at least 2 hours in advance.  Unanimous.

Reports: Chief of Police: None PWD Engeset:

-Set a joint Water & Sewer and Finance, Purchasing, Building Committee meeting date of June 9th, 5:30 p.m. to meet with Brad Roy from Pierce County Land Management to discuss tower space available for Countywide Wireless Broadband if Federal Stimulus money is available.

-Checking into Panther Services thru the High School which is summer work for high school students for staining the Summit Park sign and other jobs that may be needed along with park clean-up after events.

-Employee badges; pictures are still needed to be taken.

-16 letters have gone out for mowing of lawns on fore closured properties

-Benches located in Summit Park and in front of the Library; thank you should be sent to the High School Art Department

-Letter has been sent to a developer in regard to a zoning violation in a senior housing complex.

-Tuck pointing has been done on the Village Hall building with painting yet to be done, suggested we budget for the Library building in 2010 if we are keeping the building.



MSC Hines/Sweig to adjourn the meeting at 8:52 p.m. Unanimous.

Respectfully submitted: Peggy A. Nelson-Clerk Published July 22, 2009 29 1C