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Ellsworth Board Proceedings, June 2, 2008

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VILLAGE OF ELLSWORTH, WISCONSIN

BOARD PROCEEDINGS June 2, 2008

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

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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, Jason Marks, Scott Myers, Collette Larson, John and Kris Jones, Joan and Jerry Forss, Darren Place and Brad Marx

APPROVAL OF MINUTES:

MSC Wandmacher/Gulbranson to accept minutes of regular meeting 5/5/08 as submitted. Unanimous.

APPROVAL OF BILLS:

MSC Sweig/Manfred to approve payment of vouchers submitted for audit to date. Unanimous.

#15685, 15708, 15728, 15731-15791

General fund- $ 110,383.99

Water fund - 9,839.48

Sewer fund - 197,760.70

CDBG - 192.50

Public Comment on non-agenda items:

Jason Marks addressed the board with a recommendation that they look at village squad cars patrolling, running radar outside village limits, he has a log book which indicates that on May 19th at 2:15 a.m. a village squad car was running radar parked in the Pierce Pepin parking lot, in checking with the Pierce County Sheriff's Dept. no complaint was on file for mutual aid and on this past Friday afternoon a village squad drove past his business in East Ellsworth 17 times in a one hour period with Joan Forss informing the board that she called in a complaint on May 29th as she had recd 2 phone calls at home informing her that the village squad car had drove by her business 8 times in a 1 hour period, both questioning why this is happening which is also intimidating to patrons. Jason commented that with high gas prices, levy limits, budget cuts the village board should look at one squad patrolling town as county squad cars are also in the village, which would save the village money by not having so many patrols. Trustee Dave Deiss stated that he has been very vocal and adamant that he wants to see squad cars out patrolling in the community, more visible, we want them out there on the streets, in all fairness to officers they are responding to the board's wishes. Jason brought up discussion on village staff versus county staff noting that the village has too many officers and the county not enough officers. Scott Myers who was in attendance stated he works for the Red Wing Fire Dept. and interfaces with Pierce County and agreed that they are short staffed, but he is glad to see village squads patrolling the community and in his neighborhood due to a series of break-in's that has taken place in his neighborhood.

July Board Meeting Date:

July 14, 2008, 7:00 p.m.

Resolution #2008-1 Compliance Maintenance Resolution:

MSC Sweig/Wandmacher to adopt which is an annual DNR report for the Wastewater Treatment Plant. Unanimous.

Scott Myers, 181 N. Ida St., Conditional Use Permit renewal for a second garage:

MSC Wandmacher/Sweig to renew indefinitely to go with the property. Unanimous.

Darren Place - Pierce County ATV Association request and possible action on routes within the Village:

Darren addressed the board with a request that they adopt an ordinance, presenting a model ordinance for board review, to allow for an ATV route within the Village limits. The association has 2-year agreements with 3 townships being Ellsworth, Trimbelle and Spring Lake, routes that the association marks, maintains and enforces noting that 16 in their association are licensed to patrol the routes. They hope to establish routes thru-out the County in the same fashion as the snowmobile trails. They are looking for a route to connect Trimbelle Township on Crosstown Rd by the old poor farm property to the village limits which would allow for travel on Crosstown Rd to Railroad Ave. into the East Ellsworth business district mainly for gas supply at Cenex, where the route would end. The association feels that this would bring additional revenue to other businesses. They are open to suggestions on how to get into the west end business district. Trustee Gulbranson questioned how the association has dealt with land owners and noise issues, Place responded that state law forbids ATV's operating at higher than 96 decibels of sound and that they will work with any landowner if any type of issue should arise. Place informed the board that state law allows only to cross state highways and not ride on them, most operators do not like riding on roads, they like the scenery of the countryside and will be working with land owners to establish riding trails. Trustee Sweig commented that in talking with a town board member, ATV's were already making impacts on roads from the tire marks, with PWD Greg Engeset also expressing concern on the street impact from ATV's. The board agreed to study the ordinance and have Village Attorney Bob Loberg review, and take up at the July 14th board meeting, an agenda item. Jason Marks told the board that they need to remember that they allow snowmobile routes within the village so they should not discriminate against ATV's.

COMMITTEE REPORTS/RECOMMENDATIONS:

Plan Commission:

5/19/08 Trustee Curt Wandmacher

-Granted a Conditional Use Permit to David Deiss, 286 E. Summmit Ave., for a second garage where the dwelling already has an attached garage.

-Heard a proposal for the Cove Development off Bio Ave. from Roger Humphrey, Humphrey Engineering, on behalf of Preferred Builders, Inc., to rezone the area to the south of the mini-storage units to Light Industrial where the mobile home park was shown and move the mobile home park area to the north of the storage units, after discussion Plan Commission members made a motion to reject the mobile home park proposal, no trailer park and that they will look for further information as it becomes available on the proposed industrial park land.

Library Board:

5/27/08 Trustee Curt Wandmacher - May circulation 8,135, 11 new cards issued, Summer Reading Program "Catch the Reading Bug" June 25 - July 23, 1 p.m. on Wednesdays.

Salary & Labor:

6/2/08 Trustee Neil Gulbranson - MSC Gulbranson/Hines to give Chief Place the authority to hire Kyle Knotz and Adam Olson for part-time Police Officer positions. Unanimous. MSC Gulbranson/Sweig to accept resignation from part-time Police Officer Aaron Achterberg. Unanimous.

Health, License, Welfare:

5/21/08 - Trustee Dick Hines

MSC Wandmacher/Deiss to approve a request from Jason Marks, Broz Bar, for a date and time change for an outdoor concert from May 10-11, 2008, 4:00 p.m. - 1:00 a.m. to June 7-8, 3:00 p.m. - 1:00 a.m. with no music to start before 5:15 p.m. Unanimous.

MSC Sweig/Wandmacher to grant the following license for renewal for 7/1/08-6/30/09 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, Bobby Lee's Inc.

Class "B" Retail: Old Town Carbones LLC

"Class C" Retail: Old Town Carbones, LLC

MSC Gulbranson/Manfred to grant a "Class B" Retail license to B&M Bar, LLC - Danny Dunn's Pub, Krista Melstrom - Agent. 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 Hines/Deiss to grant the following Dance License for renewal for 7/1/08-6/30/09. Unanimous.

Dance License: 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

MSC Gulbranson/Wandmacher to grant a Temporary Class "B" License to the Ellsworth Funsters for the Polka Fest July 10 - 14, 2008 and the Demo Derby rain date of August 22 - 25, 2008. Unanimous.

"Class A" License quota ordinance - MSC Wandmacher/Gulbranson to leave ordinance in place allowing the issuance of 1 license for every 2000 population. Trustee Rick Sweig told the board that he is disappointed as he feels it should be changed with restrictions put in place, Trustee David Deiss agreed. Motion carried with Deiss and Sweig opposed.

Ordinance #585 amendment to Section 12.06 Alcohol Beverages - wording/quotation mark clean-up:

MSC Hines/Gulbranson to adopt. Unanimous.

Cemetery:

5/12/08 Trustee Kenny Manfred - MSC Hines/Deiss to award low bid for mowing of Maple Grove Cemetery to Lawn Works Lawn Care of River Falls for $225 per mowing. Unanimous. PWD Engeset reported that they mowed once and quit, so he has gone with the second bid of Matthew Schneider for $295 per mowing.

Reports:

Chief of Police:

None

PWD Engeset:

-DNR has approved wellhouse pumping equipment plans which will go out for bids.

-Advised that the D.O.T. has installed crosswalk signs on Hwy 65

-D.O.T. will be doing a traffic/speed study on Hwy 65 to see if the speed limit should be changed.

-Requested that the board look at amending the ordinance on the height of grass and weeds before a notice is sent out, currently it reads 1 ft. which he feels is too high.

OLD BUSINESS:

None

NEW BUSINESS:

-Finance, Purchasing, Buildings Committee meeting set for June 17th, 5:30 P.M. to meet with auditor to review/discuss 2007 audit and Financial Statements.

-Parks, Recreation, Development Committee meeting set for June 5th, 5:30 p.m. to meet with Pam Pazdernik to address a "Community Garden" to be constructed by the Master Gardeners Association.

-Salary & Labor Committee meeting set for June 5th, 5:00 p.m. to address Police Union Grievance #08-21.

MSC Hines/Deiss to adjourn the meeting at 8:17 p.m. Unanimous.

Respectfully submitted:

Peggy A. Nelson-Clerk

30C

WNAXLP

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