CITY OF RIVER FALLS: 2/26/13 Council Meeting Minutes

COMMON COUNCIL PROCEEDINGS

February 26, 2013

Council President Tom Caflisch called the meeting to order at 6:30 p.m. in the City Council Chambers located in City Hall.

City Council Members Present: Tom Caflisch, David Cronk, Christopher Gagne, Randy Kusilek, Scott Morrissette, Jim Nordgren, David Reese

City Council Members Absent: Mayor Dan Toland

Staff Present: Scot Simpson, City Administrator; Bill Thiel, City Attorney; Julie Bergstrom, Finance Director/Assistant City Administrator; Police Chief Roger Leque; Reid Wronski, Director of Public Works/City Engineer; Karen Bergstrom, Human Resources Director; Caitlin Stene, Management Analyst; Kristy Treichel, Civil Engineer

Others Present: Maranda Mahr; Kris Ainsworth, Genevieve Rugo, George LaFave

The Pledge of Alliance was said.

APPROVAL OF MINUTES:

February 12, 2013, Regular Meeting Minutes

MSC Cronk/Morrissette move to approve minutes as submitted. Unanimous.

January 22, 2013, Workshop Minutes

MS Cronk/Kusilek move to approve minutes as submitted. Morrissette asked about the correct date for the workshop. It was January 22. The minutes were unanimously approved.

APPROVAL OF BILLS:

City Bills $8,739,859.96

MS Morrissette/Cronk to approve bills subject to the comptroller. Morrissette noted there was a large tax settlement included in the bills. The bills were approved unanimously.

PUBLIC COMMENT, PETITIONS, REQUESTS AND COMMUNICATIONS:

Genevieve Rugo asked Council to address her concerns regarding storm water runoff on her property.

PUBLIC HEARING:

Storm Water Permit – 2012 Annual Report - Resolution No. 5680 Authorizing Content of 2012 Annual Report to Discharge Storm Water

Council President Caflisch recessed Council at 6:35 p.m. and went into a public hearing. Kristy Treichel, Civil Engineer, noted Rugo’s issue with storm water was not related to the information she would be providing in this report. She gave a brief report on 2012 stormwater. Treichel covered public education, participation and involvement; illicit discharge detection/ elimination; construction site pollutant control; post construction stormwater management and pollution control. When the presentation was complete, Treichel asked for questions. City Administrator Simpson asked for clarification on what an illicit discharge is. Treichel said it was anything in the system that was not stormwater. She gave an example of a call involving illicit discharge from last year.

At 6:42 p.m. with no one wishing to speak for or against this issue, Council reconvened into Open Session. MSC Cronk/Morrissette to approve resolution. Unanimous.

CONSENT AGENDA:

Acknowledgement of the following minutes:

Fire Department – 12/3/12; Police, Fire, and Ambulance Commission – 1/7/13; Ambulance Commission – 1/7/13; River Falls Housing Authority – 1/8/13; Library Board – 1/7/13; Park and Recreation Advisory Board – 1/16/13; Utility Advisory Board – 1/21/13 -- Pulled by Morrissette; POWERful Choices! – 1/10/13

Resolution No. 5681 - Approving HIPAA Privacy and Security Policies

Resolution No. 5682 - Regarding ICMA 457 Compensation Plan

Resolution No. 5683 - Approving City Hall Display Policy and Art Hanging System

Resolution No. 5684 - Regarding 2013 City Fee Schedule

Resolution Requesting City Assistance with the River Falls Chamber of Commerce and Tourism Bureau’s 2013 Community Events -- Pulled by Morrissette/Gagne

Resolution Requesting City Assistance and Street Closures to Facilitate the Restorative Justice All Vehicles and Fun Show Scheduled September 21, 2013 -- Pulled by Gagne

MSC Morrissette/Kusilek to approve the remainder of the Consent Agenda. Unanimous.

Utility Advisory Board Minutes from 1/21/13

Morrissette asked for clarification on POWERful Choices! funding. Simpson said there were several sources of funding for the program including from the wholesale power provider, and he gave a brief explanation. Motion by Morrissette to approve minutes. Simpson noted the five year review of the program was available on the website. The minutes were unanimously approved.

Resolution No. 5685 - Requesting City Assistance with the River Falls Chamber of Commerce and Tourism Bureau’s 2013 Community Events

Alderperson Morrissette said he would abstain from any discussion or voting on this item due to his position as Chair for the Board of Directors for the River Falls Chamber of Commerce.

Alderperson Gagne was in favor of the events and efforts the Chamber makes for tourism in the community, but he has received phone calls regarding the shutdown of the streets and alcohol with these events. He gave an example of beer being spilled on a child. He noted the Police Department’s stance on the alcohol. He doesn’t feel that alcohol should be allowed from 1-6 p.m. on the streets. Caflisch asked if Gagne was talking about all six requests. Gagne said yes. Gagne also asked for clarification on the street closings for the events.

MS Kusilek/Cronk move to approve resolution. Caflisch invited the Chamber representative to make comments.

Kris Ainsworth, Interim Chamber Chair, thanked Gagne for his input. She said a survey was sent to all downtown businesses with 25 responses received and only two were negative on alcohol. She has also received positive feedback. She cannot find any negative documentation with this. Reese asked what the Chamber sees as a benefit regarding alcohol. Ainsworth talked about restaurants and bars supporting it. Reese asked if this was a revenue producer for the bars. There was more discussion about the open container request. Gagne felt he would be more inclined to approve the event if there was a way to contain the alcohol. He talked further about complaints he has received.

Cronk clarified the open container request. He was concerned about the Riverdazzle event due to the number of children. He is in favor of the Chamber sponsoring events to get people in town. Caflisch asked Gagne if he wanted to make an amendment.

Gagne moved to amend the resolution to exclude southbound lane of traffic for all events and the bed race. Due to a lack of a second, the motion died. Caflisch asked for further discussion. With no further discussion, he asked for the vote. The resolution was approved.

Resolution No. 5686 - Requesting City Assistance and Street Closures to Facilitate the Restorative Justice All Vehicles and Fun Show Scheduled September 21, 2013

Gagne said his concerns with this event were similar to the previous request especially regarding the street closures. Caflisch asked for a motion.

MS Morrissette/Kusilek move to approve resolution. Caflisch asked for discussion. Gagne said he was in favor of the event and the work by Restorative Justice.

Gagne moved to amend the resolution to exclude southbound traffic for this event. Attorney Thiel asked for a point of clarification regarding the street closures. He asked if Gagne was referring to southbound Main Street only. Gagne said yes. Caflisch asked for a second. Due to a lack of a second, the motion died. Caflisch asked for any other discussion. Reese asked for clarification about the rain date.

George LaFave, chair of the car show, explained the weather is followed closely. If the show is cancelled due to rain, it would be done 24 hours in advance.

Morrissette asked Chief Leque asked about staffing for the event. The Chief said the staffing would mostly be Reserve Officers. Reese talked about putting a limit on the number of events included street closures.

With no further discussion, Caflisch asked for a vote on the resolution. It passed unanimously.

ORDINANCES AND RESOLUTIONS:

Resolution No. 5687 - Authorizing Professional Services for Ninth Street Sewer and Water Reconstruction Project

Director of Public Works/City Engineer Wronski was available for questions. MS Morrissette/Gagne move to approve resolution. Caflisch asked for discussion. Kusilek asked about the project being moved up. Simpson said the project was moved up from 2015/16 due to the water main breaks and also the good financial climate which allows the City to fund it this year. The roll call vote passed unanimously 7-0.

REPORTS:

Pavement Management Report

Director of Public Works/City Engineer Wronski gave a presentation on pavement management. He discussed pavement assets and their value; the types of maintenance; annual maintenance budgets and the condition of the City’s assets. When the presentation was completed, Wronski asked for questions. Kusilek asked about the type of underlay and also if the City does its own pavement evaluation. Wronski talked about the type of underlay and said the City does its own pavement management. Morrissette asked about Ninth Street and the timeline. There was discussion about the project. There was discussion about Cascade Avenue and its lifespan. Wronski said the traffic volume affects the lifespan of streets. Reese asked about a sidewalk management plan. Wronski said the plan was to replace 40 percent of the sidewalks in seven years. Sidewalks are replaced due to defect and not cosmetic reasons.

Administrator’s Report

No comment.

Comptroller’s Report for January 2013

Comptroller Reese read the following: General Fund revenues through the end of January were $367,426 and include the January property tax settlement and first quarter transportation aids. Expenditures for the same period were $560,403 or seven percent of budgeted for a net of expenditures over revenues of $192,977.

ANNOUNCEMENTS:

Appointment of Council Members to the Legal Services RFQ Interview Panel

President Caflisch opened the floor for nominations. Reese asked about the makeup of the interview panel. Simpson said two Council members, the City Clerk, the Management Analyst and himself.

Morrissette/Kusilek nominated Mr. Caflisch and Mr. Reese. There were no other nominations. President Caflisch asked for a vote on the nominations. The nominations were approved.

CLOSED SESSION:

MS Morrissette/Cronk move to recess at 7:42 p.m. into Closed Session per Wisconsin State Statutes § 19.85 (1)(e) and (g) for the following purposes:

“Deliberating or negotiating the purchase of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session; to-wit: collective bargaining – River Falls Baseball Council Request for Loan Guarantee” and “conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to be become involved; to-wit: Timberwood.”

The roll call vote to recess into Closed Session was unanimous. City Attorney Thiel asked if Attorney Nicholas Hennemann could be present for Closed Session. The Council approved his request.

Discussion had on topics Closed Session.

MSC Morrissette/Cronk to move into Open Session. Unanimous.

MSC Morrissette/Cronk to authorize City Administrator Simpson and City Attorney Thiel to negotiate the terms of a modification of the current lease with River Falls Baseball Council and to execute a guarantee in favor of the First National Bank in an amount not to exceed $300,000 on terms that are favorable to the City, subject to approval of the Common Council to assist in financing of baseball stadium. Unanimous.

Motion by Cronk to adjourn meeting.

Respectfully submitted,

Kristi McKahan, Deputy City Clerk

(Pub. 03/20/13) WNAXLP

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