Monday, August 03rd

The Common Council met at City Hall in the City of Black River Falls on January 7, 2020 at 6:00 P.M. Alderpersons Busse, Gearing-Lancaster, Brown, Ammann, J. Rave Sr., and M. Rave were present. Alderperson Olson and Alderperson Ross were excused. Mayor J. Eddy presided.
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It was moved by Alderperson J. Rave, seconded by Alderperson Ammann to dispense with the reading of the minutes of the December 3, 2019 Common Council meeting. Motion carried.
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CITIZENS IN ATTENDANCE
There were 10 citizens in attendance for agenda items.
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COMMITTEE REPORTS
It was moved by Alderperson Busse, seconded by Alderperson Gearing-Lancaster to approve the minutes of the December 18, 2019 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 December 18, 2019 at 6:00 P.M. Alderpersons Olson, Busse, Gearing-Lancaster, Ross, Brown, Ammann, J. Rave, and M. Rave were present. Mayor Jay Eddy presided.
1. Mayor Eddy called the Committee of the Whole to order at 6:00pm.
2. There were no citizens in attendance.
3. The Department Head monthly reports were reviewed. Department heads present were Cara Hart, Steve Schreiber, Jody Stoker, Greg Rush, Jeremy Isensee, and Steve Peterson. Department head Brad Chown was excused.
4. The Fire Chief added to his report that one red bulb has been added to the wreath for a structure fire.
5. The EMS Director advised there is a $15,000 addition to the capital budget for the 2014 International Ambulance due to existing air suspension failing; total capital budget is $70,000.
6. It was moved by Alderperson M. Rave, seconded by Alderperson Brown to approve the EMS 2020 capital
budget revision. Motion carried.
7. The City Administrator submitted an addition to his report outlining 2019 major facility expenses for City Hall totaling $43,695.84 and a potential need to revise the Recreation Equipment ordinance to address parking or storing campers in commercial districts and using campers as a dwelling.
8. It was moved by Alderperson Ross, seconded by Alderperson M. Rave to approve the vouchers for November 2019 check #66330 - #66453 totaling $1,495,420.95. Motion carried.
9. It was moved by Alderperson Olson, seconded by Alderperson J. Rave to approve the City Treasurer’s Report for November 2019. Motion carried.
10. It was moved by Alderperson Ross, seconded by Alderperson Gearing-Lancaster to approve the Revenue and Expense reports for November 2019. Motion carried.
11. It was moved by Alderperson Olson, seconded by Alderperson Ammann to adjourn. Motion carried at 6:18 pm.


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It was moved by Alderperson Gearing-Lancaster, seconded by Alderperson J. Rave to place on file the minutes of the December 30, 2019 Utility Commission meeting. Motion Carried.
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It was moved by Alderperson Ammann, seconded by Alderperson Brown to approve the Police Department’s request to replace computers using Tech Pros with cost not to exceed $15,190.00. Motion carried.
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It was moved by Alderperson Busse, seconded by Alderperson M. Rave to approve filling the full-time Emergency Medical Technician position. Motion carried.
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It was moved by Alderperson Ammann, seconded by Alderperson M. Rave to approve the Street Department union contract for 2020. Motion carried.
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It was moved by Alderperson M. Rave, seconded by Alderperson Brown to approve Application for Payment #5 from A-1 Excavating for Andrews Road/McKinley Street project in the amount of $54,711.00 using TID No. 3 funds. Motion carried.
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It was moved by Alderperson Ammann, seconded by Alderperson Busse to approve the application for a Pawn Broker License from Nick’s Pawn Shop located at 26 N. Water Street. Motion carried.
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It was moved by Alderperson M. Rave, seconded by Alderperson Gearing-Lancaster to approve the applications for a Liquor Operator’s License from Andrea J. Danielson, Jenel M. Berkowitch, Cody W. Stenroos, and Nicole H. Pogany. Motion carried.
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It was moved by Alderperson Ammann, seconded by Alderperson Brown to approve the Mutual Termination of Cost Sharing Agreement between Jackson County and the City of Black River Falls regarding the Jackson County Animal Shelter. Motion carried.
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It was moved by Alderperson Gearing-Lancaster, seconded by Alderperson M. Rave to approve RESOLUTION 2020-01 – a resolution renaming a portion of East Lincoln Street to South McKinley Street. Motion Carried.
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CITY OF BLACK RIVER FALLS RESOLUTION 2020-01 A RESOLUTION RENAMING A PORTION OF EAST LINCOLN STREET TO SOUTH MCKINLEY STREET
The Common Council of the City of Black River Falls, Jackson County, WI, does resolve as follows: WHEREAS, the City Council of the City of Black River Falls has determined that a need exists to change the name of portion of East Lincoln Street to South McKinley Street for clarity purposes and to make it easier for local emergency services to locate such street; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL FOR THE CITY OF BLACK RIVER FALLS, WISCONSIN:
1. That portion of the City Street commonly known as East Lincoln Street which runs east and west and which lies south of the existing Wal-Mart building and lying west of Andrews Road and being created within and found entirely in Tax Parcel Number 206-2210.0035 is hereby changed to and shall be known as “SOUTH MCKINLEY STREET”. This Resolution does NOT change any portion of East Lincoln Street as originally platted.
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ORDINANCE # 846 – An ordinance repealing and recreating Section 7.20(1) and Section 7.20(5) of the Code of Ordinances for the City of Black River Falls related to ATV/UTV routes in the City was presented.
1st Reading. There was a lengthy discussion related to revising authorized ATV/UTV routes. Several citizens in attendance spoke in opposition to authorizing ATV/UTV traffic on Winnebago Avenue citing concerns including speed, noise level, burden of enforcement, homes being close to the street creating safety issues, heavy traffic on this street including semis, no sidewalks, peace and tranquility of the area would be compromised, low profile vehicles difficult to see. No citizens in attendance spoke in favor of a route on Winnebago Avenue. No citizens in attendance were opposed to the route on South McKinley Street. The ordinance will be amended to remove Winnebago Avenue as an authorized route and brought back to Council for consideration.
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ORDINANCE #847 – An ordinance amending the code of ordinances of the City of Black River Falls by repealing and recreating Section 10.06(6) related to storage of recreation equipment and use of campers as dwellings was presented – 1st Reading.
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It was moved by Alderperson Ammann, seconded by Alderperson Brown to approve ORDINANCE #848 – An ordinance amending the Code of Ordinances of the City of Black River Falls by repealing and recreating Section 14.04, Section 14.05(2)(b), Section 14.06, Section 14.08, Section 14.20, and repealing Section 14.05(2)(c) and creating Section 14.17. Motion carried.
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CITY OF BLACK RIVER FALLS ORDINANCE NO. 848 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BLACK RIVER FALLS, JACKSON COUNTY, WISCONSIN BY REPEALING AND RECREATING SECTION 14.04, SECTION 14.05(2)(b), SECTION 14.06, SECTION 14.08, SECTION 14.20 AND REPEALING SECTION 14.05(2)(c) AND
CREATING SECTION 14.17
The Common Council of the City of Black River Falls, Jackson County, Wisconsin, do ordain as follows:
1. Section 14.04 of the Code of Ordinances of the City of Black River Falls is repealed and recreated to read as follows: The following Chapters of the Wisconsin Administrative Code, as well as all subsequent revisions, are adopted by the Municipality and shall be enforced by the Building Inspector.
Ch. SPS 302.31 Plan Review Fee Schedule
Ch. SPS 305 Credentials
Ch. SPS 314 General Hazards and Fire Prevention
Ch. SPS 316 Electrical Code
Chs. SPS 320-325 Uniform Dwelling Code
Ch. SPS 327 Campgrounds
Ch. SPS 328 Smoke Detectors
Chs. SPS 361-366 Commercial Building Code
Chs. SPS 375-379 Buildings Constructed Prior to 1914
Chs. SPS 381-387 Uniform Plumbing Code
2. Section 14.05(2)(b) of the Code of Ordinances of the City of Black River Falls is repealed and recreated to read as follows:
b) The Building Inspector shall be certified by the Department of Safety and Professional Services (DSPS) in all required categories in Wis. Adm. Code SPS 305.61-305.635.
3. Section 14.05(2)(c) of the Code of Ordinances of the City of Black River Falls is repealed.
4. Section 14.06 of the Code of Ordinances of the City of Black River Falls is repealed and recreated to read as follows:
BUILDING PERMITS AND INSPECTION. (1) PERMIT REQUIRED. No owner or contractor may commence construction of any building or mechanical system prior to obtaining a valid
permit from the Municipal Building Inspector. The construction which shall require a building permit includes, but is not limited to:
a) New 1 & 2 family and Commercial building including agricultural buildings, detached structures (decks), and detached accessory buildings.
b) Additions which increase the physical dimensions of a building including decks.
c) Alterations to the building structure, cost shall include market labor value, or alterations to the building’s heating, electrical, or plumbing systems.
d) Modifications of major building equipment including furnaces and central air conditioners, water heaters, and any other major piece of equipment shall require a permit except as in the case of replacement or repair with like equipment.
e) Any electrical wiring for new construction or remodeling.
f) Any HVAC for new construction or remodeling.
g) Any plumbing for new construction or remodeling.
h) Any new or re-wired electrical service, including services for agricultural buildings.
(2) SUBMISSION OF PLANS. Two sets of building plans shall be submitted to the Building Inspector. If a new building or building addition is proposed, a plot plan showing such proposed work and existing buildings and property lines shall be submitted.
(3) ISSUANCE OF PERMIT. The Building Inspector shall issue the requested permit after all State, County and local submission requirements are satisfied. If a permit card is issued, it shall be posted at the job site in a visible location. Permits are valid for 2 years.
(4) OCCUPANCY PERMIT. If no non-compliances are found by the Building Inspector, the Inspector shall issue an occupancy permit. If minor non-compliances other than health or safety items are in existence, the Inspector may issue a temporary occupancy permit for a specified term. Occupancy may not be taken until an occupancy permit is issued.
(5) EXTERIOR FINISH REQUIRED. All buildings shall have a weather--resistant, uniform and neighborhood-compatible exterior finish. Tarpaper or similar material is not
acceptable.
(6) MAINTENANCE OF BUILDINGS AND YARDS. All buildings shall be maintained so that they do not lose value or become non-complying with applicable codes. Yards shall be kept free of weeds and trash.
(7) INSPECTION OF WORK. The permittee or an authorized representative shall, in writing or orally, request inspections by the Building Inspector at appropriate times required for the enforcement of this code. The Inspector shall perform the requested inspection within 48 hours after notification, except the final inspection. Construction may not proceed beyond the point of inspection until the inspection has been completed, except if inspection has not taken place within 48 hours of notification, excluding Saturdays, Sundays and holidays, unless otherwise agreed upon between the permittee and the Inspector.
(8) PERMIT LAPSES. A building permit shall lapse and be void unless building operations are commenced within 6 months, or no significant progress has been made within 2 construction seasons, from the date of issuance thereof. In any event, all permits shall lapse 2 years from the date of issuance.
(9) STOP WORK ORDER. If the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with, and that the holder of the permit refused to conform after written warning or instruction has been issued to him, he/she shall revoke the building, electrical or plumbing permit by written notice posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work thereunder until the permit is reissued, except such work as the Building, Electrical or Plumbing Inspector may order to be done as a condition precedent to the re-issuance of the permit or as he/she may require for the preservation of human life and safety.
(10)EROSION CONTROL PERMIT REQUIRED. See ch. 17 of this Code.
(11) REPORT OF VIOLATIONS. The police or other City officers shall report at once to the Building Inspector any construction which is being carried on without a permit as required by this chapter.
5. Section 14.08 of the Code of Ordinances of the City of Black River Falls is repealed and recreated to read as follows:
RESIDENTIAL GARAGES. Residential attached garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code. Residential garages shall be located in accordance with Chapter 17 of this Code and not less than 10 feet from any other building on the same premises when not a part of the building. Whenever a garage is constructed as part of any building, the ceiling and the walls or wall separating the garage from other portions of the building shall be of not less than 45-minute fire-resistive construction as specified in Wis. Adm. Code SPS 321.08.
6. Section 14.20 of the Code of Ordinances of the City of Black River Falls is repealed and recreated to read as follows:
VIOLATIONS AND PENALTIES. (1) Prohibition. No person, entity, or firm may construct, remodel, demolish, or repair any building in a manner which violates any provision or provisions of this ordinance.
(2) Every person, firm, or entity which violates this code shall, upon conviction, forfeit not less than $25.00 nor more than $1,000.00 for each day of non-compliance, together with the costs of prosecution.
(3) Violations discovered by the Building Inspector shall be corrected within 30 days, or more if allowed by the Inspector, after written notice is given. Violations involving life safety issues shall be corrected in a reasonable time frame established by the Building Inspector.
(4) Compliance with the requirements of this ordinance is necessary to promote the safety, health, and well-being of the community and the owners, occupants, and frequenters of buildings. Therefore, violations of this ordinance shall constitute a public nuisance that may be enjoined in a civil action.
(5) Any building or structure hereafter erected, enlarged, altered, repaired or moved, or any use hereafter established, in violation of the provisions of this chapter, shall be deemed an unlawful building, structure or use.
(6) The Building Inspector shall promptly report all such violations to the City Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use, or to cause such building, structure or use to be removed and may also be subject to a penalty as provided in sec. 25.04 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector constitute a defense.
(7) Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
7. Section 14.17 of the Code of Ordinances of the City of Black River Falls is hereby created to read as follows:
1) Certified Municipality. The City has adopted the Certified Municipality Status as described in SPS 361.60 of the Wisconsin Administrative Code.
a) Responsibilities. The City shall assume the following responsibilities for the Department of Safety and Professional Services (Department):
1.Provide inspection of commercial buildings with certified commercial building inspectors.
2.Provide plan examination of commercial buildings with certified commercial building inspectors.
b) Plan Examination. Drawings, specifications, and calculations for all the types of buildings and structures, except state-owned buildings and structures, to be constructed within the limits of the municipality shall be submitted, if the plans are for any of the following:
1.A new building or structure containing less than 50,000 cubic feet of total volume.
2.An addition to a building or structure where the area of the addition results in the entire building or structure containing less than 50,000 cubic feet of total volume.
3.An addition containing no more than 2,500 square feet of total floor area and no more than one floor level, provided the largest roof span does not exceed 18 feet and the exterior wall height does not exceed 12 feet.
4.An alteration of a space involving less than 100,000 cubic feet of total volume.
5.A certified municipality may waive its jurisdiction for the plan review of a specific project or types of projects, or components thereof, in which case plans and specifications shall be submitted to the Department for review and approval.
6.The Department may waive its jurisdiction for the plan review of a specific project, where agreed to by a certified municipality, in which case plans and specifications shall be submitted to the certified municipality for review and approval.
c) Plan Submission Procedures. All commercial buildings, structures, and alterations, including new buildings and additions less than 25,000 cubic feet, require plan submission as follows:
1.Building permit application
2.Application for review - SBD-118
a. Fees per Table SPS 302.31-2 and SPS 302.31
b. Fees apply to all commercial projects
3.Four sets of plans
a. Signed and sealed per SPS 361.31
b. One set of specifications
c. Component and system plans
d. Calculations showing code compliance
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ORDINANCE #849 – An Ordinance Amending the Code of Ordinances of the City of Black River Falls by Repealing and Recreating Section 16.01(1) and Section 16.04(3) Related to Adoption of National Electrical Code and Issuance of Permits was presented – 1st Reading.
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There was discussion on the proposed Public Safety Building. The City Administrator shared financial data related to the capital budget and debt service that would cover the cost of new construction without having to increase property taxes. The Council was presented with different options and courses of action they could pursue with the available funds. There were no concerns raised in regards to the projected $8.5 million cost and there was consensus to continue moving forward with this project and explore other potential building sites.
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The Council discussed commission and other potential closing costs related to the sale of lots in Lallapalooza. There was a consensus that the City would be responsible for closing costs customarily covered by the seller, but any other costs would be the responsibility of the buyer.
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A letter from the Skyline Golf Course related to the legacy fund was presented to Council. No action was taken.
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It was moved by Alderperson M. Rave, seconded by Alderperson Brown to convene in to closed session for the purpose of deliberating the purchasing of public properties related to an offer to purchase vacant land in the Lallapalooza Estates where competitive or bargaining reasons require a closed session which is authorized
under section 19.85(1)(e) of the Wisconsin Statutes. Motion carried at 7:27pm.
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Mayor Eddy announced to those present that the Common Council was back in open session at 8:00pm.
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It was moved by Alderperson Ammann, seconded by Alderperson J. Rave to authorize the City Attorney and the City Administrator to counter the offer to purchase land in the Lallapalooza Estates as discussed in closed session. Motion carried.
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It was moved by Alderperson Ammann, seconded by Alderperson Gearing-Lancaster to authorize the City Attorney and the City Administrator to bargain on City owned lots in Lallapalooza Estates as discussed in closed session. Motion carried.
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It was moved by Alderperson M. Rave, seconded by Alderperson J. Rave to adjourn. Motion Carried at 8:04pm.
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A. Brad Chown
City Administrator