Sunday, January 21st

The Common Council met at City Hall in the City of Black River Falls on December 20, 2017 at 6:00 P.M. Alderpersons Redbird, Colloton Chrest, Rave, Olson, Busse, Gearing-Lancaster, and Ross were present. Mayor Jay Eddy presided.
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It was moved by Alderperson Olson seconded by Alderperson Ross to dispense with the reading of the minutes of the December 5, 2017 Common Council meeting and approve as presented. Motion carried.
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CITIZENS IN ATTENDANCE
There were 3 citizen in attendance. Two were here for an agenda item, and Brady Palmer asked for the opportunity to address the process associated with the recent inspection at the E&F Motel. Mayor Eddy requested Brady submit his request in writing so we can accurately list the topic on an upcoming agenda.
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DEPARTMENT REPORTS
The Department Head monthly reports were reviewed. Department heads present were Todd Gomer, Kelly Bakken, Steve Peterson, Tammy Peasley, Steve Schreiber, Jody Stoker, and Brad Chown.
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The City Administrator informed the Council that Patrol Officer Jeremy James is on paid administrative leave. This is not disciplinary action, rather an opportunity for the city to investigate the situation further and to afford Officer James the time to look in to the situation further without the distraction of having to come to work every day. Further details cannot be provided due to the matter being under investigation. Officer James is the department’s K9 Handler so the department’s canine, Mattis, is being cared for by a professional. The intent is to preserve the K9 program, and the hope is to have the K9 unit available to the community again as soon as possible.


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Police Chief Kelly Bakken highlighted fundraiser results and donations received for the K9 program. Chief Bakken also outlined the need to replace the 2012 squad and her recommendation to purchase a 2018 Ford Explorer Police Interceptor.
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It was moved by Alderperson Olson, seconded by Alderperson Gearing-Lancaster to authorize the Police Department’s purchase of a 2018 Ford Explorer Police Interceptor from Osseo Ford for $29,554.00. Total cost for the new squad after trade in or sale of 2012 Chevrolet Tahoe and installation of new equipment as presented not to exceed $26,500.00. Motion carried.
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Parks & Recreation Director Steve Peterson provided information on drainage issues in and around the community garden and the FFA food plot. Ron Gasoske and Brad Markhardt also spoke on the history of the area and how development of the soccer fields, homes, etc. and sediment build up in the drainage ditch have increased the amount of water affecting the gardens an even the Lunda Community Park. Mr. Gasoske stated no one was able to garden in the community garden this year due to the standing water. Mr. Markhardt estimates 80 students use the FFA plot on an annual basis. Director Peterson will continue to work with the groups involved to look in to the problem and develop possible solutions.
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EMS Division Chief Jody Stoker had the new ambulance at City Hall before the meeting for Council members to get a look at the new vehicle and the power load system. Chief Stoker requested authorization to install a Stryker Power Load System in the 2014 ambulance to reduce the risk of back injuries.
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It was moved by Alderperson Redbird, seconded by Alderperson Busse to authorize EMS to purchase a Stryker Power Load System for the 2014 International ambulance for $24,528.00 with $4,200.00 to be paid in 2018 an the balance paid in 2019 utilizing 0% financing through Stryker. Motion carried.
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Street Superintendent Todd Gomer thanked Brad Markhardt and the FFA group for planning to pick up Christmas trees curbside again this year which is planned for January 4 th .
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ORDINANCE #840 – An ordinance repealing and recreating Section 17.23(9) of the Code of Ordinances for the City of Black River Falls was presented. This was the 1 st reading.
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1It was moved by Alderperson Olson, seconded by Alderperson Ross to approve RESOLUTION 2017-17
– A resolution terminating certain easement rights previously held by the City of Black River Falls. Motion carried.
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RESOLUTION NO. 2017-17
A Resolution Terminating Certain Easement Rights Previously Held by the City of Black River Falls
WHEREAS, the City of Black River Falls ostensibly received easement rights pertaining to Lot 2 of Jackson County Certified Survey Map No. 1366, located in Section 11, Township Twenty-one North, Range 4 West, Town of Adams (now City of Black River Falls) Jackson County, Wisconsin; said unrecorded Easement Agreement was executed on March 18, 2011 by the then owner of said parcel, Warren Johnson on behalf of Johnson’s Pines, Inc. and William Arndt on behalf of the City of Black River Falls; and
WHEREAS, the subject property has been subject to a bankruptcy filing and was later sold to Dalton P. Sweet as part of the consequences of said bankruptcy; title documents apparently did not include notice of said Easement Agreement, as it had not been recorded; and
WHEREAS, the purchaser of said parcel, Dalton P. Sweet, wishes to develop the lands privately and further wishes to clarify that the City probably has no legal standing to further the rights granted to the City by said Easement Agreement;

NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BLACK RIVER
FALLS, WISCONSIN AS FOLLOWS:

1.The City of Black River Falls, Wisconsin no longer intends to use the property rights as granted by said Easement Agreement, as it is advantageous to have the same property developed by a private party, and therefore agrees to formally terminate all rights it may have exercised under the terms of said Easement Agreement, and agrees to formalize the termination of said Agreement by written document(s).
2.Alex B. Chown, City Administrator, shall be authorized to execute any and all documents
required to carry out the intent of this resolution PASSED, ADOPTED AND APPROVED BY THE COMMON COUNCIL OF THE CITY OF BLACK RIVER FALLS, WISCONSIN on this 20 th day of December, 2017.

TERMINATION OF EASEMENT RIGHTS

WHEREAS, The City of Black River Falls, Wisconsin is a former holder of easement rights as set forth in the attached Easement Agreement and which affects the following described parcel of land: Lot 2 of Jackson County Certified Survey Map No. 1366 located in Section 11, Township 21 North, Range 4 West, Town of Adams (now City of Black River Falls) Jackson County, Wisconsin.

WHEREAS, said easement rights were not perfected by timely recording of said Agreement and were further affected by an intervening bankruptcy filing and sale to a third party purchaser of said lands without notice of such rights; and

WHEREAS, the City of Black River Falls has not utilized the easement rights once held by it and has no intention of exercising said rights in the future and such exercise would be subject to legal challenge; and

WHEREAS, Dalton P. Sweet, as the purchaser of said parcel of land, has the intention to utilize and improve such lands for public use which will benefit the City through local property tax assessment; and

WHEREAS, the Common Council of the City of Black River Falls has passed a resolution authorizing the termination of such easement rights;

NOW, THEREFORE, THE CITY OF BLACK RIVER FALLS, WISCONSIN, by Alex B. Chown, City Administrator, does hereby permanently, and fully, release the following described lands from the terms of said Easement Agreement:
Lot 2 of Jackson County Certified Survey Map No. 1366 located in Section 11, Township 21 North, Range 4 West, Town of Adams (now City of Black River Falls) Jackson County, Wisconsin. This release is granted in favor of Dalton P. Sweet, his heirs, successors in title and assigns. Dated this 20th day of December, 2017.

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It was moved by Alderperson Ross, seconded by Alderperson Gearing-Lancaster to approve vouchers for November 2017 check #63324 - #63472 totaling $818,052.79. Motion carried.
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It was moved by Alderperson Gearing-Lancaster, seconded by Alderperson Olson to approve the City Treasurer’s Report for November 2017. Motion carried.
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It was moved by Alderperson Ross, seconded by Alderperson Gearing-Lancaster to approve Revenue & Expense Reports for November 2017. Motion carried.
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It was moved by Alderperson Olson, seconded by Alderperson Redbird to adjourn. Motion carried.
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A. Brad Chown
City Administrator