Regular Council Meeting & Organizational Meeting

REGULAR COUNCIL MEETING & ORGANIZATIONAL MEETING

TUESDAY, APRIL 19, 2016

6:45 P.M. & 7:00 P.M.

6:45 P.M.

ORGANIZATIONAL MEETING

Mayor Williams called the Organizational meeting to order with council members Batchelor, Bobrofsky, Englebretson, Froeba, Geier, Gluch-Voss, and Schmitt present.

Bobrofsky made a motion to appoint Kris Schultz as Ward 2 Alderperson for 1 year, seconded by Geier. Motion carried.

Oaths of office were administered by Clerk Toufar to Kris Schultz, Ralph Jim Batchelor, Tom Bobrofsky, Dave Geier, and Tim Froeba.

Nominations were held for Council President. Gluch-Voss nominated Froeba, seconded by Englebretson. Motion carried

The following committees were reviewed and approved on a motion made by Batchelor, seconded by Schmitt. Motion carried.

FINANCE:Tim Froeba, Dave Geier and Betty Gluch-Voss.

POLICE/AMBULANCE:Carmen Englebretson, Jim Batchelor, and Kris Schultz.

PERSONNEL:Dave Geier, Jim Batchelor, and Ralph Schmitt.

UTILITIES:Tom Bobrofsky, Tim Froeba, and Ralph Schmitt.

LIBRARY:Tom Bobrofsky.

PARKS AND RECREATION:Betty Gluch-Voss, Kris Schultz, and Carmen Englebretson.

BOARD OF REVIEW:David Williams, Shannon Toufar, Ralph Schmitt, Betty Gluch-Voss, and Jim Batchelor.

PARKS ADVISORY BOARD:Jason Toufar, Matthew Kubista, Nate Lindner, and Greg Brock.

BOARD OF APPEALS:Bob Meyer, Ed Stumpner, Alice Kennedy, Milton Knack, and Diane Anderegg.

PLANNING COMMISSION:Terry Weyer, David Williams, Jim McBride, Timothy Froeba, Ted Brussow, Tony Wilke, and Francis Voit.

WEED COMMISSIONER:Dave Geier.

COUNTY E.D. COORDINATOR:Ralph Schmitt.

LOYAL ECONOMIC BOARD:David Williams, Viki Pieper, Francis Voit, Ralph Schmitt, and Lori Seliskar.

CITY VIEW ESTATES:David Williams,Carmen Englebretson, Kris Schultz, and Greg Brock.

SEXUAL OFFENDERS APPEALS BOARD:Shannon Toufar, David Williams, Tom Bobrofsky, Connie Meyer, and Carmen Englebretson.

Schmitt made a motion to approve the following City Offices, seconded by Englebretson. Motion carried.

HEALTH OFFICER:Mike Conrad

CITY ATTORNEY:William Gamoke

FIRE CHIEF:Jon Bauer

OFFICIAL NEWSPAPER:Tribune Record Gleaner.

OFFICIAL DEPOSITORY:Citizens State Bank

BUILDING INSPECTOR:Terry Weyer

HOUSING AUTHORITY BOARD:Tom Bobrofsky, Sharon Schoonover, Bob Berglund, Rick Szymanski, and Richard Halverson.

Schmitt made a motion to adjourn, seconded by Schultz. Motion carried.

7:00 P.M.

REGULAR MONTHLY COUNCIL MEETING

Mayor Williams called the regular monthly Council meeting to order at 7:00 p.m. with council members Batchelor, Bobrofsky, Englebretson, Froeba, Geier, Gluch-Voss, Schmitt, and Schultzpresent.

Citizens present were Dean Lesar and Teresa Hall

The Pledge of Allegiance was recited.

Clerk Toufar verified the postings.

No correction was made to the April 19, 2016, Council agenda.

Motion was made by Gluch-Voss to approve the minutes from the March 15, 2016, regular Council meeting, seconded by Schmitt. Motion carried.

Treasurer’s report was approved on a motion made by Englebretson, seconded by Geier. Motion carried.

Utility Committee-Meeting was held on April 5, 2015. Bobrofsky reported on the 2016 street construction bids. The city will be redoing the bids to place 2 ½ inch binder on Davel Dr. and 1 ½ inch binder on Bluebird Lane. Gluch-Voss made a motion to approve Tamerat and Edrea Kubista for summer help at $8.00 per hour, seconded by Englebretson. Motion carried. Bobrofsky made a motion to approve Resolution 01-2016 Submission of a Community Development Block Grant (CDBG) Application, seconded by Schmitt. Motion carried.

Relating to the City of Loyal participation in the Community Development Block Grant-Public Facilities (CDBG-PF)/Planning (CDBG-PLNG) program;

WHEREAS, Federal monies are available under the Community Development Block Grant (CDBG) program, administered by the Wisconsin Department of Administration (DOA) Division of Energy, Housing and Community Resources (DEHCR) for the purpose of the provision or development of a city plan (CDBG-PLNG), or the provision or improvement of the public facilities (CDBG-PF); and

WHEREAS, after public meeting and due consideration, the City Council has recommended that an application be submitted to DOA for the following project(s): 2017 South and Main Street Improvements; and

WHEREAS, it is necessary for the City Council to approve the preparation and filing of an application for the City to receive funds from the program; and

WHEREAS, the City Council has reviewed the need for the proposed project(s) and the benefit(s) it be gained there from;

NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby approve and authorize the preparation and filing of an application for the above named project(s) and that the Mayor is hereby authorized to sign all necessary documents on behalf of the City of Loyal; and that authority is hereby granted to City Council to take the necessary steps to prepare and file the application for funds under this program in accordance with this resolution.

Bobrofsky made a motion approve resolution 02-2016 Adopt a Citizen Participation Plan, seconded by Schmitt. Motion carried.

WHEREAS, the City of Loyal has applied for a Community Development Block Grant (CDBG); and

WHEREAS, the State of Wisconsin Department of Administration (DOA) and the U.S. Department of Housing and Urban Development (HUD) require recipients of Community Development Block Grant (CDBG) monies to have in place a Citizen Participation Plan; and

WHEREAS, the Citizen Participation Plan shall encourage citizen participation (especially by persons of low to moderate income), provide citizens reasonable and timely access to local meetings and information, provide for technical assistance, provide for public hearings, provide for complaint procedures, and accommodate non-English speaking residents; and

WHEREAS, the City of Loyal has prepared and publicly reviewed a Citizen Participation Plan;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Loyal officially adopts the Citizen Participation Plan.

Bobrofsky made a motion to approve Resolution 03-2016 to Adopt an Excessive Use of Force Ordinance, seconded by Schmitt. Motion carried.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOYAL,

POLICY ON CIVIL RIGHTS DEMONSTRATIONS

AND PROHIBITING USE OF EXCESSIVE FORCE

WHEREAS Section 104 (L)(1) of Title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 69 §5304) prohibits the State from expending or obligating any Community Development Block Grant funds to any unit of general local government that does not have or adopt a policy prohibiting the use of excessive force by local law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and a policy of enforcing State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction; and

WHEREAS it is in the interest of the City of Loyal to pursue Community Development Block Grant Funds and to adopt policy that complies with Section 104 (L)(1) of Title I of the Housing and Community Development Act of 1974 as amended (42 USC 69 §5304);

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF LOYAL:

It is POLICY of the City to prohibit the use of excessive force by law enforcement agencies within the City’s jurisdiction against any individuals engaged in nonviolent civil rights demonstrations.

It is POLICY of the City to enforce applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within the City’s jurisdiction.

The officials and employees of the City shall assist in the orderly prevention of all excessive force within the City OF Loyal by implementing the authority and enforcement procedures set forth in Title I of the Housing and Community Development Act of 1974.

The City Council directs the Police Chief to implement this Resolution by amending applicable Loyal Police Department procedures.

Bobrofsky made a motion to approve the Relocation Plan, seconded by Schmitt. Motion carried.

WISCONSINRESIDENTIAL ANTIDISPLACEMENT ANDRELOCATION ASSISTANCE PLAN

FOR CDBGPROGRAMS

ThisResidentialAnti-Displacementand RelocationAssistance Plan (RARAP) is preparedbythe City of Loyalin accordancewith theHousingand CommunityDevelopmentAct of1974, as amended; andHUD regulationsat 24 CFR 42.325 and isapplicable to ourCDBG1projects.

MinimizeDisplacement

Consistentwith thegoalsandobjectives ofactivitiesassistedunder the Act,the City of Loyalwilltakethefollowingstepsto minimize thedirectandindirectdisplacement of personsfromtheir homes:(The steps providedbelow areexamplesonly,eachjurisdictionmustdeterminetheactions itwill take based on localneeds and priorities.)

RelocationAssistance to DisplacedPersons

The City of Loyalwillprovide relocationassistance for lower-income tenants who, inconnectionwithan activityassisted underthe CDBGProgram,movepermanentlyormovepersonal propertyfrom realpropertyas adirect result ofthedemolition ofanydwellingunit orthe conversionofa lower-income dwellingunit inaccordance with the requirements of24 CFR 42.350.A displaced personwho is not alower-income tenant,will beprovided relocation assistancein accordancewith theUniformRelocationAssistance and Real PropertyAcquisitionPoliciesAct of1970, asamended,and implementingregulationsat 49 CFR Part 24.

One-for-One Replacement ofLower-Income Dwelling Units

The City of Loyalwillreplace alloccupied and vacantoccupiable lower-income dwellingunits demolished or converted to auseother thanlower-income housinginconnectionwith a projectassisted with fundsprovidedunder the CDBG Programin accordancewith 24 CFR 42.375.

Before enteringinto acontractcommittingthe City of Loyalto provide fundsfor a projectthatwilldirectlyresult in demolition or conversion of lower-income dwellingunits,the City of Loyalwillmake public bypublication in the Tribune Record Gleanerand submit to HUD [or to theState,under theState CDBG Program]thefollowinginformationinwriting:

1. A description oftheproposed assistedproject;
2. The address,number ofbedrooms, andlocation ona map of lower-incomedwellingunitsthatwill be demolished orconverted to ause other thanaslower-income dwellingunits asa resultofanassisted project;
3. Atime schedule for the commencementandcompletion ofthe demolition orconversion;
4. To theextent known, the address,number of lower-income dwellingunits bysize(number ofbedrooms)and location on a map ofthe replacementlower-incomehousingthathas been orwill be provided.NOTE:See also 24 CFR 42.375(d).
5. The source offundingand atime schedule fortheprovision ofthe replacementdwellingunits;
6. The basisforconcludingthateachreplacementdwellingunitwillremain a lower-income dwellingunit foratleast 10yearsfrom the date ofinitialoccupancy;and
7. Informationdemonstratingthatanyproposed replacement of lower-incomedwellingunitswithsmaller dwellingunits(e.g., a 2-bedroom unit withtwo 1-bedroomunit), oranyproposed replacement ofefficiencyor single-roomoccupancy(SRO) units with units ofa different size, is appropriate and consistentwith thehousingneedsand prioritiesidentified in the HUD-approvedConsolidatedPlanand 24 CFR42.375(b).

To the extentthatthespecific location ofthereplacementdwellingunits and other data initems 4 through 7 arenotavailable at thetimeofthe general submission, the City of Loyalwillidentifythe generallocation ofsuch dwelling units on a map and complete thedisclosure and submission requirementsas soonas the specific datais available.

Replacementnot Required Based on Unit Availability

Under 24 CFR 42.375(d), theCity of Loyalmaysubmit a request to HUD (orto the State,if fundedbythe State)fora determinationthat the one-for-onereplacementrequirementdoes not applybased onobjective data that thereisanadequate supplyof vacantlower-income dwellingunits instandardconditionavailable on a non-discriminatorybasiswithin the area.

Contacts

TheCity Clerk/Treasurer at (920) 398-3031 is responsible for trackingthereplacement oflower-income dwellingunits andensuringthat theyareprovided within the requiredperiod.

The City Clerk/Treasurer at (920) 398-3031 is responsible for providingrelocationpaymentsand other relocation assistance toanylower-income persondisplacedbythedemolition ofanydwellingunit orthe conversionof lower-income dwellingunits toanother use.

Bobrofsky reported on the CMOM report that is required by the DNR. Bobrofsky made a motion to have the city do the manual, seconded by Schultz. Motion carried. Bobrofsky reported on insulating the well houses to save on heat and electric bills for the winter months. No action was taken. Bobrofsky reported that the community clean-up day will be on April 29, 2016. Next Utility meeting will be held on May 3, 2016, at 6:30 p.m.

Police/Fire and Ambulance Committee– No meeting held. Englebretson reported the next quarterly Fire & Ambulance meeting will be on April 28, 2016.

Finance Committee – No meeting held.

Library Committee – Meetings were held on March 21, 2016 and April 11, 2016. Bobrofskyreported that Schmidtke Cleaning will be cleaning the ducts and the carpet. Bobrofsky reported that the four desktop computers and laptop will be here by the end of April. Bobrofsky reported that the new policy Violence in the Workplace has been approved. Bobrofsky reported that patrons can now pay their fines by credit card through e-commerce. Bobrofsky reported that Elroy Roedel has been elected as the new President and Joann Knack will be the Vice President. The next Library meeting will be held on May 16, 2016 at 4:15 p.m.

Personnel Committee – No meeting held.

Park & Recreation – No meeting held.

City View Estates-No meeting held.

Planning Commission – No meeting held.

Economic Development – Mayor Williams reported that Lori Seliskar will be a new board member. Mayor Williams reported that Lots 10 and 15 have be approved to purchase. Mayor Williams reported that William Gamoke will be the new attorney for the Loyal Economic Development.

Clerk’s Report- Clerk Toufar reported that the Board of Review date has not been set at this time.

Mayor’s Report- Mayor Williams asked the Council’s thoughts on changing the times of our Council meetings. No action taken.

Schmitt made the motion to approve vouchers in the following amounts:

GENERAL FUND: $49,135.62 WATER UTILITY: $11,929.80

WASTEWATER UTILITY: $47,863.28

Seconded by Gluch-Voss. Motion carried.

Schmitt made the motion to adjourn, seconded by Froeba. Motion carried.

Shannon Toufar, City Clerk/Treasurer, April 19, 2016