The regular meeting of the Common Council was held at City Hall in the City of Black River Falls on November 3, 2009 at 6:00 P.M. Alderpersons Johnson, Mathews, R. Eddy, Rahmlow, Olson, J. Eddy, Onstad and Gearing-Lancaster were present. Mayor Danielson presided.
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It was moved by Alderperson R. Eddy, seconded by Alderperson Rahmlow to dispense with the reading of the minutes of the October 6 and 21, 2009 Council meetings. Motion carried.
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COMMITTEE REPORTS
It was moved by Alderperson Onstad, seconded by Alderperson Mathews to place on file the Utility Commission report of November 2, 2009. Motion carried.
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OLD BUSINESS
Ordinance #792, AN ORDINANCE AMENDING CHAPTER 7 OF THE MUNICIPAL CODE REGARDING THE OPERATION OF GOLF CARTS ON CITY STREETS was distributed as the 2nd reading. Section 2(12) of the ordinance was amended to state the number of occupants shall be restricted to the number suggested by the manufacturer.
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It was moved by Alderperson Mathews, seconded by Alderperson Olson to adopt Ordinance #792 as amended. Motion carried with Alderperson Johnson and Alderperson J. Eddy voting no.
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CITY OF BLACK RIVER FALLS ORDINANCE NO. 792
AN ORDINANCE AMENDING CHAPTER 7 (TRAFFIC CODE) OF THE CITY OF BLACK RIVER FALLS MUNICIPAL CODE IS HEREBY AMENDED BY THE CREATION OF SECTION 19 AS IT RELATES TO THE OPERATIONS OF GOLF CARTS IN THE CITY OF BLACK RIVER FALLS, JACKSON COUNTY, TO READ AS FOLLOWS;
(1) GOLF CART DEFINED: For purposes of this Section, “golf cart” is defined as a motorized vehicle using either gasoline or electric propulsion, having three or four wheels, which is designed specifically, and intended for, the purposes of transporting one or more persons and their golf clubs while engaged in the playing of, or supervising the play of golf, and approved for use on the Skyline golf course.
(2) OPERATION RESTRICTED: (a) No person shall operate a golf cart vehicle on or over any public highway, street, trail or upon any publicly owned leased or operated property within the City of Black River Falls except as provided in this Section.
(b) Valid Operator's License Required: No person who does not possess a valid Driver's license recognized by the State of Wisconsin as permitting the operation of motor vehicles in the state, may operate a Golf cart upon any City streets within the corporate limits of the City of Black River Falls. For the purposes of this Chapter a valid driver's license is a Driver's License which at the time of operation is not suspended, revoked or cancelled for any reason.
(c) Golf Carts may be operated on City Streets and routes as designated within this section only for the purpose of traveling directly to or from the Skyline Golf Course and the owner/operators place of residence or, other structure owned or leased by the owner/operator, where the golf cart is kept.
(d) Speed - No person shall operate a Golf cart within the City of Black River Falls or on any trail or street or other public way designated in this section at a speed in excess of ten (10) Miles Per Hour (MPH).
(e) Shall Be Operated on the extreme Right Side: Operation of Golf carts within the city limits shall be strictly limited to traveling along the extreme right side of city streets designated for that purpose, and travel with the flow of traffic.
(f) Shall be operated in Single File: While operating on City Streets Golf carts shall be operated in single file with headlights and taillights in operation at all times, day or night.
(g) Shall Yield The Right of Way: While operating on City Streets, Golf Cart Operators shall yield the right-of-way to all other vehicular traffic and pedestrians.
(h) Operation on Sidewalks Prohibited. No person shall operate a Golf cart upon any sidewalk, pedestrian way, the Foundation Trail, or between the sidewalk and the curb line of any street in the City, except as specifically authorized by the Police Department, for the purpose of legally crossing the street, to obtain immediate access to an authorized area of operation.
(i) Unattended Vehicles. No person shall leave or allow any Golf cart owned or operated by him/herself to remain unattended on any public highway or street.
(j) Operation on City Property: No person may operate a Golf cart on any city property to include the Skyline Golf Course, any city parks or trails, cemeteries, and any property owned or leased by the city, or anywhere in the City on the grass skirt or boulevard between the street or sidewalk unless authorization to do so is first obtained from the City of Black River Falls or a duly authorized representative thereof (property need not be posted).
(k) Signs and Markers to be Obeyed: No person shall fail to obey any route or trail sign, marker or speed limit or other control device erected in accordance with this Section or traffic sign or signal under authority of Wis. Stats.
(l) Shall Stop at Intersections: Persons operating a golf cart on any City Streets or routes shall stop at all intersections and yield to all other motor vehicle traffic before proceeding, and shall obey all traffic signs, signals, and rules of the road, except as modified by this section.
(m) Number of Occupants: The number of occupants in any golf cart operated on the roads and streets shall be restricted to the number of occupants intended by the manufacturer of the golf cart. No occupant of a golf cart shall stand at any time while the golf cart is in motion.
(n) Towing: Except for a person authorized by the Chief Of Police, no person operating a golf cart on City streets or routes shall tow any person, thing or apparatus.
(o) Unnecessary noise or disturbance: No person shall operate a golf cart on any City streets or routes either in such a condition or in such a manner as to cause an unreasonable and unnecessary noise or disturbance.
(3). REQUIRED EQUIPMENT: (a) No Golf cart may be operated on any street within the City limits unless it conforms to all equipment requirements as stated in the Wisconsin statutes or the Municipal Code of the City of Black River Falls.
(b) Headlights - Every Golf cart operating within the City, upon any public street shall display two lighted headlights at all times while on a city street, day or night, and shall be of a white or clear light capable of illuminating the road ahead during hours of darkness and be observed at a distance of 500 feet ahead, such lights/lamps to be located at a height no more than 54 inches nor less than 24 inches from the surface of the roadway.
(c) Taillights – Every Golf cart operating within the City, upon any public street shall display two lighted taillights which shall be red in color and be observable to a distance of 500 feet to the rear, such lights/lamp shall be located at a height of not more than 72 inches nor less than 20 inches from the surface of the roadway.
(d) Muffling of excessive noise required. All golf carts, while being operated, shall be equipped with a muffler in good working order to prevent excessive and unusual noise.
(e) Brakes: All golf carts operating subject to this ordinance must be equipped with a braking system capable of meeting the performance specifications set forth in s. 347.36.
(f) Steering/Tires: All golf carts operating subject to this ordinance must be equipped with reliable steering and safe tires.
(g) Rear View Mirror: All golf carts operating subject to this ordinance must be equipped with a rearview mirror, such mirror shall be mounted in a location that allows the operator an unobstructed view of the roadway for a distance of 200 feet to the rear of the golf cart.
(4). GOLF CART ROUTES AND TRAILS DESIGNATED: Except as provided in Wis. Stats. or herein stated, no person shall operate any vehicle upon any public right-of-way, in any public park or cemetery or on any other public or private property in the City except upon routes and trails designated by the City Council as Golf cart routes.
(a) Operation permitted in certain areas: A person may operate a Golf cart in only the following designated areas within the City Limits of the City of Black River Falls:
- West of N. 8th Street from the north City limits to Main St.
- North of Main Street from 8th Street to 10 Street,
- West of S. 10th Street from Main Street to Melrose Street
- North and West of Melrose Street/Hwy 54, from S.10th Street to the City Limits
- On streets or routes designated under a special permit obtained from the City Police Department
- Golf Carts may not operate on any portion of North 8th Street, Main Street, Highway 54 or Melrose Street.
(b) Operation on Private Property: No person may operate a Golf cart on private property unless authorization to do so is first obtained from the property owner: (property need not be posted).
(c) Golf Cart routes are described as follows:
(1) Route Markers - The Director of Public Works is authorized to procure, erect and maintain appropriate route, and speed limit signs and markers as approved by the State Department of transportation and covered by Wis. Stats.
(2) Route Status - City of Black River Falls Law Enforcement officers, with the consent and approval of the Mayor or City Administrator, shall have the authority to declare the stated Golf cart routes and trails either open or closed. Notification of Route Closure will be accomplished by the posting of closure notices at City Hall and the Skyline Golf Course.
(5). ENFORCEMENT: (a) This Section shall be enforced by any law enforcement officer of the City of Black River Falls, Jackson County, Wisconsin.
(b) Municipal Citation: The uniform Municipal citation promulgated under the Wisconsin State Statutes, shall be used for violations of this Chapter relating to highway use except as herein provided.
(c) Parking Violations: The special standardized City parking ticket shall be used for enforcement of violations of rules of the road relating to parking of vehicles.
(d) Other Violations: All violations of this Chapter not described in Subsections (a) or (b) shall be enforced in accordance with Wis. Stats. Stipulations of guilt or no contest may be made as provided in Wis. Stats. in substantially the form provided in the uniform traffic citation within five (5) days of the date of the citation for such violation.
(6). PENALTIES: STATE FORFEITURE LAWS AND PENALTIES: (a) All provisions of the Wisconsin Statutes describing and defining regulations with respect to Golf carts of which the penalty is a forfeiture only shall be incorporated by reference. The penalty for violation of any provision of this Section shall be a forfeiture as provided in section 346.965 of the Wisconsin Statutes and Chapter 25 of the Black River Falls Municipal code together with the costs of prosecution.
(b) Forfeited Penalties and Deposits - Except as otherwise provided in Wis. Stats. and the deposit schedule adopted by the State Board of Circuit Court Judges hereunder, required penalties and deposits or bail not including costs or fees for violation of this Chapter shall be as established by the schedule adopted by the City of Black River Falls Common Council.
(7). SEVERABILITY: (a) The provision of this ordinance shall be deemed severable and it is expressly declared that the City would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid. If any provision of this ordinance or the application to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provisions to other persons circumstances shall not be deemed affected.
(8). EFFECTIVE DATE: (a) This ordinance shall take effect upon passage and publication as required by law.
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Ronald Danielson, Mayor
ATTEST:
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William Arndt, City Clerk
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Ordinance #793, AN ORDINANCE AMENDING THE CODE OF THE CITY OF BLACK RIVER FALLS, JACKSON COUNTY, WISCONSIN BY REPEALING AND RECREATING SECTION 9.28(3)(c) was distributed as the 2nd reading.
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It was moved by Alderperson Rahmlow, seconded by Alderperson Onstad to adopt Ordinance #793. Motion carried with Alderperson Johnson voting no.
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CITY OF BLACK RIVER FALLS ORDINANCE NO. 793
AN ORDINANCE AMENDING THE CODE OF THE CITY OF BLACK RIVER
FALLS, JACKSON COUNTY, WISCONSIN BY REPEALING AND
RECREATING SECTION 9.28(3)(c)
The Common Council of the City of Black River Falls, Jackson County, Wisconsin, do ordain as follows:
SECTION 1. Section 9.28(3)(c) of the Code of Ordinances of the City of Black River Falls is repealed and recreated to read as follows:
(3) USE REGULATIONS – PROHIBITED ACTIVITIES.
C. Pursuant to the provisions of this chapter, Helmets that meet either the American Society for Testing and Materials (ASTM) or the United States Consumer Safety Commission (CPSC), elbow pads, knee pads are recommended for use by all persons using the skate park. All protective gear and equipment shall be in good repair at all times during use.
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Ronald Danielson, Mayor
ATTEST:
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William Arndt, Clerk
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The Council reviewed the proposed Business Improvement District (BID) Plan for 2010. Darren Durman represented the Downtown Association which is primarily funded by the BID.
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It was moved by Alderperson Rahmlow, seconded by Alderperson R. Eddy to approve the proposed BID plan for 2010 as presented. Motion carried.
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Fire Chief Steve Schreiber explained the relationship between the City and Rural Fire Departments. They both own trucks and equipment and share it as necessary. They also share the same roster of 32 firefighters. The City pays a portion of the Rural budget based on a negotiated contract.
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It was moved by Alderperson Mathews, seconded by Alderperson Johnson to borrow up to $160,000 on behalf of the Rural Fire Department for a new tanker. They would make the payments. Motion carried.
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The Council discussed the condition of the boat landing in light of the Black River drawdown and construction access to the dam/hydro project. The landing needs substantial repairs. The Municipal Utility has offered to split the repair cost with the City. They will deduct the City share over a 5 year period from the increase in the PILOT payment the City will receive.
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It was moved by Alderperson Olson, seconded by Alderperson Onstad to approve the boat landing repair as above and as stated in the minutes of the November 2, 2009 Utility Commission meeting. Motion carried.
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It was moved by Alderperson Mathews, seconded by Alderperson Rahmlow to adjourn. Motion carried.
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William Arndt,
City Administrator
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