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The regular meeting of the Common Council was held at City Hall in the City of Black River Falls on January 6, 2009 at 7:00 P.M. Alderpersons Onstad, Johnson, Mathews, R. Eddy, Rahmlow, Olson and J. Eddy were present. Alderperson Austin was absent. Mayor Danielson presided.
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It was moved by Alderperson R. Eddy, seconded by Alderperson Johnson to dispense with the reading of the minutes of the December 2, 2008 Council meeting. Motion carried.
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Mayor Danielson opened the public hearing regarding the petition to vacate Clark Street as published.
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Gil Homstad, one of the adjoining property owners, spoke in favor of the petition to vacate. He felt it would be in the best interest of all of the adjoining property owners.
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The public hearing above was closed after all comments were heard.
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COMMITTEE REPORTS
It was moved by Alderperson R. Eddy, seconded by Alderperson Onstad to place on file the Plan Commission report of December 18, 2008. Motion carried.
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OLD BUSINESS
Resolution 2008-14, A RESOLUTION VACATING AND DISCONTINUING CLARK STREET IN THE CITY OF BLACK RIVER FALLS, JACKSON COUNTY, WISCONSIN was distributed.
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It was moved by Alderperson Mathews, seconded by Alderperson J. Eddy to adopt Resolution 2008-14. Motion carried.
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RESOLUTION 2008-14
A RESOLUTION VACATING AND DISCONTINUING CLARK STREET
IN THE CITY OF BLACK RIVER FALLS, JACKSON COUNTY, WISCONSIN
WHEREAS, the Common Council of the City of Black River Falls, Jackson County, Wisconsin, has determined that Clark Street in the City of Black River Falls is no longer needed as a public thoroughfare in the City of Black River Falls, Jackson County, Wisconsin; and
WHEREAS, Homstad Group, LLC, Dean and Delores Severson, Dale and Patricia Pfaff and Dennis Melichar are the owners of all frontage of the lots and lands abutting on, adjacent to, adjoining or located on the above-described Clark Street; and
WHEREAS, pursuant to the provisions of Section 66.1003, Wis. Statute, the vacation and discontinuance of Clark Street would be in the best interest of all the citizens of the City of Black River Falls, Jackson County, Wisconsin, and would promote the health, safety and welfare of the public.
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BLACK RIVER FALLS, JACKSON COUNTY, WISCONSIN AS FOLLOWS:
1. Clark Street in the City of Black River Falls is vacated and discontinued pursuant to the provisions of Section 66.1003, Wis. Statute.
______________________________
Ronald Danielson, Mayor
Attest:
__________________________________
William Arndt, Clerk
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The Council discussed a request from Rich Hatfield representing the “Pines” property for a 30-day extension of the notice requirements to clean up the debris.
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It was moved by Alderperson R. Eddy, seconded by Alderperson Johnson to deny the request as above. Motion carried with Alderperson Mathews voting no.
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NEW BUSINESS
Resolution 2009-1, A RESOLUTION TO BORROW UP TO $4,500,000. FOR THE FAIR PARK PROJECT was distributed.
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It was moved by Alderperson R. Eddy, seconded by Alderperson Olson to adopt Resolution 2009-1. Motion carried.
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RESOLUTION NO. 2009-1
A RESOLUTION TO BORROW UP TO $4,500,000 FOR THE
FAIR PARK PROJECT
WHEREAS, Wisconsin Statutes, Section 24.66 authorizes the City of Black River Falls (the "City") to borrow money for such purposes in the manner prescribed; and
WHEREAS, by the provisions of Chapter 24 of the Wisconsin Statutes, the Board of Commissioners of Public Lands of Wisconsin is authorized to make loans from the State Trust Funds to municipalities for such purposes; and
THEREFORE, BE IT RESOLVED, that the City of Black River Falls, in the County of Jackson, Wisconsin, borrow from the Trust Funds of the State of Wisconsin the sum of Four Million Five Hundred Thousand and 00/100 Dollars ($4,500,000.00) for the purpose of financing the Fair Park project improvements including ice arena and buildings and for no other purpose.
The loan is to be payable within 5 years from the 15th day of March preceding the date the loan is made. The loan will be repaid in annual installments with interest at the rate of 3.50 percent per annum from the date of making the loan to the 15th day of March next and thereafter annually as provided by law.
RESOLVED FURTHER, that there shall be raised and there is levied upon all taxable property, within the City of Black River Falls, in the County of Jackson, Wisconsin, a direct annual tax for the purpose of paying interest and principal on the loan as they become due.
RESOLVED FURTHER, that no money obtained by the City of Black River Falls by such loan from the state be applied or paid out for any purpose except financing the Fair Park project improvements including ice arena and buildings without the consent of the Board of Commissioners of Public Lands.
RESOLVED FURTHER, that in case the Board of Commissioners of Public Lands of Wisconsin agrees to make the loan, that the Mayor and Clerk of the City of Black River Falls, in the County of Jackson, Wisconsin, are authorized and empowered, in the name of the City to execute and deliver to the Commission, certificates of indebtedness, in such form as required by the Commission, for any sum of money that may be loaned to the City pursuant to this resolution. The Mayor and Clerk of the City will perform all necessary actions to fully carry out the provisions of Chapter 24, Wisconsin Statutes, and these resolutions.
RESOLVED FURTHER, that this preamble and these resolutions and the aye and no vote by which they were adopted, be recorded, and that the Clerk of this City forward this certified record, along with the application for the loan, to the Board of Commissioners of Public Lands of Wisconsin.
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Ron Danielson, Mayor
Attest:
________________________
William Arndt, Clerk
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Resolution 2009-2, A RESOLUTION ALLOWING CONTINUED USE OF CITY RIGHT-OF-WAY FOR MUNICIPAL UTILITY was distributed.
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It was moved by Alderperson Mathews, seconded by Alderperson Rahmlow to adopt Resolution 2009-2. Motion carried.
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RESOLUTION 2009-2
A RESOLUTION PROVIDING FOR THE USE OF STREETS AND ALLEYS BY THE
CITY OF BLACK RIVER FALLS MUNICIPAL UTILITY FOR THE PURPOSE
OF CONSTRUCTION, OPERATION AND MAINTENANCE OF THE PROPOSED UTILITY SYSTEM(S)
WHEREAS, the above stated utility intends to construct, operate and maintain an electric utility system; and
WHEREAS, the lines and appurtenances for the above system(s) will be upon the property and under the streets and alleys owned by the City of Black River Falls.
NOW, THEREFORE, BE IT RESOLVED, that the City of Black River Falls does hereby grant a perpetual easement to the Black River Falls Municipal Utility for the use of streets and alleys for purposes of construction, operating and maintenance of the lines and appurtenances of the electric system(s).
______________________________
Ron Danielson, Mayor
Attest:
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William Arndt, Clerk
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Ordinance #788, AN ORDINANCE TO ZONE MUNICIPAL UTILITY PROPERTY RECENTLY PURCHASED FROM THE FOUNDATION was distributed as the 1st reading.
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It was moved by Alderperson Rahmlow, seconded by Alderperson Onstad to suspend the rules and act on Ordinance #788. Motion carried.
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It was moved by Alderperson Johnson, seconded by Alderperson Olson to adopt Ordinance #788. Motion carried.
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CITY OF BLACK RIVER FALLS ORDINANCE NO. 788
REZONING LAND IN THE CITY OF BLACK RIVER FALLS, JACKSON COUNTY, WISCONSIN
Pursuant to a hearing held December 17, 2008, in accordance with the provisions of Wisconsin Stat. Section 62.23(7)(d)(2) (2001-2002), and in consideration of the recommendation of the Plan Commission for the City of Black River Falls, Jackson County, Wisconsin:
The Common Council of the City of Black River Falls, Jackson County, Wisconsin do ordain as follows:
SECTION 1. Zoning ordinance amended. The following described property, which is currently temporarily zoned RD-Rural Development, is hereby permanently zoned as B-5, Shopping Mall District:
Lot 2 of Certified Map Number 3332
SECTION 2. Severability. The provisions of this Ordinance shall be deemed severable and it is expressly declared that the Common Council would have passed the other provisions of this Ordinance irrespective of whether or not one or more provisions may be declared invalid and if any provisions of the Ordinance of the application thereof to any person or circumstances is held invalid, the remainder of this Ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.
SECTION 3. Conflicting ordinances. Ordinances or parts of ordinances in conflict with the above Ordinance are hereby repealed.
SECTION 4. Effective date. Upon passage and publication, this Ordinance shall take effect and be in force as provided by law.
______________________________
Ron Danielson, Mayor
Attest:
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William Arndt, Clerk
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It was moved by Alderperson Onstad, seconded by Alderperson Johnson to accept Lot 2 of Jackson County Certified Survey Map #3348 purchased from Mary Ann McDonald from funds the Black River Area Foundation donated to the City from the sale of their County Highway A property to the Municipal Utility. Motion carried.
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City elected official filings for the Spring 2009 election are as follows:
City Attorney Daniel S. Diehn
Alderperson Ward 1 Randy Eddy
Alderperson Ward 2 David P. Johnson
Alderperson Ward 3 Desiree Gearing-Lancaster
Don Shepard
Alderperson Ward 4 Pete Olson
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It was moved by Alderperson Olson, seconded by Alderperson Johnson to adjourn. Motion carried.
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William Arndt,
City Clerk
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