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Parkview approvals, Reilly submits petition, Ubersox claim denied

Shullsburg City

POSTED January 24, 2018 3:01 p.m.

SHULLSBURG —Shullsburg City Council met on Wednesday, Jan. 17, 2018.
Parkview Development
    Four items were discussed and approved having to do with the Parkview Development. Mark Doyle of Delta 3 explained the next steps the council needed to take to move the project along. Doyle said, “The final plat has been sent to the state and we are expecting approval by the end of the month. The next step is to get water related plans to the DNR for approval. The probable cost figures have not changed. We are waiting for approval from you so we can move on with final plans.”
    Mayor Gloria Swenson asked, “So we need to act on these in order for you to do what you have to do?” Doyle, “Correct.”
    Motion and second was made to give Delta 3 permission to complete construction plans & specifications for the water main, sanitary sewer, storm sewer, retention and street construction.
    Alder Emmett Reilly asked for discussion and asked, “Do you remember the estimate?” Doyle answered, “It’s about $1.25 million or so for the project.” Reilly said, “I mean just for this part of it.” Doyle said, “Again, the costs haven’t changed at all. The entire project is about $1.25 million.” Reilly, “So what you’re asking for is to approve $1.25 million.” Doyle said, “I’m not asking for anything.” Alder Jim Paquette said, “He’s not asking, we are.”
    Reilly asked, “What are Delta 3’s engineering costs in this project?” Doyle answered, “Not sure exactly, I can find that out for you.” Reilly said, “So we’re going to vote on this without knowing?” Paquette said, “This is nothing new to you Emmett; we’ve been through this.” Reilly said, “I’m just asking questions, the other part is this seems to be out of order on the agenda. We’re going to consider a direct legislation petition later. If it went to referendum, it would stop the spending.” Alder Duane Wedige said, “We’re not talking about that yet. We’re not that far in the agenda.” Reilly said, “I’m just making the point that this is out of order.” Wedige said, “I believe you’re wrong! We’ll get to that when it’s time.”
    Swenson stated there is a motion on the floor and asked for a roll call vote. The motion was approved 3-1 with Reilly voting no.
    Motion and second was made to give Delta 3 permission to submit the plans and specifications to the Wisconsin DNR for approval of water main, sanitary sewer and storm sewer. It was approved 3-1 with Reilly voting no.
    Reilly asked what the timetable was. Doyle explained the process, if something is going to be done this spring they would need to get the plans into the DNR. They will have 30 days to review them. Delta 3 will need at least a couple weeks to do the final design, by then they would be into March. Then they would send it out to bid be into April.
    Motion and second was made to give Delta 3 permission to get the final quantities, cost estimates and preparation of contracts for bidding in Spring 2018. It was again approved 3-1 with Reilly voting no.
    Paquette clarified the next item regarding electrical supplies. It doesn’t mean the electric dept. will be ordering it tomorrow. But they want to go ahead and get the work done and present it to the board and then get it ordered as it can take up to 14 weeks to receive materials. Doyle pointed out that the probable cost on electric supplies is $150,000.
    Motion and seconded was made to have Mel Kreul, City of Shullsburg Electric Utility Director go forward with ordering electrical supplies. It was approved 3-1 with Reilly voting no.
Closed Sessions
Petition
    Reilly filed a petition “Resolution for Direct Legislation” to the Shullsburg city council and mayor. As follows:
    We the people, of the city of Shullsburg demand all progress and/or decisions, relating to the “Parkview Development” or the “McCoy development” or any development in that area in the City of Shullsburg using city funding of any kind, stop immediately.
    Until we the people of Shullsburg have a referendum vote on such development. The referendum is to cease and desist all plans and spending on these developments.
    The petition was signed by 71 Shullsburg residents.
    In closed session the council discussed the referendum requested by the petition, when the council reconvened into open session – no action was taken.
    As of press time Reilly had not responded to a question from the Republican Journal as to his next step.
Claims denied
    A claim submitted by George Ubersox of Shullsburg for $40,000 was denied by the city. The claim stated the city has failed to maintain storm water sewer system and allowed additional development, causing storm water to flood my property. During a July 22, 2017 rainstorm, the stormwater drains backed up and flooded his property, causing damage to his tenant’s (Frances Halferty) mobile home. Ubersox stated he would no longer be able to rent the property out as a mobile home site.
    Ubersox said the $40,000 figure came from the loss of the actual property itself, plus loss of revenue at $250 per month or $3,000 per year, for an untold number of years to come. Ubersox also stated that he has come to several Shullsburg City council meetings, in a friendly manner, to find an equitable solution.
    Ubersox continued with the Union Street flooding situation started when the city allowed White Hill Cheese to be built. That along with the surrounding run-off has contributed to the 30” pipe not handling the volume of water run-off and causing erosion and flooding to his property. Delta 3 has done a survey of the situation and has determined the 30” pipe is not large enough to handle all of the rainwater run-off generated by White Hill Cheese and the 350 acres above, according to Ubersox.
    In a phone interview Ubersox declared that he has had an attorney involved and will be taking the case forward, even if it means taking the city to court.
    A claim by Frances Halferty was also denied.
    Committee Reports:
    •Water: the new water department truck is in, the strobe and hitch have been moved from the old truck to the new one; the repair work at the church last summer cost $5,000. The church will pay $2,500 and the city will pay $2,500; a water main break was repaired with ten hours of work.
    •Sewer: TV cleaning will be done this summer; Delta 3, White Hill Cheese and Nick Doyle of the city has been discussing problems at White Hill Cheese and N. Doyle thinks they will arrive at some kind of solution soon.
    •Electric: Street lighting maintenance is being done; cutting and trimming trees in the park is being done; new equipment is in.
    •Park – A defibrillator was donated by the Shullburg Masons to Shullsbrg Schools (will use for nine months) and to Shullsburg City Parks department (will use for three months in the summer).
    •Police – Review 2017 - record number of cases; came in at $900 under budget.
    •Building and Grounds & Library – Welcomed new committee member Dave Turpin; discussed hiring a library assistant.
    In other business:
    •Approved the bills for general, water, sewer, electric, pool, museum, library and TIFF funds in the amount of $43,310.
    •Approved relisting the industrial lot with Teasdale Reality.
    •Approved a new application, contract and operation plan to the streambank stabilization (rip rap) project for the Fever River to the east of Count O bridge, adjacent to the city garage with Lafayette County Conservation Department. This was previously approved in 2017. Max Blackbourn, Conservation Technician, was present and stated since the project didn’t get done last year, because there wasn’t approved rock (for rip rapping) in the county, the city is required to reapply. Blackbourn said, “The cost will be the same unless flooding and erosion has changed the river.” The previous cost was estimated at between $4,000 and $7,000. The earliest the project can be begin is April 2018.
    •Approved offering Catherine Riseley the position of assistant librarian for eleven hours per week. Riseley already works 20 hours for the Shullsburg Police department. Clerk-Treasurer Marsha Einswieler noted that 11 more hours for Riseley will put her at 31 hours per week and qualify her for Wisconsin Retirement System (WRS) and the city will be required to pay in an extra $900 per year out of the police dept. budget and that hasn’t been budgeted for.  It was decided to take the $900 out of the library budget. It was also mentioned that she would be eligible for health insurance at $385 per week.
    •The council promoted Jose Trejo to Water Operator 1.
    •Approved paying 5¢ per minute on council members cell phone bills.

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