March 12, 2014
Pursuant to due call and notice thereof a regular meeting of
the Common Council of the City of Bloomer was called to order
on March 12, 2014 at 6:00 p.m. at City Hall, 1503 Main Street –
Mayor Summerfield presiding.
Roll call was taken: Mayor Summerfield, Alderpersons
Meinen, Hofmann, Steinmetz, Koehler, City Clerk Stoik and
All present gave pledge to the flag.
Alderperson Steinmetz made a motion to approve the minutes
from the previous meeting (February 26, 2014) as
presented. Alderperson Hofmann seconded the motion and
all present voted aye.
Alderperson Meinen made a motion to approve all claims
against the City and Utilities as presented. Alderperson
Koehler seconded the motion and all present voted aye. The
claims were in the amounts listed below:
66993 - 67116
There were no audience comments.
Mayor Summerfield explained the issues regarding a
non-compliant structure at 8363 170th Avenue, Town
of Woodmohr, owned by Lloyd and Tonda Miller. This
property is located in the Extra-Territorial Zoned area of the
City. Mr. Miller stated his property is 3 feet from the
east property line. The ordinance states 8 feet as the
required setback. When he purchased the property he went
off what the neighbors and previous owners had told him was the
lot line. He removed trees from the area. He did not have the
property surveyed. Tony Rubenzer, Building
Inspector/Zoning Administrator stated if the lines are
adjusted, all the property owners west from Mr. Miller’s
property will be off. Mr. Miller had taken this issue to
the ETZ Zoning Board of Appeals seeking a variance. After
meeting, the variance was denied because there was no
unnecessary hardship. It was a self-imposed
hardship. City Attorney William Thiel stated there were
three options available to the Council.
- Assess a penalty of $25 to $1000 per day.
- Seek injunctive relief from the courts.
Mayor Summerfield requested the Council to use logic.
This lot line has been used for 30 to 40 years. He
questioned Attorney Thiel if Mr. Miller could go to the courts
and seek adverse possession. Attorney Thiel stated Mr.
Miller could pursue adverse possession on his own. They
are hard cases to prove. Alderperson Koehler questioned
Dan Stiehl, father to the owners of the property (Dave &
Richard Stiehl) if they would be interested in negotiating the
sale of the 5 foot strip to Mr. Miller. Mr. Stiehl
responded no. Mr. Stiehl responded it would be up to the
mortgagee. He also stated it would be a problem in the
future for access to a driveway or a dedicated street into the
property off of 170th Avenue. Mr. Stiehl
stated Mr. Miller has his 100 foot frontage; he just placed the
house to close to the east lot line. Roger McFarlane,
Town of Bloomer and a member of the ETZ Board stated Mr.
Rubenzer, previous owner of the property sold to the Stiehl’s,
knew where the property line was and knew Mr. Miller was
incorrect. The Common Council discussed options to pursue
based on Attorney Thiel’s previous advice. Mayor
Summerfield called for a motion three times. No motion
Discussion was held regarding the facilities committee
meeting with Bloomer School District regarding softball and
little league fields. Mike Meindel, Alderperson Steinmetz
and Alderperson Meinen attended the meeting with the
schools. District Administrator Mary Randall, School
Board President Deneen Berseth and Steve Hilger from the
Facilities Committee were present from the Bloomer School
District. They presented a blueprint of the development of the
fields and parking areas. A basic field is estimated at
$100,000 and parking at $223,000. This is a conservative
price. The School District is under contract with prices at
this time. But, time is running out and the contracted
prices are subject to change soon. They also do not know
at this time, how much is available to them, until the final
demolition of the old elementary school. There are
unknown costs associated with the removal, due to concrete
being pumped under it in later years. The School District
is requesting the Common Council to dedicate $100,000 to the
project. The City has an offer to purchase for land for
the little league fields. They are in the preliminary
stages of completing the purchase. Mayor Summerfield
questioned each of the Council members if the money became
available from the sale of the little league fields, would they
commit the funds to the School District for development?
All Council members agreed it was a project they wanted to
commit to, but until they had the funds, they could not commit
at this time. Discussion was held regarding borrowing,
shared revenue and possible sources of revenue to complete the
project. No action was taken at this time.
Alderperson Hofmann made a motion to approve a payment of
$3,204.50 to Bloomer Firefighters for skating rink supervision
from Dec. 2013 through March 2014. Alderperson Koehler
seconded the motion and all present voted aye.
Alderperson Meinen made a motion to approve Bohl & Proux
to make the cross connection repairs at the Fire Station for
$$6,127. Alderperson Steinmetz seconded the motion and
all present voted aye.
Alderperson Koehler made a motion to approve purchase of a
welder from Mississippi Welder for the Water Department for a
not to exceed price of $20,000 with cost sharing to be
determined between the departments by Mike Meindel, Clerk Stoik
and the auditors. Alderperson Hofmann seconded the motion and
all present voted aye.
Discussion was held regarding repairs to the roof above the
cooler at the golf course clubhouse. Alderperson Meinen
requested Alderperson Koehler to ask the operators to get a
third bid and submit back to consideration. No action was
Police Chief Jared Zwiefelhofer commented on the residency
law for law enforcement agency. Act 20 stated a
municipality could enact a 15 mile radius of the jurisdictional
boundary. He is recommending this for law enforcement in
his department. Alderperson Meinen made a motion to adopt an
ordinance for full-time employees in law enforcement to a 15
mile radius of the jurisdictional boundary as recommended by
Police Chief Zwiefelhofer. Alderperson Hofmann seconded
the motion and all present voted aye. Attorney Thiel will
draft for final approval at the next meeting.
Alderperson Steinmetz made a motion to approve a
subordination agreement with Ashley Hartman for a Housing Rehab
Loan as prepared by Peoples State Bank and approved by the
Housing Rehab Committee. Alderperson Meinen seconded the
motion and all present voted aye.
Alderperson Hofmann made a motion to approve an application
for a license to serve fermented malt beverages and
intoxicating liquors for Laken V. Conry as approved by Police
Chief Zwiefelhofer. Alderperson Koehler seconded the
motion and all present voted aye.
Peter Paulson, Electric Administrator – had nothing to
Tony Rubenzer, Building Inspector/Zoning Administrator – had
nothing to report. Mayor Summerfield thanked him for all
his work with the ETZ zoned area.
Michael Meindel, Street, Water & Sewer Administrator
would like a committee set up to establish a policy
regarding thawing of water pipes for the future.
Jared Zwiefelhofer, Police Chief reported the hiring process
is going well. They will be testing 15 applicants with a
written test on Saturday.
Clerk Stoik reported the next Joint Area Meeting will be
held in Durand on March 31, 2014. RSVP’s are needed by
March 24, 2014.
Brian Bleskacek, Fire Chief reported the Bloomer
Firefighters would like to continue next year with operation of
the skating rink.
Alderperson Meinen thanked the volunteers for scraping off
the softball fields. This was donated by them at no cost
to the City or Bloomer Schools. He also thanked the
Firefighters for their great job operating the skating
Alderperson Hofmann also thanked the Firefighters.
Alderperson Steinmetz also thanked the Firefighters and
thanked Mike Meindel for all his work on the Facilities
Committee with the school.
Alderperson Koehler – no comments.
Mayor Summerfield questioned Roger McFarlane from the Town
of Bloomer if they would help fund the ETZ attorney fees.
He stated he had taken it back to the board and they denied at
this point because it did not benefit the town. Mayor
Summerfield stated he had not heard from the Town of Woodmohr
regarding this issue. He also met with a gentleman
concerning possible purchase of 20 acres in the Ironhorse
Industrial Park. He feels it is a good lead at this time,
but it is confidential. He will continue to work with
Alderperson Steinmetz made a motion to go into Closed
Session under Wis. Stats. 19.85(1)(c) as read by Mayor
Summerfield. Alderperson Koehler seconded the motion and
roll call vote was taken: Alderperson Meinen, aye;
Hofmann, aye; Steinmetz, aye; Koehler, aye.
Alderperson Steinmetz made a motion to come out of closed
session and report on action taken. Alderperson Hofmann
seconded the motion and all present voted aye. No action was
taken in closed session.
Alderperson Steinmetz made a motion to adjourn the
meeting. Alderperson Hofmann seconded the motion and all
present voted aye.