Alburnett council approves temporary encroachment permit for BNL Egg; confirms appointments and routine resolutions

The Alburnett City Council on Jan. 9 approved a temporary encroachment permit allowing BNL Egg repair to use a gravel city right-of-way immediately north of 212 South Main Avenue as driveway access, with conditions that the space be used for access only and not for storage.

A representative for BNL Egg told the council the company has been using the front area to park and drive on its driveway and asked for formal permission to continue using the side access. "We have been using the front area to park and drive on our driveway and we want to make sure that we can use that Side Access Road," the representative said during the presentation.

City Administrator Rebecca recommended aligning the permit with the applicant's insurance and restricting storage on the right-of-way. "I would recommend we align the expiration date so they renew automatically for a year at a time," Rebecca said, noting the policy shown in the packet expires May 30, 2025. Council added a condition that the city retain the right to use the area for snow removal when necessary.

Councilors moved and seconded a motion to approve a temporary encroachment permit for BNL Egg, with the council setting an April 1 target to return with a drafted contract and noting the applicant's certificate of insurance currently expires May 30, 2025. The council also authorized the mayor to work with legal counsel to prepare a superseding contract; both motions carried by voice vote.

Why this matters: granting limited, conditional access to a city right-of-way raises routine but important concerns about liability, maintenance and municipal control. Councilors asked staff to clarify who would be responsible for maintenance (for example, refilling gravel after ruts) and directed staff to seek a contract to formalize responsibilities rather than rely solely on a permit.

Votes at a glance - Temporary encroachment permit for BNL Egg (access only; no storage); authorized mayor to work with city attorney on contract — motion moved by Counselor Trump, seconded by Counselor Sukup; outcome: approved (voice vote). - Appointment of Vicki Kula, City Clerk — moved by Counselor Myers, seconded by Counselor Trump; outcome: approved (voice vote). - Appointment of TJ West, Fire Chief (two-year term) — moved by Counselor Bosenberg, seconded by Counselor Sukup; outcome: approved (voice vote). - Resolution 01-20251: TIF certification (no TIF collected; form shows zeros) — approved by roll call. - Resolution 01-20252: official publication set as The Gazette — approved (voice vote). - Resolution 01-20253: official depository set as Farmer State Bank (max deposit $2,250,000) — approved by roll call. - FY26 property tax-levy public hearing set for March 31, 2025 at 6 p.m. — approved (voice vote). - Purchase of one Owl-brand 360-degree recording device to automate meeting capture and transcription — council approved purchase by voice vote; transcript contains inconsistent price references (see note below). - Renewal of the city’s sheep-grazing agreement — tabled to the February meeting to collect pricing and maintenance options (motion moved by Counselor Trump, seconded by Counselor Bosenberg; outcome: approved to table).

Details and context Councilors and staff discussed several practical conditions before approving the permit. Rebecca pointed out the need for the city to be named as an additional insured on the applicant's policy and recommended aligning the permit term with the insurance renewal to avoid leaving the city exposed if the policy lapses. Staff also reminded council that the right-of-way had been used for temporary storage of snow in an extraordinary event last winter, and they recommended language to ensure any snow placed on the site remain on city property (not moved off-site) to avoid creating visibility hazards.

Council sought clarity on maintenance responsibility if heavy equipment causes ruts in the gravel right-of-way. Staff said the encroachment ordinance allows the city to require a contract prior to issuing a permit, and the council directed staff to consult the city attorney and draft contract language that would make maintenance responsibilities explicit.

Technology purchase City Administrator Rebecca described testing a 360-degree recording/transcription device (an "Owl" or comparable unit) that the city would use to reduce the time required to process recordings and draft minutes. Rebecca said the device could cut processing time from about five hours to under an hour and might save roughly $600 over a year in staff time. The council approved purchase of one Owl device; the motion text recorded $149 as the purchase price, but the packet and an earlier comment about an "initial investment" showed an ambiguous figure that appeared as "1,49" in the transcript. The published meeting record does not clarify whether the device is $149 or a larger figure (for example $1,499); staff said the unit is compatible with Microsoft Teams and will automate transcription for later review by staff.

Sheep grazing Council reviewed a one-year sheep-grazing agreement and discussed DNR observations from last season about long grass and ruts at the grazing site. Staff and the presenter noted at least one DNR notification of noncompliance related to grass height and erosion concerns; councilors asked for mower-cost estimates and alternatives and moved to table the renewal until the February meeting to gather those details.

What happens next Staff will draft contract language for the encroachment permit and consult the city attorney; council set a target to return with a contract within about 60 days (an April 1 target was discussed). Council will consider sheep-grazing options again in February after staff returns with estimates and suggested mitigations. The council’s next scheduled meeting is a budget workshop on Jan. 14, 2025 at 6 p.m.

Sources: Alburnett City Council meeting transcript, Jan. 9, 2025 (city packet materials cited during the meeting).