CITY OF RHINELANDER COMMON COUNCIL - MINUTES

MONDAY, SEPTEMBER 10, 2012 - 6:00 P.M.

City Hall Council Chambers
135 S. Stevens St., Rhinelander, WI

CALL TO ORDER

The regular meeting of the Common Council of the City of Rhinelander was called to order by Mayor Johns at 6:00 pm. Proper notification was given to the press and the public.

INVOCATION

Mayor asked all to stand for the Pledge of Allegiance.

ROLL CALL

The following Alderpersons were present: Sherrie Belliveau, Tom Gleason, Tom Kelly, George Kirby, Mark Pelletier, Joe Salzer, Steve Sauer, and Alex Young.

OTHERS PRESENT

Mayor Dick Johns, City Administrator Blaine Oborn, Police Chief Mike Steffes, Fire Chief Terry Williams, Golf Course Superintendent Joe Andersen, Water/Wastewater Superintendent Tim Kingman, Public Works Director Randy Knuth, Tony Gilman, Finance Director/Treasurer Julie Ostrander, City Attorney Phil Parkinson, Parks Director Gunder Paulsen, Golf Pro Dan Buckley, Karen Wagner of Town & Country Engineering, Lee Emmer of MSA Professional Services, Kyle Rogers of The River News, Ken Krall of WXPR, and citizen Ward Gleesing.

APPROVAL OF MINUTES

MOTION BY BELLIVEAU, SECOND BYSALZER, TO APPROVE COMMON COUNCIL MEETING MINUTES OF MONDAY AUGUST 13, 2012; 8 AYE, 0 NAY, MOTION TO APPROVE CARRIED.

APPEARANCES BY CITIZENS

COMMUNICATIONS AND PETITIONS – NONE AT THIS TIME.

CONSENT AGENDA

MOTION BY KIRBY, SECOND BY GLEASON, TO APPROVE THE BARTENDER APPLICATIONS OF TIMOTHY LUNDBERG, 4175 BASS LAKE LOOP, LOUISE BREITZMAN, 7171 WOODCREST DR, JENNIFER SEIDEL, 4879 JACOBSON DR., & TO SET FOR PUBLIC HEARING ORD. NO. 11-12, ADD NO PARKING ON THE NORTH SIDE OF KEENAN ST FROM PELHAM ST TO TRIGS MALL ENTRANCE, & ORD. NO. 12-12, REMOVE NO PARKING ON EAST SIDE OF ALBAN STREET FROM THAYER ST TO MASON ST. 8 AYE, 0 NAY, MOTION CARRIED.

UNFINISHED BUSINESS AND PUBLIC HEARINGS

PUBLIC HEARING REGARDING PROPOSED WISCONSIN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR PUBLIC FACILITIES (PF) & UPDATE ON CDBG EMERGENCY ASSISTANCE PROGRAM & DISCUSS/APPROVE RESOLUTION #2012-26 AUTHORIZING SUBMISSION OF A CDBG-PF APPLICATION.

IDENTIFICATION OF TOTAL POTENTIAL FUNDS

Karen Wagner explained that the City of Rhinelander is going to apply for CDBG-EAP block grant funds, along with the Interceptor project. The City received EAP money in 2010 for flooding.

The allocations for CDBG are approximately 23 million.

ELIGIBLE CDBG-EAP ACTIVITIES

Eligible activities are for business block grants, water systems, sanitary sewer, storm sewer, and streets. The City will apply for a Public Facility Grant. This would be for projects that improve or replace including water/sewer/curb/gutter/streets. $800,000 to $1,000,000 will be available to the Northwoods Consortium.

HOUSING

Housing needs through the City will need to be addressed. The Public Facility Project will coincide with the Interceptor Project, and there will be no displacement of residents due to the project. Whatever is not used for EAP goes back to the State.

The City had received about 24 applications for CDBG-EAP, and twelve received the funding. Two are still out there. The City had gotten an application, and not knowing who needed it, because there was an estimated amount of damage. Insurance companies picked up some of the work.

Karen Wagner explained that whatever application is not currently on file can’t be helped at this point, except the two still going.

City Administrator Blaine Oborn, explained that the City Council is committed to a 75% match on this. Utilities will fund it. This would take a 2.4 million dollar project down to 1.9 million.

Karen Wagner added that they would have to address the need and supporting documentation, with Oborn adding that this would be a multiple project and it is shared. This will have some impact in keeping taxes and water rates down.

MOTION BY PELLETIER, SECOND BY SALZER, TO APPROVE RESOLUTION # 2012-26 AUTHORIZING SUBMISSION OF A CDBG-PF APPLICATION. 8 AYE, 0 NAY; MOTION CARRIED.

PUBLIC HEARING & DISCUSS/ADOPT ORD #10-12, CODE OF ETHICS

Blaine Oborn explained that the USDA requires that the City have this on file. He noted that this could be referred by to the Finance Committee. City Atty. Phil Parkinson added that they could postpone till next month’s meeting and have the public hearing then.

MOTION BY YOUNG, SECOND BY SALZER, TO POSTPONE ADOPTION OF ORD #10-12 CODE OF ETHICS, AND TO REFER BACK TO THE FINANCE COMMITTEE. 8 AYE, 0 NAY; MOTION CARRIED.

CITY ADMINISTRATOR’S REPORT - Nothing to report.

COMMITTEE, BOARD AND COMMISSION REPORTS

Airport Commission - Nothing to Report.

Animal Shelter Advisory Committee – Nothing to Report.

CDBG Housing Rehabilitation Committee – Nothing to Report.

Finance, Wage & Salary

Approve Inspection Dept. Office Changes & Corresponding Budget Revision

Chief Terry Williams explained that this was regarding safety issues for employees. Payment does not come from the General Fund.

MOTION BY PELLETIER SECOND BY YOUNG TO APPROVE INSPECTION DEPT. OFFICE CHANGES & CORRESPONDING BUDGET REVISION. 8 AYE, 0 NAY; MOTION CARRIED.

Approve payment Request by Teschendorf & Shrock, Inc. for City Hall Renovation Project for $55,339.22

The project is finishing up with some stucco work to be done yet.

MOTION BY PELLETIER SECOND BY SALZER,TO APPROVE PAYMENT REQUEST BY TESCHENDORF & SHROCK, INC. FOR CITY HALL RENOVATION PROJECT FOR $55,339.22. 8 AYE, 0 NAY, MOTION CARRIED.

Approve MSA Professional Service Agreement not to exceed $5,000.00 for Printpack Economic Development (TIF #9) Project Phase 2 – Design & Construction Services for Temporary Access.

MOTION BY PELLETIER SECOND BY KIRBY, TO APPROVE MSA PROFESSIONAL SERVICE AGREEMENT NOT TO EXCEED $5,000.00 FOR PRINTPACK ECONOMIC DEVELOPMENT (TIF #9) PROJECT PHASE 2 – DESIGN & CONSTRUCTION SERVICES FOR TEMPORARY ACCESS. 8 AYE, 0 NAY, MOTION CARRIED.

Approve Bills & Claims.

MOTION BY PELLETIER SECOND BY GLEASON, TO APPROVE BILLS AND CLAIMS IN THE AMOUNT OF $3,622,456.68. 8 AYE, 0 NAY, MOTION CARRIED.

Golf Course – Nothing to Report

Historic Preservation – Nothing to Report.

Parks, Buildings & Grounds

Approve MSA Engineering Service Agreement not to exceed $20,000 for Proposed Boyce Dr. Boat Landing Phase 1 – Preliminary Design

Blaine Oborn explained that this will be a capital project loan, with a grant of up to 95%. Lee Emmer of MSA noted that this should start in the Fall of 2013 or in 2014.

MOTION BY KIRBY, SECOND BY YOUNG, TO APPROVE MSA ENGINEERING SERVICE AGREEMENT NOT TO EXCEED $20,000 FOR PROPOSED BOYCE DR. BOAT LANDING PHASE 1 – PRELIMINARY DESIGN. 8 AYE, 0 NAY; MOTION CARRIED.

Planning Commission

Consideration of Certified Survey – Lot Division for Wisconsin Public Service Property Located off of Davenport St & Sutliff Ave.

Oborn recommended sending this back to Planning Commission for further evaluation.

MOTION BY SAUER, SECOND BY SALZER, TO SEND CONSIDERATION OF CERTIFIED SURVEY – LOT DIVISION FOR WISCONSIN PUBLIC SERVICE PROPERTY LOCATED OFF OF DAVENPORT ST & SUTLIFF AVE, BACK TO PLANNING COMMISSION FOR FURTHER EVALUATION. 8 AYE, 0 NAY; MOTION CARRIED.

Protection of Persons and Property

Late bartender applications - all approved by the Police Department.

MOTION BY YOUNG SECOND BY SALZER, TO APPROVE LATE BARTENDER APPLICATIONS OF KAITLYN MILES, 7459 LAKE REST RD, AND RUSS MELLINGER, N658 FAIRVIEW RD, MERRILL. 8 AYE, 0 NAY; MOTION CARRIED.

Approve Citywide Deer Hunt in Conjunction with the WI-DNR

MOTION BY YOUNG, SECOND BY SAUER, TO APPROVE THE CITYWIDE DEER HUNT IN CONJUNCTION WITH THE WI-DNR. 8 AYE, 0 NAY; MOTION CARRIED.

Public Works

Approve 2012 Lincoln St. Sidewalk Assessments Report & Corresponding Resolution # 2012-29, Final Resolution Authorizing Sidewalk Improvements & Levying Special Assessments Against Benefitted Property.

Mark Pelletier noted that the assessment would not include the bike path.

MOTION BY PELLETIER, SECOND BY SAUER, TO APPROVE RESOLUTION NO. 2012-29, FINAL RESOLUTION AUTHORIZING SIDEWALK IMPROVEMENTS & LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITTED PROPERTY. 8 AYE, 0 NAY; MOTION CARRIED.

Authorize Oneida County Biking & Walking Trails Council to install a 5 ft. wide sidewalk on the Northwest side of Eisenhower Pkwy.

Randy Knuth explained that this would go to WalMart’s back building, and the DOT would install pedestrian crossing lights at their cost. Mark Pelletier added that this would be at no expense to the City or taxpayers. The City will be responsible for the maintenance of it. Blaine noted that this would benefit a need for people to safely cross from the hospital area to the shopping area safely.

MOTION BY PELLETIER, SECOND BY BELLIVEAU, TO APPROVE AUTHORIZING ONEIDA CO. BIKING & WALKING TRAILS COUNCIL TO INSTALL A 5 FT WIDE SIDEWALK ON THE NORTHWEST SIDE OF EISENHOWER PKWY. 8 AYE, 0 NAY; MOTION CARRIED.

Water & Wastewater Utilities;

Approve remaining pay requests for wastewater treatment project (Old Plant Demolition - $43,870.66).

MOTION BY PELLETIER SECOND BY KIRBY TO APPROVE REMAINING PAY REQUEST FOR WASTEWATER TREATMENT PROJECT (OLD PLANT DEMOLITION - $43,870.66). 8 AYE, 0 NAY; MOTION CARRIED.

Approve ratification of Work Directives & Change Orders for the Wastewater Treatment Project. Change Order for final Contract C balance is a $162,618.62 deduct.

Tim Kingman explained that this was money that the City would have had to use.

MOTION BY PELLETIER SECOND BY SALZER, TO APPROVE RATIFICATION OF WORK DIRECTIVES & CHANGE ORDERS FOR THE WASTEWATER TREATMENT PROJECT IN THE AMOUNT OF A $162,618.62 DEDUCT. 8 AYE, 0 NAY; MOTION CARRIED.

Approve Resolution #2012-27, Use of City Owned Property for Water & Sewer Utilities

MOTION BY PELLETIER SECOND BY KIRBY, TO APPROVE RESOLUTION #2012-27, USE OF CITY OWNED PROPERTY FOR WATER & SEWER UTILITIES. 8 AYE, 0 NAY, MOTION TO APPROVE CARRIED.

Approve Town & Country Engineering Service Agreement not to exceed $174,000 for Design & Bidding Services for the Water Main & Sewer Extension to the Printpack Site.

MOTION BY PELLETIER SECOND BY BELLIVEAU, TO APPROVE TOWN & COUNTRY ENGINEERING SERVICE AGREEMENT NOT TO EXCEED $174,000 FOR DESIGN & BIDDING SERVICES FOR THE WATER MAIN & SEWER EXTENSION TO THE PRINTPACK SITE. 8 AYE, 0 NAY; MOTION CARRIED.

Approve Cardno Entrix Geophysical Exploration services not to exceed $15,000 and Town & Country Engineering Services not to exceed $5,000 for SE Area Development New Well Study.

MOTION BY PELLETIER SECOND BY KIRBY, TO APPROVE CARDNO ENTRIX GEOPHYSICAL EXPLORATION SERVICES NOT TO EXCEED $15,000, & TOWN & COUNTRY ENGINEERING SERVICES NOT TO EXCEED $5,000 FOR SE AREA DEVELOPMENT NEW WELL STUDY. 8 AYE, 0 NAY; MOTION CARRIED.

Approve AECOM soil exploration services not to exceed $17,000 for the Water Main & Sewer Extension to the Printpack Site

MOTION BY PELLETIER, SECOND BY SALZER, TO APPROVE AECOM SOIL EXPLORATION SERVICES NOT TO EXCEED $17,000 FOR THE WATER MAIN & SEWER EXTENSION TO THE PRINTPACK SITE. 8 AYE, 0 NAY; MOTION CARRIED.

NEW BUSINESS

Discuss/Approve Resolution 2012-28, Creating, Describing & Making Certain Findings, & Approving Project Plan for Tax Incremental Financing District #9.

Blaine explained that they already have contract dependent on this TIF#9 financing, and the can defer 4.5 million in incentives. They are looking for 5.7 of this amount initially. Phil Parkinson noted that they added $600,000 to the project plan.

MOTION BY BELLIVEAU, SECOND BY SALZER, TO APPROVE RESOLUTION 2012-28, CREATING, DESCRIBING & MAKING CERTAIN FINDINGS, & APPROVING PROJECT PLAN FOR TAX INCREMENTAL FINANCING DISTRICT #9. 8 AYE, 0 NAY; MOTION CARRIED.

Approve Resolution #2012-30, Designating Public Depository & Authorizing withdrawal of City Moneys for BMO Harris Bank.

MOTION BY PELLETIER SECOND BY GLEASON, TO APPROVE TO APPROVE RESOLUTION #2012-30, DESIGNATING PUBLIC DEPOSITORY & AUTHORIZING WITHDRAWAL OF CITY MONEYS FOR BMO HARRIS BANK. 8 AYE, 0 NAY; MOTION CARRIED.

MISCELLANEOUS BUSINESS AND FUTURE AGENDA REQUESTS

Possible Executive Session pursuant to Wisconsin Statutes Section 19.85(1)(e), regarding negotiations to discuss/approve:

a.  Tax Incremental Finance Dist. #9 Development Agreement – Printpack, Inc. Project

b.  2013 Operating Agreement Between City of Rhinelander & Restaurant Operator (Mulligan’s Restaurant), Relative to the Rhinelander Municipal Golf Course & Clubhouse.

c.  2014 Operating Agreement Between City of Rhinelander & Golf Professional (Daniel Buckley) Relative to the Rhinelander Municipal Golf Course & Clubhouse (Not including the Restaurant)

MOTION BY BELLIVEAU, SECOND BY KIRBY, TO CONVENE INTO EXECUTIVE SESSION PURSUANT TO WI. STATUTES SECT. 19.85(1)(E), REGARDING NEGOTIATIONS . 8 AYE, 0 NAY; MOTION CARRIED.

MOTION BY YOUNG, SECOND BY SAUER, TO ADJOURN FROM EXECUTIVE SESSION & RECONVENE IN OPEN SESSION. 8 AYE, 0 NAY; MOTION CARRIED.

MOTION BY PELLETIER, SECOND BY GLEASON, TO APPROVE NON-RENEWAL OF OPERATING AGREEMENT FOR SECOND SUBSEQUENT SEASON BETWEEN CITY OF RHINELANDER & GOLF PROFESSIONAL (DANIEL BUCKLEY) RELATIVE TO THE RHINELANDER MUNICIPAL GOLF COURSE & CLUBHOUSE (NOT INCLUDING THE RESTAURANT). 8 AYE, 0 NAY; MOTION CARRIED

MOTION BY YOUNG, SECOND BY KELLY, TO NEGOTIATE AN ALTERNATE RELATIONSHIP WITH GOLF PROFESSIONAL (DANIEL BUCKLEY) BY DECEMBER 11, 2012. 8 AYE, 0 NAY; MOTION CARRIED.

ADJOURNMENT

MOTION BY KELLY, SECOND BY YOUNG, TO ADJOURN THE COMMON COUNCIL MEETING OF SEPTEMBER 10, 2012 AT 8:40 P.M.. 8 AYE, 0 NAY, MOTION CARRIED.

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Approved by Received by

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