CITY OF RHINELANDER COMMON COUNCIL - MINUTES

MONDAY, January 13, 2014 - 6:00 P.M.

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

CALL TO ORDER & INVOCATION

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.

ROLL CALL

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

Absent: Joe Salzer

OTHERS PRESENT

Mayor Dick Johns, City Administrator Blaine Oborn, Police Chief Mike Steffes, Fire Chief Terry Williams, Golf Course Superintendent Joe Andersen, Water/Wastewater /Public Works Director Tim Kingman, Street Superintendent Tony Gilman, Finance Director/Treasurer Julie Ostrander, Parks Director Gunder Paulsen, Kyle Rogers - Northwoods River News, Ken Krall of WXPR, City Attorney Carrie Miljevich, Ed Hughes, Library, Marta Kwiatkowski, School District, Matthew Woller of Graphic House.

APPROVAL OF MINUTES

MOTION BY BELLIVEAU, SECOND BY KELLY, TO APPROVE COMMON COUNCIL MEETING MINUTES OF DECEMBER 9, 2013. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

APPEARANCES BY CITIZENS,COMMUNICATIONS, AND PETITIONS - None

CONSENT AGENDA

BARTENDER LICENSES

None.

SET FOR PUBLIC HEARING ORDINANCES #01-14, ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS & #02-14 RECOMMENDED MODICIFATIONS TO STORMWATER UTILITY PROPOSAL

MOTION BY PELLETIER, SECOND BY KIRBY, TO SET FOR PUBLIC HEARINGORDINANCES #01-14, ANIMAL SHELTER ADVISORY COMMITTEE MEMBERS & #02-14 RECOMMENDED MODICIFATIONS TO STORMWATER UTILITY PROPOSAL. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

UNFINISHED BUSINESS AND PUBLIC HEARINGS - Nothing to report.

CITY ADMINISTRATOR’S REPORT

Tim Kingman has accepted the vice president position for TMDL.

Blaine sent out an email inviting everyone to the business incubator.

He thanked Mike Steffes & the Police Department for dealing with some difficult cases

Blaine attended the Governor’s Conference, and was able to network. Julie and Blaine will be attending the Ehlers conference.

He is continuing to look at going paperless, and is leaning towards the Chrome book.

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 PRINTPACK REQUEST FOR TIF #9 INCENTIVE PAYMENTS

MOTION BY PELLETIER, SECOND BY GLEASON, TO APPROVEPRINTPACK REQUEST FOR TIF #9 INCENTIVE PAYMENTS. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED. (A)

APPROVE 2014 CITYWIDE CAPITAL BORROWING & REFINANCING

MOTION BY PELLETIER, SECOND BY BELLIVEAU, TO APPROVE RESOLUTION #2014-02 &2014 CITYWIDE CAPITAL BORROWING & REFINANCING. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

Resolution No. #2014-02

Council Member Pelletier introduced the following resolution and moved its adoption:

Resolution Providing for the Sale of$1,860,000 General Obligation Promissory Notes, Series 2014A

A.WHEREAS, the City Council of the City of Rhinelander, Wisconsin, has heretofore determined that it is necessary and expedient to issue the City's $1,860,000 General Obligation Promissory Notes, Series 2014A (the "Notes”) to provide financing for the City’s 2014 Capital Improvement Projects and refinancing and restructuring of the Golf Course portion of the General Obligation Promissory Notes of 2007; and

B.WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rhinelander, Wisconsin, as follows:

1.Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Notes.

2.Meeting; Proposal Opening. The City Council shall meet at 6:00 pm on February 10, 2014, for the purpose of considering the proposals for and awarding the sale of the Notes.

3.Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Notes and to execute and deliver it on behalf of the City upon its completion.

The motion for the adoption of the foregoing resolution was duly seconded by Council Member Belliveau and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Belliveau, Gleason, Kelly, Kirby, Pelletier, Sauer, & Young. Salzer was absent.

and the following voted against the same: None

Whereupon said resolution was declared duly passed and adopted.

Dated this 13th day of January, 2014.

APPROVE BILLS & CLAIMS

MOTION BY PELLETIER, SECOND BY KELLY, TO APPROVE BILLS AND CLAIMS IN THE AMOUNT OF $4,066,496.59. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

Golf Course

APPROVE NORTHWOOD GOLF COURSE JOINING ONEIDA COUNTY TAVERN LEAGUE AT A COST NOT TO EXCEED $125.00/YEAR

MOTION BY KELLY, SECOND BY YOUNG, TO REFER BACK TO THE GOLF COURSE COMMITTEE, NORTHWOOD GOLF COURSE JOINING ONEIDA COUNTY TAVERN LEAGUE AT A COST NOT TO EXCEED $125.00/YEAR. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

Historic Preservation – Nothing to Report

Parks, Buildings & Grounds

APPROVE CITY HALL SECURITY CAMERA FROM PROTECH CONTRACTING, LLC AT A COST NOT TO EXCEED $4,000

MOTION BYBELLIVEAU, SECOND BY PELLETIER, TOAPPROVE CITY HALL SECURITY CAMERA FROM PROTECH CONTRACTING, LLC AT A COST NOT TO EXCEED $4,000. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

Planning Commission

APPROVE CONDITIONAL USE PERMIT FOR REV. DAN ROGERS, AGENT FOR PALM ELECTRIC SERVICE, OWNER OF PROPERTY LOCATED AT 236 THAYER ST. FOR THE PURPOSE OF LOCATING A RELIGIOUS INSTITUTE ON THE PREMISE. PROPERTY IS B-2 (CENTRAL BUSINESS DISTRICT)

MOTION BY KIRBY, SECOND BY KELLY, TO APPROVE CONDITIONAL USE PERMIT FOR REV. DAN ROGERS, AGENT FOR PALM ELECTRIC SERVICE, OWNER OF PROPERTY LOCATED AT 236 THAYER ST. FOR THE PURPOSE OF LOCATING A RELIGIOUS INSTITUTE ON THE PREMISE. PROPERTY IS B-2 (CENTRAL BUSINESS DISTRICT). 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

APPROVE CONDITIONAL USE PERMIT FOR ASPIRUS RHINELANDER CLINIC, 1630 CHIPPEWA DR., ALONG WITH RHINELANDER SCHOOL DISTRICT, 665 COOLIDGE AVE, FOR THE PURPOSE OF LOCATING ADDITIONAL SIGNAGE ON THE PREMISE FOR THE NEW ASPIRUS SCHOOL DISTRICT CLINIC LOCATION, AS WELL AS SIGNAGE FOR THE SCHOOL ITSELF. PROPERTY IS ZONED R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT)

MOTION BY PELLETIER, SECOND BY KIRBY, TO APPROVE CONDITIONAL USE PERMIT FOR ASPIRUS RHINELANDER CLINIC, 1630 CHIPPEWA DR., ALONG WITH RHINELANDER SCHOOL DISTRICT, 665 COOLIDGE AVE, FOR THE PURPOSE OF LOCATING ADDITIONAL SIGNAGE ON THE PREMISE FOR THE NEW ASPIRUS SCHOOL DISTRICT CLINIC LOCATION, AS WELL AS SIGNAGE FOR THE SCHOOL ITSELF. PROPERTY IS ZONED R-1 (SINGLE FAMILY RESIDENTIAL DISTRICT). 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED. (B

APPROVE COMPREHENSIVE PLAN AGREEMENT

MOTION BY BELLIVEAU, SECOND BY SAUER, TO APPROVE COMPREHENSIVE PLAN AGREEMENT. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

Protection of Persons and Property

LATE BARTENDER APPLICATIONS

MOTION BY YOUNG, SECOND BY KELLY, TO APPROVE THE LATE BARTENDER APPLICATIONS OF JEANNINE L. STROEDE, DAVID J. SPARKS, KEVIN E. TROMP, HARVEY A. MOORE, JR., ROBERT WALKOWSKI, MARY A. SCHILLEMAN, AND ROGER E. SPENCER. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED

APPROVE ST. PATRICK’S DAY PARADE

MOTION BY YOUNG, SECOND BY SAUER,TO APPROVE ST. PATRICK’S DAY PARADE. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

APPROVE LAW ENFORCEMENT MEMORIAL IN FRONT OF POLICE DEPARTMENT

MOTION BY YOUNG, SECONDBYGLEASON, TO APPROVELAW ENFORCEMENT MEMORIAL IN FRONT OF POLICE DEPARTMENT. 7AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

APPROVE RESOLUTION #2014-01, AUTHORIZING A MUTUAL AID AGREEMENT PARTICIPATION IN NORTH CENTRAL EMERGENCY RESPONSE TEAM MUTUAL ASSISTANCE TEAM

MOTION BY YOUNG, SECOND BY PELLETIER, TO APPROVE RESOLUTION #2014-01, AUTHORIZING A MUTUAL AID AGREEMENT PARTICIPATION IN NORTH CENTRAL EMERGENCY RESPONSE TEAM MUTUAL ASSISTANCE TEAM. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

RESOLUTION #2014-01

A Resolution Authorizing a Mutual Aid AgreementParticipation in North Central Emergency Response Team Mutual Assistance Team

WHEREAS, The City of Rhinelander and other participating agencies in this agreement are so located that is to the advantage of each to extend aid to the other with respect to the delivery of law enforcement services; and

WHEREAS, it is recognized that the use of police officers to perform duties outside the territorial limits of the municipality by whom they are employed may be desirable and may be required under certain circumstances to protect and preserve the common health, safety and welfare; and

WHEREAS, the City of Rhinelander and other participating agencies deem mutual aid law enforcement services to be in the best interest of their respective communities; and

WHEREAS, authority is granted to enter into the mutual aid agreement pursuant to the law of the State of Wisconsin in Section 66.305;

NOW, THEREFORE, BE IT RESOLVED that the Common Council for the City of Rhinelander hereby authorizes the Mayor, Clerk, and Police Chief to execute the agreement, a copy of which is attached to this resolution.

BE IT FURTHER RESOLVED that all City of Rhinelander officials and employees are hereby authorized and directed to do and perform all that is necessary to successfully carry out the terms of this resolution.

Public Works

APPROVE PURCHASE OF 60” SNOW BLOWER FOR $3,000 & CORRESPONDING BUDGET REVISION INCREASING PENALTY REVENUE & PUBLIC WORKS EQUIPMENT IN 2014 BUDGETS

MOTION BY SAUER, SECOND BY KIRBY, TO APPROVE PURCHASE OF 60” SNOW BLOWER FOR $3,000 & CORRESPONDING BUDGET REVISION INCREASING PENALTY REVENUE & PUBLIC WORKS EQUIPMENT IN 2014 BUDGETS. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

Water & Wastewater Utilities;

DENY/APPROVE CLAIM AGAINST CITY OF RHINELANDER IN THE AMOUNT OF $2,382.30 FOR ALLEGED DAMAGES AS A RESULT OF CITY CLEANING OUT A CLOG IN HOUSE NEXT DOOR TO THE CLAIMANT

MOTION BY BELLIVEAU, SECOND BY KELLY, TO DENY CLAIM AGAINST CITY OF RHINELANDER IN THE AMOUNT OF $2,382.30 FOR ALLEGED DAMAGES AS A RESULT OF CITY CLEANING OUT A CLOG IN HOUSE NEXT DOOR TO THE CLAIMANT. 7AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

APPROVE AWARD OF SELECTED VAC TRUCK EQUIPMENT SUPPLY PROPOSAL TO BRUCE MUNICIPAL EQUIPMENT WITH COST NOT TO EXCEED $380,000

MOTION BY KELLY, SECOND BY SAUER, TO APPROVE AWARD OF SELECTED VAC TRUCK EQUIPMENT SUPPLY PROPOSAL TO BRUCE MUNICIPAL EQUIPMENT WITH COST NOT TO EXCEED $380,000, AND THE MONEY TO COME FROM THE TREATMENT PLANT PROJECT. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

APPROVE PROVIDING NEW WATER SERVICE AS REQUESTED BY NEW CUSTOMER (GOLDEN HARVEST MARKET) LOCATED AT 3125 COUNTY RD G CONTINGENT UPON LEGAL REVIEW OF AGREEMENT EXECUTED WITH STIPULATIONS REQUIRING FUTURE ANNEXATION & POTENTIAL ASSIGNMENT OF OUT OF AREA SERVICE CHARGES

MOTION BY BELLIVEAU, SECOND BY KIRBY, TO APPROVE PROVIDING NEW WATER SERVICE AS REQUESTED BY NEW CUSTOMER (GOLDEN HARVEST MARKET) LOCATED AT 3125 COUNTY RD G CONTINGENT UPON LEGAL REVIEW OF AGREEMENT EXECUTED WITH STIPULATIONS REQUIRING FUTURE ANNEXATION & POTENTIAL ASSIGNMENT OF OUT OF AREA SERVICE CHARGES. 7AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED. (C)

APPROVE REQUESTED RHINELANDER/ONEIDA COUNTY AIRPORT STORMWATER UTILITY CREDIT CONTINGENT UPON PROPERTY OWNER SUBMITTAL OF LETTER OF COMMITMENT & APPROVAL OF PROPOSED STORMWATER UTILITY ORDINANCE CHANGE

MOTION BY YOUNG, SECOND BY PELLETIER, TO APPROVE REQUESTED RHINELANDER/ONEIDA COUNTY AIRPORT STORMWATER UTILITY CREDIT CONTINGENT UPON PROPERTY OWNER SUBMITTAL OF LETTER OF COMMITMENT & APPROVAL OF PROPOSED STORMWATER UTILITY ORDINANCE CHANGE. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED. (D)

MISCELLANEOUS BUSINESS

MOTION BY SAUER, SECOND BY GLEASON, TO ADJOURN INTO EXECUTIVE SESSION PURSUANT TO WI STATE. §19.85(1)(C,E,F,&G). 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

POSSIBLE EXECUTIVE SESSION PURSUANT TO WI STATE. §19.85(1)(C,E,F,&G) TO:

CONFER WITH LEGAL COUNSEL RELATED TO RHINELANDER CITY EMPLOYEES, LOCAL NO. 1226, OF THE AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES UNION

No action taken.

DISCUSS/APPROVE CITY ADMINSTRATOR EVALUATION

No action taken.

APPROVAL OF MINUTES

MOTION BY KIRBY, SECOND BY KELLY, TO APPROVE THE EXECUTIVE SESSION MINUTES OF DECEMBER 9, 2013. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

RETURN TO OPEN SESSION

MOTION BYKIRBY, SECOND BY YOUNG, TO ADJOURN FROM EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED.

NEW BUSINESS & FUTURE AGENDA REQUESTS

APPROVE MAYORAL APPOINTMENT OF SUE OTIS TO THE RHINELANDER ANIMAL SHELTER ADVISORY COMMITTEE

MOTION BYYOUNG, SECOND BYGLEASON, TO APPROVE MAYORAL APPOINTMENT OF SUE OTIS TO THE RHINELANDER ANIMAL SHELTER ADVISORY COMMITTEE. 7 AYE, 0 NAY, 1 ABSENT (SALZER); MOTION CARRIED

MOTION BY KELLY, SECOND BY YOUNG, TO ADJOURN THE COMMON COUNCIL MEETING OF January 13, 2014, AT 8:37 P.M.; MOTION CARRIED.

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Approved by

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Received by

Comments for Common Council

January 13, 2014

(A) Blaine noted that they had estimated a half million dollars remaining. Nothing extra will go to Printpack. This ispending their approval. He recommended that they approve pending the approval of the TEA grant by the DOT.

(BTerry Williams noted that all of their signage fits within our guidelines. Mark Pelletier asked if they would be regular permitted signs if it wasn’t in residential. Terry said if it was business zoning they could have many billboards out front. Blaine added that there was no conflict and felt that the signage would work well there.

(C) Tim Kingman explained that this area is outside of the service area, and they need Council approval. Annexation does not appear to be viable. They are too far out, and we would have to get others in as well. We would like to issue an agreement to let the property owner know that they will be subject to annexation and an upcharge for services. Blaine noted that we will evaluate when we do the increase.

Alex Young thought that one concern is that we will be providing service to an outside area. He felt that If you want City service you should annex into the City. We can’t keep extending water service to those outside of the City.

Blaine explained that this is a connection to an existing line, where the neighbors are already getting the service. In the 80’s they had not made annexation a contingency. If they need sewer at some point they will have to annex into the City.

Alex felt that we need to look at out of area service charges.

(D) Tim Kingman explained that the airport has natural ponds which would qualify for credit. When they used the credit manual procedures, they got their expense down to 5% of the full charge. They have declared their natural ponds as detention areas. Annual expense would be in the 2500 in 2015. They are taking care of all of their storm water. We are asking for a letter of commitment from them saying they will use these ponds.

Alex Young noted that the fee change is substantial. He asked if there would be changes in the budget. We gave the airport that in their budget contingent on how this shook out with their budget. Will we see any changes in either budget? Blaine noted that we paid half of our 1/3. We will work through the budget process with them. Young stated that we want them to know that we did not give them the budget increase for other things. Blaine stated that our part would be half of $2500 and should be $800 in 2014. We did budget a certain amount for stormwater utility. We would have to evaluate this issue. We raised it anticipating the credit. Tim Kingman noted that the overall design was to wait to 2015 to evaluate. We may have to look at it then. Steve Sauer asked if we didn’t put a cap on the amount of credit anyone could get. Tim said yes, up to 95% reduction in their expense. It is allowable. Residential cannot apply for the credit.