CITY OF RHINELANDER COMMON COUNCIL MONDAY, SEPTEMBER 13, :00 P.M. City Hall Council Chambers 135 S. Stevens St.

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1 CITY OF RHINELANDER COMMON COUNCIL MONDAY, SEPTEMBER 13, :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 p.m. Proper notification was given to the press and the public. ROLL CALL The following Alderpersons were present: Belliveau, Freudenberg (arrived at 6:07 p.m.), Gleason, Kelly, Paszak, Pelletier, Salzer and Young. Others present: Mayor Dick Johns, City Administrator Bill Bell, Clerk/Treasurer Mary Richardson, Ken Krall, City Attorney Phil Parkinson, and Administrative Assistant Lisa Kuczmarski. APPROVAL OF MINUTES MOTION BY ALD. GLEASON, SECOND BY ALD. SALZER, TO APPROVE THE COMMON COUNCIL MEETING MINUTES OF 7/12/10. 7 AYE, 0 NAY, 1 ABSENT (FREUDENBERG); MOTION BY ALD. SALZER, SECOND BY ALD. KELLY, TO APPROVE THE COMMON COUNCIL MEETING MINUTES OF 7/31/10. 6 AYE, 0 NAY, 1 ABSTENTION (GLEASON), 1 ABSENT (FREUDENBERG); MOTION BY ALD. SALZER, SECOND BY ALD. GLEASON, TO APPROVE THE COMMON COUNCIL MEETING MINUTES OF 8/9/10. 7 AYE, 0 NAY, 1 ABSENT (FREUDENBERG); MOTION BY ALD. GLEASON, SECOND BY ALD. SALZER, TO APPROVE THE COMMON COUNCIL MEETING MINUTES OF 8/23/10. 7 AYE, 0 NAY, 1 ABSENT (FREUDENBERG); APPEARANCES BY CITIZENS None. COMMUNICATIONS AND PETITIONS None. CONSENT AGENDA MOTION BY ALD. GLEASON, SECOND BY ALD. SALZER, TO APPROVE THE BARTENDER LICENSE APPLICATIONS OF MELANIE G. SLONSKI, 3453 ROCKY SHORES RD; SHANE S. LEIGHTON, 103 E. HARVEY ST; AND JACKIE POND, 624 A PELICAN ST. 7 AYE, 0 NAY, 1 ABSENT (FREUDENBERG); COMMITTEE, BOARD AND COMMISSION REPORTS Protection of Persons and Property Ald. Freudenberg arrived at 6:07 p.m. (A) MOTION BY ALD. PASZAK, SECOND BY ALD. YOUNG, TO DISCONTINUE THE CITY DEER HUNT FOR AYE, 0 NAY; [1]

2 Airport Commission Nothing to report. Board of Public Works Nothing to report. Finance, Wage & Salary MOTION BY ALD. PELLETIER, SECOND BY ALD. GLEASON, TO APPROVE PAYMENT OF CLAIMS IN THE AMOUNT OF $2,725, ROLL CALL: 8 AYE, 0 NAY; (B) (C) MOTION BY ALD. PELLETIER, SECOND BY ALD. BELLIVEAU, TO TABLE APPROVAL OF OPTION AND LEASE AGREEMENT WITH AT&T CELLULAR. 8 AYE, 0 NAY; MOTION BY ALD. PELLETIER, SECOND BY ALD. FREUDENBERG, TO ADOPT RESOLUTION NO , APPROVE BORROWING $500,000 FROM THE STATE TRUST FUND FOR FINANCING ECONOMIC DEVELOPMENT IN CONJUNCTION WITH THE ONEIDA COUNTY ECONOMIC DEVELOPMENT CORPORATION. ROLL CALL: 8 AYE, 0 NAY; MOTION BY ALD. PELLETIER, SECOND BY ALD. PASZAK, TO APPROVE CONTRACT WITH BAILEY EDWARD DESIGN, INC. FOR CITY HALL RENOVATIONS INVESTIGATIVE AND PRE DESIGN SERVICES AT A COST OF $7, ROLL CALL: 8 AYE, 0 NAY; MOTION BY ALD. PELLETIER, SECOND BY ALD. GLEASON, TO APPROVE AMBULANCE BILLING FEE STRUCTURE. ROLL CALL: 8 AYE, 0 NAY; MOTION BY ALD. PELLETIER, SECOND BY ALD. GLEASON, TO APPROVE CHANGE ORDER #5 FOR THE FIRE/EMS EXPANSION PROJECT. ROLL CALL: 8 AYE, 0 NAY; MOTION BY ALD. PELLETIER, SECOND BY ALD. SALZER, TO APPROVE REVISED AUDIT PAGES. ROLL CALL: 8 AYE, 0 NAY; Golf Course Nothing to report. Parks, Buildings & Grounds Nothing to report. Planning Commission MOTION BY ALD. FREUDENBERG, SECOND BY ALD. PELLETIER, TO APPROVE CONDOMINIUM PLAT SURVEY FOR DOCTORS PARK, 550 E. TIMBER DR. 8 AYE, 0 NAY; MOTION BY ALD. PELLETIER, SECOND BY ALD. FREUDENBERG, TO APPROVE CERTIFIED SURVEY MAP FOR RHINELANDER DEVELOPMENT GROUP, LLC (1218, 1220, 1222 LINCOLN ST.) 8 AYE, 0 NAY; Protection of Persons and Property MOTION BY ALD. YOUNG, SECOND BY ALD. KELLY, APPROVE THE LATE BARTENDER APPLICATIONS OF LORETTA P. GUOLEE, 1415 DOROTHY ST; DANIEL R. HUEMPFNER, 202 HIGHVIEW PKWY; DONNA M. KLEIN, 202 MILL ST, EAGLE RIVER; JOSHAWA MCGESHICK, 4020 BOZILE RD; AND HEATHER A. WITTROCK, 1305 W. PHILLIP ST. 8 AYE, 0 NAY; [2]

3 (D) MOTION BY ALD. GLEASON, SECOND BY ALD. FREUDENBERG, TO APPROVE PROVIDING STAND BY AMBULANCE SERVICE FOR THE RHINELANDER SCHOOL DISTRICT VARSITY FOOTBALL GAMES BY OFF DUTY PERSONNEL, WITH NO CHARGE TO THE SCHOOL DISTRICT. ROLL CALL: 8 AYE, 0 NAY; Water & Wastewater Utilities MOTION BY ALD. PELLETIER, SECOND BY ALD. SALZER, TO APPROVE RATIFICATION OF PAY REQUEST #9 IN THE AMOUNT OF $945, FOR THE WASTEWATER TREATMENT PLANT PROJECT. ROLL CALL: 8 AYE, 0 NAY; MOTION BY ALD. PELLETIER, SECOND BY ALD. GLEASON, TO APPROVE RATIFICATION OF CHANGE ORDER #2 IN THE AMOUNT OF $6, FOR THE WASTEWATER TREATMENT PLANT PROJECT. ROLL CALL: 8 AYE, 0 NAY; MOTION MOTION BY ALD. PELLETIER, SECOND BY ALD. SALZER, TO APPROVE RATIFICATION OF CHANGE ORDER #3 IN THE AMOUNT OF $6, FOR THE WASTEWATER TREATMENT PLANT PROJECT. ROLL CALL: 8 AYE, 0 NAY; MOTION MOTION BY ALD. PELLETIER, SECOND BY ALD. PASZAK, TO AUTHORIZE PURCHASE OF A CRANE TRUCK AT A COST NOT TO EXCEED $34, ROLL CALL: 8 AYE, 0 NAY; NEW BUSINESS (E) MOTION BY ALD. YOUNG, SECOND BY ALD. PASZAK, TO WAIVE PUBLIC HEARING AND ADOPT ORD , AMENDING SEC GENERAL PENALTY; CONTINUING VIOLATIONS. 8 AYE, 0 NAY; MOTION BY ALD. YOUNG, SECOND BY ALD. SALZER, TO WAIVE PUBLIC HEARING AND ADOPT ORD , AMENDING SEC PENALTIES. 8 AYE, 0 NAY; MOTION BY ALD. YOUNG, SECOND BY ALD. GLEASON, TO WAIVE PUBLIC HEARING AND ADOPT ORD , AMENDING SEC PENALTY (REGULATIONS OF GARBAGE DISPOSAL). 8 AYE, 0 NAY; MOTION BY ALD. YOUNG, SECOND BY ALD. KELLY, TO WAIVE PUBLIC HEARING AND ADOPT ORD , HANDICAP PARKING STALL ON ANDERSON ST. 8 AYE, 0 NAY; MOTION BY ALD. YOUNG, SECOND BY ALD. GLEASON, TO WAIVE PUBLIC HEARING AND ADOPT ORD , CREATING SEC PENALTY (SKATEBOARD AND ROLLER SKATE REGULATIONS). 8 AYE, 0 NAY; MOTION MOTION BY ALD. YOUNG, SECOND BY ALD. GLEASON, TO WAIVE PUBLIC HEARING AND ADOPT ORD , AMENDING SEC PROHIBITION OF SMOKING IN PUBLIC PLACES AND PRIVATE WORKPLACES, INCLUDING RESTAURANTS AND BARS. 8 AYE, 0 NAY; MOTION BY ALD. YOUNG, SECOND BY ALD. GLEASON, TO WAIVE PUBLIC HEARING AND ADOPT ORD , AMENDING SEC PENALTY (SETTING FORFEITURE LEVELS FOR VARIOUS OFFENSES). 8 AYE, 0 NAY; MOTION BY ALD. YOUNG, SECOND BY ALD. GLEASON, TO WAIVE PUBLIC HEARING AND ADOPT ORD , AMENDING SEC PENALTY (INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE PROVISIONS). 8 AYE, 0 NAY; [3]

4 MOTION BY ALD. YOUNG, SECOND BY ALD. KELLY, TO WAIVE PUBLIC HEARING AND ADOPT ORD , AMENDING SEC PENALTY (DOGS AND CATS). 8 AYE, 0 NAY; MOTION BY ALD. SALZER, SECOND BY ALD. GLEASON, TO APPROVE MAYORAL APPOINTMENT OF CYNTHIA A. HERUM, 517 WISCONSIN AVENUE, AS AN ELECTION OFFICIAL FOR 1/1/10 12/13/11. ROLL CALL: 8 AYE, 0 NAY; MOTION MISCELLANEOUS BUSINESS AND FUTURE AGENDA REQUESTS (F) Discuss City memo procedures. NEW BUSINESS MOTION BY ALD. PELLETIER, SECOND BY ALD. SALZER, TO ADJOURN INTO EXECUTIVE SESSION PURSUANT TO 19.85(1)(e), WIS. STATS., TO APPROVE EXECUTIVE SESSION MEETING MINUTES OF 7/6/10, 7/12/10, 7/31/10 AND 8/9/10. MOTION BY ALD. BELLIVEAU, SECOND BY ALD. KELLY, TO APPROVE THE EXECUTIVE SESSION MINUTES OF 7/12/10, AS AMENDED. 8 AYE, 0 NAY; MOTION BY ALD. PELLETIER, SECOND BY ALD. KELLY, TO APPROVE EXECUTIVE SESSION MINUTES OF 7/31/10, AS AMENDED. 7 AYE, 0 NAY, 1 ABSTENTION (GLEASON); MOTION BY ALD. PELLETIER, SECOND BY ALD. KELLY, TO APPROVE EXECUTIVE SESSION MINUTES OF 8/9/10, AS AMENDED. 8 AYE, 0 NAY; MOTION BY ALD. KELLY, SECOND BY ALD. YOUNG, TO ADJOURN FROM EXECUTIVE SESSION AND RECONVENE IN OPEN SESSION. 8 AYE, 0 NAY; ADJOURNMENT MOTION BY ALD. KELLY, SECOND BY ALD. YOUNG, TO ADJOURN THE SEPTEMBER 13, 2010 COMMON COUNCIL MEETING AT 7:10 PM. 8 AYE, 0 NAY; Approved by Received by [4]

5 (A) Continuation of City Deer Hunt for 2010 Lisa Kuczmarski stated that she had been asked to calculate the cost to the City for the deer hunt. She reported that she used the same formula that was used to calculate costs for purposes of the start up grant application we filed several years ago. Using current wage and benefit costs for herself, the City Administrator and the Police Chief, the cost for 2010 would be $6, Mayor Johns stated that the deer hunt has been a success, as 154 deer have been harvested. With the kill numbers down, and as the DNR will not issue doe permits this year, he feels it s wise not to have the hunt for We would look at it again next year. Ald. Belliveau asked if grant funds are available every year. Lisa stated that they are not; grant funds are available only for start up. (B) Option and Lease Agreement with AT&T Cellular Terry Williams advised that there was a procedural problem with this item. He noted that this issue first arose back in January, with paper mill property proposed for the site. Notice was properly published at that time, but the location was not approved, and the issue was tabled. When the alternate site was chosen, the notice for conditional use did not get published. The Planning Commission will hold a special meeting to revisit both the conditional use and the site plan, after the notice is properly published. It was agreed to hold the special Planning meeting on Wednesday, October 6, 2010 at 4:30 p.m. Ald. Belliveau asked City Attorney Parkinson for his thoughts on the lease. Phil stated that he has reviewed it, and there are still a couple of items he s concerned about; he will continue to work with Scott Steeno of AT&T regarding those items. Ald. Pelletier stated that if any substantial changes are proposed, the issue will be put on the agenda for the next regular Finance Committee meeting. (C) Resolution No , Borrowing $500,000 from the State Trust Fund Administrator Bell noted that the Council previously approved two separate requests of $250,000 each by the Oneida County Economic Development Corporation for the Spee Dee Delivery project. This Resolution is to combine those two requests into one loan for $500,000. City Attorney Phil Parkinson noted that at a previous meeting, a question arose as to whether or not Federal wage rates would apply to this project. Phil stated that OCEDC Director Jim Kumbera has advised him that he got an oral opinion from the Department of Workforce Development that Federal wage rates would not apply to this project. Jim indicated he would get something in writing from DWD, but Phil hasn t seen it yet. (D) Stand By Ambulance Service to School District for Varsity Football Games Fire Chief Terry Williams stated that in the past, the Oneida County Ambulance provided this service, and since the County never charged the School District, the PPP Committee felt we should also provide the service free of charge. The total cost will be about $800 for the year, and will be a write off for the ambulance service. [5]

6 (E) Ordinances Ordinance is to designate a handicap parking stall on East Anderson Street. The handicap parking stall that used to be there was removed when the Social Security Administration moved out of downtown, and is now being replaced at the request of Hearing Advantage. Ordinance is to correct a typographical error in the smoking ordinance. The rest of the Ordinances listed on the agenda are to address penalties and forfeitures which were either incorrect or missing in the new Municipal Code. (F) Discuss City Memo Procedures Administrator Bell stated that this issue came up at the Parks Committee level, regarding memos written by Bell and Gunder Paulsen following the Committee meeting. Bell stated that we need to decide whether or not the City Administrator and staff should be issuing memos to Council members between meetings, or if memos be presented at Committee meetings. Ald. Belliveau stated that the Council received a memo from Bell the day after a meeting, and she ed Bell immediately and told him to bring it to the next Parks Committee meeting, as that was the appropriate place to discuss it. Bell did bring the memo to the next meeting, and Paulsen also presented a memo at that time. Ald. Belliveau stated that she s not sure why we re talking about this, as the issue that arose at the Parks meeting was the discrepancies between the two memos, not the writing of the memos themselves. Ald. Pelletier stated that he feels the Council should be kept informed, and if two people are not agreeing on numbers, he doesn t want to wait until the next meeting to get the information. He also stated that the City Administrator s job description requires him to report promptly to the Mayor and Council. Ald. Belliveau stated that there was no issue regarding the memo itself, and that s why she doesn t understand why this is on the agenda for discussion. She stated that the real issue is that the Parks Committee wants to know what the bottom line is on the numbers. The passing of memos is not the issue, and she doesn t understand why it s on the agenda tonight at all. Ald. Pelletier stated that if discrepancies are found, the Council needs to be notified ASAP. Ald. Belliveau stated that she is not disputing that. [6]