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New Richmond City Council: April 14, 2008

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City Council Proceedings

City of New Richmond

Mayor: David Schnitzler City Clerk: Joseph D. Bjelland

Aldermanic Districts

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District 1: Frederick Horne

District 2: James Johnston

District 3: Roberta Dale-Wozniak

District 4: Renee Keating

District 5: Ronald Volkert

District 6: James Zajkowski

REGULAR COUNCIL MEETING, April 14, 2008 7:00 P.M.

Mayor Schnitzler opened the meeting by announcing that this was an open meeting of the Common Council. Notice of this meeting was given to the public at least 24 hours in advance of the meeting by forwarding the complete agenda to the official City newspaper, the New Richmond News, and to all news media who have requested the same as well as posting. Copies of the complete agenda were available for inspection at the City Clerk's office. Anyone desiring information as to forthcoming meetings should contact the City Clerk's office.

Roll call was taken.

Members Present: Mayor Schnitzler, Alderman Horne, Johnston, Dale-Wozniak, Keating, Volkert, and Zajkowski.

The Pledge of Allegiance was recited.

Alderman Keating moved to adopt the agenda as amended, seconded by Alderman Johnston and carried.

Alderman Horne moved to waive the reading of the minutes of the previous Regular Council Meeting, March 10, 2008 and approve them as presented, seconded by Alderman Zajkowski and carried.

Plan Commission Recommendations

The Plan Commission recommended approving the Certified Survey Map from the City of New Richmond for Lots 3, 4, 5, & 6 in the Business & Technical Park. Alderman Dale-Wozniak moved to accept this recommendation, seconded by Alderman Johnston and carried.

Borst Condemnation - 648 West Fourth Street

Ron Siler, City Attorney, stated that Mr. Borst has filed a counter claim against the City. The Judge will make a decision on April 18th regarding Mr. Borst's motion to reconsider. If the motion is denied, then the City will send out the raise order which will give Mr. Borst 60 days to raise the building or the City will do it and charge him. No action was taken.

Ordinance #386 Amending Section 121-199 Airport Zoning Height Limitation Map

Alderman Horne moved to suspend the rules and adopt Ordinance #386 Amending Section 121-199 Airport Zoning Height Limitation Map which was completed by the Wisconsin Bureau of Aeronautics, seconded by Alderman Dale-Wozniak and carried.

Ordinance #387 Adding Section 6-37 and 6-39

Alderman Johnston moved to suspend the rules and adopt Ordinance #387 adding Section 6-37 Revocation and Suspension of Licenses; Abandonment; and Section 6-39 Closing Hours, seconded by Alderman Horne and carried.

Resolution #040801 - Resolution for Deferred Special Assessments on 140th Street

Alderman Zajkowski offered the following resolution and moved for its adoption:

RESOLUTION #040801

PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY

SPECIAL ASSESSMENTS UNDER MUNICIPAL POLICE POWER

PURSUANT TO STATE STATUTE 66.0703

RESOLVED, by the governing body of the City of New Richmond, Wisconsin:

1. The governing body hereby declares its intention to exercise its police power under 66.0703 Wisconsin Statutes, to levy special assessments upon property in the assessment district hereafter described for benefits conferred upon such property by reason of the following public work and improvements:

Roadway widening, curb, gutter, water, storm sewer

& related improvements

2. The property to be assessed lies within the following described assessment district:

Assessment District

All property in the town fronting upon both sides of 140th Street from its intersection with CTH "GG" to its intersection with Paperjack Drive, including the full width of 140th Street to the center of the intersections.

3. The total amount assessed against the properties in the described assessment district shall not exceed 100% of the total cost of the improvements.

4. Payment of the assessments levied against each township parcel under this resolution shall be 1. Payable upon annexation or development of the parcel which ever occurs first, with payment delayed in an involuntary annexation until development occurs, payment to be in the principal amount with no interest, or 2. Payable following annexation on an installment basis, the term of the installment payment plan to be agreed between the property owner and the City of New Richmond, said term not to exceed seven 7 years, with interest at the then-current City's cost of borrowing plus 1%, capped at 6%, unless within thirty (30) days after publication of the Installment Assessment Notice required by Section 66.0715(3)(e) of the Wisconsin Statutes the property owner files with the City Clerk a written notice that the owner elects to pay the special assessment in full on or before the following November 1.

5. Development is defined for all parcels as the subdivision of property to be the final plat or CSM as well as the issuance of a building permit which causes the assessed value to be doubled as of today, which ever shall occur first.

6. The governing body determines that the improvements constitute an exercise of the police power for the health, safety and general welfare of the municipality and its inhabitants.

7. The City Engineer shall prepare a report to comply with 66.0703(5), consisting of:

a. Preliminary plans and specifications for the improvements.

b. An estimate of the entire cost of the proposed improvements.

c. Schedule of proposed assessments.

d. A statement that the property against which the assessments are proposed is benefited.

8. When the report is completed, the City Engineer shall file a copy of the report with the Municipal Clerk for public inspection and, if state property is to be assessed, shall mail a copy of the report to the responsible state agency and, for assessments of $50,000 or more, to the Wisconsin State building commission if applicable.

9. Upon receiving the report of the responsible officer or body, the Clerk shall cause notice to be given stating the nature of the proposed improvements, the general boundary lines of the proposed Assessment District, (including a map thereof,) the time and place at which the report may be inspected, and the time and place of the Public Hearing on the matters contained in the preliminary resolution and the report. This notice shall be published as a class I notice under ch. 985, Stats, and a copy shall be mailed, at least 10 days before the hearing, to every interested party whose address is known or can be ascertained with reasonable diligence.

10. The hearing shall be held in the Council Chambers of the Civic Center, 156 East First Street, New Richmond, Wisconsin.

Motion was seconded by Alderman Johnston and carried.

Resolution #040802 - Resolution Authorizing the Issuance and Sale of $3,685,000 General Obligation Corporate Purpose Bonds, Series 2008A

Alderman Johnston the following resolution and moved for its adoption:

RESOLUTION #040802

Resolution Authorizing the Issuance and Sale of $3,685,000 General Obligation Corporate Purpose Bonds, Series 2008A

Motion was seconded by Alderman Zajkowski and carried.

Resolution #040803 - Resolution Authorizing the Issuance and Sale of $390,000 General Obligation Promissory Notes, Series 2008B

Alderman Dale-Wozniak offered the following resolution and moved for its adoption:

RESOLUTION#040803

Resolution Authorizing the Issuance and Sale of $390,000 GeneralObligation Promissory Notes, Series 2008B

Motion was seconded by Alderman Johnston and carried.

TIF Explanation

Sean Lentz, from Ehlers & Associates, gave an explanation on TIF's or Tax Incremental Financing Districts. No action taken.

Application for Six Month Class B Beer License

Alderman Zajkowski moved to approve the application from Gerald W. Frey, Agent for New Richmond Softball Association at Hatfield Park from April 15, 2008 through October 15, 2008, seconded by Alderman Horne and carried.

Application for Temporary Class B Beer License from New Richmond Miller's Baseball

Alderman Johnston moved to approve the application for Temporary Class B Beer License from New Richmond Miller's Baseball for May 10, 16, 30, June 1, 4, 13-15, 18, 20, July 2, 11, 18, 23, 25, and August 1, 2008, seconded by Alderman Dale-Wozniak and carried.

Applications for License to Serve

Alderman Dale-Wozniak moved to deny the applications for License to Serve from Derrick A. McRoberts and James O. Denno of Clear Lake, and approve the applications from Crystal M. Edwards, Clear Lake; Barbara A. Farrell, Clear Lake; and Kaylee J. Barfknecht, New Richmond, seconded by Alderman Horne and carried.

Application for a Direct Seller's Permit

Alderman Dale-Wozniak moved to approve the application for a Direct Sellers Permit from Michael Edwards from Benchmark Builders for April 15, 2008 through May 15, 2008 to allow him to sell roofing, siding, and windows door to door, seconded by Alderman Volkert and carried. Alderman Keating voted no.

Application for Street Use Permit

Alderman Keating moved to approve the application for Street Use Permit from St. Mary's School for Wisconsin Drive, Richmond Way, and St. Croix Avenue for a marathon on May 17, 2008, seconded by Alderman Horne and carried.

Resolution #040804 Outdoor Recreation Aids

Alderman Zajkowski offered the following resolution and moved for its adoption:

RESOLUTION #040804

Outdoor Recreation Aids

WHEREAS, The City of New Richmond is interested in developing lands for public outdoor recreation purposes as described in the application; and

WHEREAS, Financial aid is required to carry out the project;

THEREFORE, BE IT RESOLVED, that the City of New Richmond has budgeted a sum sufficient to complete the acquisition and

HEREBY AUTHORIZES Joseph L. Kerlin, Parks and Recreation Director to act on behalf of the City of New Richmond: Submit an application to the State of Wisconsin Department of Natural Resources for any financial aid that may be available; sign documents; and take necessary action to undertake, direct and complete the approved project.

BE IT FURTHER RESOLVED that the City of New Richmond will comply with state or federal rules for the programs to the general public during reasonable hours consistent with the type of facility; and will obtain from the State of Wisconsin Department of Natural Resources of the National Park Service approval in writing before any change is made in the use of the project site.

Motion was seconded by Alderman Dale-Wozniak and carried.

Street Committee Recommendations

Derrick Companies would like to vacate Charleston Drive between Williamsburg Place and Paperjack Drive in order to stop the increase in traffic down Charleston Drive due to the new schools being constructed on Richmond Way. The Police and Fire Chiefs do not want that section vacated for emergency purposes, since that would only leave one entrance to Richmond Heights development.

The Street Committee recommended to revisit this discussion after Richmond Way is completed to 140th Street and traffic counts can be completed. Alderman Volkert moved to accept this recommendation, seconded by Alderman Keating and carried.

Dan Koski, City Engineer, gave an update on the proposed reconstruction of 140th Street from County Road GG to Paperjack Drive. The City needs Richmond Township to pass a resolution allowing the City to defer assess the abutting Township residents. Richmond Township will be meeting Thursday, April 17th to vote on the assessment resolution. No action taken.

The Gess residence located at 143 North Arch Avenue have requested to place a private drive sign on City street right of way. They have a lot a City Library traffic turning around in their driveway. The City has a policy of not allowing private signs in the City street right of way. The Street Committee recommended following City policy and denying the private drive sign in City street right of way. Alderman Volkert moved to accept this recommendation, seconded by Alderman Dale-Wozniak and carried.

Finance Committee Recommendations

Alex Birkholz, from WITC, would like to attend a conference in Madison for the WI Association of Public Channels at a cost of $433.32 for travel and hotel. The funds are available in the Cable TV fund that must be used for cable TV expenses. The Finance Committee recommended approving $433.32 from the Cable TV funds for Alex Birkholz to attend the conference in Madison. Alderman Zajkowski moved to accept this recommendation, seconded by Alderman Johnston and carried.

The Airport Commission made an offer of $30,000 for Hangar 6-2 and would need to spend an additional $15,000 to improve the hangar. Hanger 6-2 was repossessed by Anchor bank and they have conditionally accepted the Commission's offer of $30,000. The Finance Committee recommended approving $45,000 from 2008 Capital Projects Fund to purchase and repair Hanger 6-2. Alderman Zajkowski moved to accept this recommendation, seconded by Alderman Horne and carried.

Alderman Zajkowski offered the following resolution and moved for its adoption:

CITY OF NEW RICHMOND

RESOLUTION #040805

WHEREAS, the City of New Richmond has levied taxes and appropriated monies for City operations, and

WHEREAS, unforseen circumstances and events occurred in 2007, that were not anticipated when the budget

was originally adopted.

NOW, THEREFORE, BE IT RESOLVED by the common council of the City of New Richmond that the 2007 budget be amended as follows:

2007 budget be amended as follows:

2007 AMENDED

GENERAL FUND ADOPTED 2007

BUDGET ADJUSTMENTS BUDGET

REVENUES

General Property Taxes 2,712,053.25 2,712,053.25

Taxes (other than property) 351,426.61 351,426.61

Intergovernmental Revenues 1,445,807.99 179,907.77 1,625,715.76

Licenses & Permits 430,700.00 4,340.00 435,040.00

Public Charges for Service 255,001.41 23,288.07 278,289.48

Public Imp Revenue-Assessments

17,020.64 17,020.64

Miscellaneous Revenue 120,654.40 38,372.63 159,027.03

Other Financing Sources & Transfers

- - - TOTAL REVENUES 5,332,664.30 245,908.47 5,578,572.77

EXPENDITURES

General Government 1,187,698.80 92,942.74 1,286,629.47

Protection - Person & Property 1,768,592.77 253,110.34 2,024,746.73

Health & Sanitation 11,339.00 1,595.00 12,934.00

Public Works - Streets 962,074.84 275,161.41 1,237,236.25

Education & Recreation 1,207,634.52 31,937.67 1,239,572.19

Conservation & Development 155,921.37 8,750.00 164,671.37

Other Financing Uses & Transfers

25,000.00 1,739.24 26,739.24

Outlay 14,403.00 5,800.00 20,203.00

TOTAL EXPENDITURES 5,332,664.30 671,036.40 6,012,732.25

OTHER FUNDS

REVENUES

Impact Fees - 10,101.55 10,101.55

WDF/Revolving Loan Fund 177,000.00 89,340.31 266,340.31

Health Insurance Fund - 26,442.29 26,442.29

Debt Service Funds 2,948,394.74 1,254,669.09 4,203,063.83

Tax Increments 744,640.21 135,823.14 880,463.35

Capital Project Fund 1,500,000.00 816,223.97 2,316,223.97

Cap Proj - Landfill Cleanup Fund

- 1,858,994.19 1,858,994.19

Storm Water Utility 256,000.00 - 256,000.00

Parks Trust Fund 50,000.00 - 50,000.00

Library Trust Fund 1,500.00 17,216.29 18,716.29

Armed Services Memorial 1,000.00 - 1,000.00

Enterprise Funds 9,358,449.00 - 9,358,449.00

TOTAL REVENUES 15,036,983.95 4,208,810.83 19,245,794.78

EXPENDITURES

Impact Fees - 10,101.55 10,101.55

WDF/Revolving Loan Fund 250,000.00 178,723.69 428,723.69

Health Insurance Fund 23,634.00 26,442.29 50,076.29

Debt Service Funds 2,948,394.74 1,385,069.21 4,333,463.95

Tax Increments 2,281,297.51 333,831.65 2,615,129.16

Capital Project Fund 1,576,652.71 1,275,378.12 2,852,030.83

Cap Proj - Landfill Cleanup Fund

- 1,858,994.19 1,858,994.19

Storm Water Utility 250,000.00 - 250,000.00

Parks Trust Fund - 242,118.00 242,118.00

Library Trust Fund - 17,216.29 17,216.29

Armed Services Memorial 1,500.00 - 1,500.00

Enterprise Funds 8,336,096.00 - 8,336,096.00

TOTAL EXPENDITURES 15,667,574.96 5,327,874.99 20,995,449.95

Motion was seconded by Alderman Horne and carried.

The St. Croix County Land and Water Conservation Department is selling rain barrels at a cost of $30 each to promote water conservation and lessen the impact on storm water and ditches. The City and the Utilities Department would like to share in paying half the cost of the first 100 rain barrels and the homeowner would pay the other half. The Finance Committee recommended having the City and Utility Department pay half of the cost of the first 100 rain barrels with the funds coming from the General Fund. Alderman Zajkowski moved to accept this recommendation, seconded by Alderman Horne and carried.

The City has a five year contract to fund Pape Taxi operations from 2007 - 2011 at $30,000 per year. The State Department of Transportation has notified the City that in 2009 and beyond the City will have to fund the entire amount of the calculated City share, which is approximately $65,000 per year. City staff was asked to research exactly why the State DOT has changed their stance on this subject. No action taken.

Paul Mayer, from the New Richmond Area Emerging Business Center, is attempting to create a venture capital investment fund and would like the City to invest at least $100,000 from the sale of City assets into a revolving investment fund. The Finance Committee asked Paul Mayer to research the availability of State grants for this and requested City staff to determine who would best administer these funds and draft an investment agreement with Paul Mayer. No action was taken.

Rhonda Zontelli, from Bellarietta Restaurant, discussed their 2007 Personal Property Tax amount that they were assessed. Bellarietta had not filed a 2007 personal property tax form and were assessed $50,000 by the City Assessor. Rhonda stated that her actual personal property amount should have been closer to $17,000. Rhonda will bring back information to the next Finance Committee meeting on the exact value of all personal property in their restaurant. The Finance Committee recommended tabling this item. Alderman Zajkowski moved to table this item, seconded by Alderman Johnston and carried.

Alderman Zajkowski moved to pay VO# 35078 thru VO#35404 totaling $1,216,066.76 with the money coming from the following accounts, plus wire transfers totaling $320,013.14 for a Grand total of $1,536,079.90:

General Fund $822,388.38

Impact Fees 3,261.08

CDBG - Housing 1,206.90

Health Insurance 3,957.02

Debt Service Fund 431.25

Capital Projects 41,898.53

Landfill Cleanup Project 66,887.30

TIF #6 8,647.18

TIF #7 125,840.80

TIF #8 20,348.73

TIF #9 1,950.50

Storm Water Utility 9,348.96

Library Trust Fund 3,457.32

Tax Agency Fund 106,442.81

Motion was seconded by Alderman Volkert and carried.

Communications and Miscellaneous

The League of Wisconsin Municipalities is having a regional dinner in Eau Claire on June 5, 2008 if any Council members are interested in attending.

Alderman Keating moved to adjourn the meeting, seconded by Alderman Horne and carried.

Meeting adjourned at 8:15 p.m.

Joseph D. Bjelland,

Clerk/Treasurer

39L

WNAXLP

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