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New Richmond City Council, Nov. 10, 2008

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New Richmond, 54017
New Richmond Wisconsin 127 South Knowles Avenue 54017

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: Jane Hansen

District 5: Ronald Volkert

District 6: James Zajkowski

REGULAR COUNCIL MEETING, November 10, 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, Dale-Wozniak, Hansen, Volkert, Zajkowski and Student Representative Megan Elkin.

Members Absent: Alderman Johnston and Student Representative Rachel Mortensen.

The Pledge of Allegiance was recited.

Alderman Horne moved to adopt the agenda as presented, seconded by Alderman Hansen and carried.

Alderman Zajkowski moved to waive the reading of the minutes of the previous Regular Council meeting, October 13, 2008 and Special Council Meeting, October 20, 2008, and approve them as presented, seconded by Alderman Hansen and carried.

Request for Extension of Premise

There was discussion regarding the request from the Locker Room to extend the premise for their Class B Liquor License to include an outdoor volleyball/boot hockey area and patio area behind their building. The Plan Commission recommended approving the site plan for the outdoor volleyball/boot hockey and patio area. A citizen stated his opposition, as well as others he had spoken to, for this extension of premise. Alderman Horne moved to deny the request to extend the premise for Class B Liquor License to include the outdoor volleyball/boot hockey and patio area behind their building, seconded by Alderman Hansen and carried. Alderman Zajkowski voted no.

Alderman Horne moved to approve the request from Champ's Sports Bar & Grill for an extension of premise to include the parking lot behind their building for July 9-12, 2009, seconded by Alderman Volkert. Alderman Horne moved to amend the motion adding approval to have amplified music until midnight for July 9 - 12, 2009, seconded by Alderman Volkert and carried. Upon voting on the main motion, motion carried.

Plan Commission Recommendations

The Plan Commission recommended approving the Extra-Territorial Certified Survey Map from Ronald and Diane Beauvais. Alderman Horne moved to accept this recommendation, seconded by Alderman Dale-Wozniak and carried.

Ordinance #396 - Loud & Unnecessary Noise Prohibited

There was discussion regarding the ordinance amendment. Mark Samelstad stated that the new ordinances did not have a maximum decibel number for residential in the evening, so he wanted to amend the ordinance to add that back in. Several residents that live near the hockey arena expressed their opinions on what the day and evening decibel level should be. Mark Samelstad and John Frisco did testing for the decibel levels around the hockey center today at approximately 11:30 a.m. Jane Hansen said that she purchased her own decibel meter and it read at 70, spiked at 75 decibels on her deck. Considerable discussion followed. Alderman Horne moved to suspend the rules and adopt Ordinance #396 setting the maximum decibel level for residential areas at 70 for daytime and 60 for night, seconded by Alderman Dale-Wozniak and carried.

Application for Class B Beer & Class C Wine License

There was discussion regarding the application for Class B Beer and Class C Wine License from Kent Rebeck, Agent for the New Richmond 8 Theatre. Megan Elkin stated that after the last council meeting she asked several high school students how they would feel about the theater having a beer or wine license and all of them said they were against it because it would completely change the environment and they would not feel as safe. Alderman Zajkowski moved to allow wine only at the New Richmond 8 Theater. Motion died for lack of a second. Alderman Hansen moved to deny the application for Class B Beer and Class C Wine License from the New Richmond 8 Theatre on the basis of supporting our younger patrons of that facility who consider that to be a safe facility, and in keeping with the environment that their parents want them to be in, seconded by Alderman Volkert and carried.

Applications for License to Serve

Alderman Horne moved to approve the following applications for license to serve: Shannon R. Luthe, New Richmond; Jacquelyn L. Warner, New Richmond; John F. Cloutier, New Richmond; Elisabeth J. Swanson, Amery; and Michelle E. Poser, New Richmond, seconded by Alderman Dale-Wozniak and carried. Alderman Horne moved to deny the application from Kelly Peterson, Star Prairie, seconded by Alderman Dale-Wozniak and carried.

Application for Direct Seller's Permit

Alderman Zajkowski moved to approve the applications for Direct Seller's Permit from Roxanne M. Seib of Inver Grove Heights and Kevin M. Schmitz of Prior Lake to go door to door scheduling appointments for free estimates on home improvements for Window Concepts of Minnesota, Inc. from November 17 through December 17, 2008, seconded by Alderman Horne and carried. Alderman Dale-Wozniak and Hansen voted no.

Parade Permit

Alderman Horne moved to approve the Application for Parade Permit from the New Richmond Chamber of Commerce for December 6, 2008, seconded by Alderman Hansen and carried.

Acceptance of Outlots 417 & 418

Tom Doar wanted to donate outlots 417 & 418 to the City. The Park Board agreed to take this property with no plans to develop it at this time. There is currently no access to this property, it is an island. Alderman Zajkowski moved to accept Outlots 417 and 418 from Tom Doar, seconded by Alderman Hansen and carried.

Property Committee Recommendations

The Property Committee recommended moving forward with the needs analysis with Wold Architects and Engineers. The Property Committee reviewed the draft needs analysis and made a few changes. Wold will come back with square footage needs for each department.

Possible Use of Middle School Property

Alderman Horne made a list of questions that need to be answered about the Middle School property. Wold had done an analysis of this building for the school district in 2003-2004 and reviewed some items with the Property Committee. The City and School have a memorandum of understanding at this time. The Government Entities Network has a meeting in December and they will discuss this issue further. Alderman Zajkowski asked to have a Special Council meeting on November 19, 2008 at 6:30 p.m. to discuss the Middle School property.

Street Committee Recommendations

The Street Committee recommended placing a "No Trucks Allowed" sign at the intersection of North Fourth Street and North Washington Avenue. Alderman Volkert moved to accept this recommendation, seconded by Alderman Dale-Wozniak and carried.

The Street Committee recommended removing the stop sign on Richmond Way at Doman Drive to allow traffic to flow through that area better. Alderman Volkert moved to accept this recommendation, seconded by Alderman Dale-Wozniak and carried.

The Street Committee recommended approving the following resolution:

RESOLUTION #110801

RELOCATION ORDER

RESOLVED, by the Common Council of the City of New Richmond, WI:

1) That this Resolution is a Relocation Order in accordance with subsection 32.05(1), Wisconsin Statutes, for the purpose of the within-described public improvement project;

2) That the City of New Richmond hereby determines that it is necessary and a public purpose to extend Richmond Way east connecting to 140th Street to allow for a safe transportation corridor which is planned to coordinate with the transportation system of the area for the residents of the City of New Richmond, Township of Richmond, St. Croix County and visitors of the area;

3) That said road will be built within the area marked as set forth in the Scale Drawing of Proposed Extension, which is attached to this Relocation as Exhibit "A" and is incorporated herein;

4) That the legal description of the site of said extension of said road is contained in said Exhibit "A" which is also incorporated herein;

5) That the City of New Richmond will acquire an easement interest or fee simple ownership and temporary grading easement in the area described in the Property Description portion of Exhibit "A" from the present owners;

Alderman Volkert moved to accept the recommendation to approve this resolution, seconded by Alderman Dale-Wozniak and carried.

Finance Committee Recommendations

The Finance Committee discussed the Pape Taxi audit for 2005 - 2007. In 2005 there was a shortfall of $7,893.00 and in 2007 there was a shortfall of $581.00. The Finance Committee recommended to have the City pay half of the shortfalls, in the amount of $4,237, and if Jason Pape is able to collect more than his half of the shortfall from the State, then he is to reimburse the City for that amount. Alderman Zajkowski moved to accept this recommendation, seconded by Alderman Horne and carried.

The Finance Committee recommended paying $1,000 of an architecture bill from Building Blocks Properties to be paid from TIF #9. Alderman Zajkowski moved to pay $1,000 of the bill and stressed that there needs to be clear communication with anyone in the future regarding payment of any funds from TIF, seconded by Alderman Horne and carried.

Steve Hirsch is working with our assessor to come to an agreement on assessments for his property in James Place.

The Finance Committee received one bid for a squad car from Bernard's for a 2009 Dodge Charger for $28,095 less $5,600 for trading in the 2006 Dodge Charger, for a total of $22,495. Alderman Zajkowski moved to accept the bid for from Bernard's for $22,495, seconded by Alderman Dale-Wozniak and carried.

Alderman Zajkowski moved to pay VO# 36631 thru VO# 36801 for $418,410.80 with the funds coming from the following accounts, plus electronic transfers totaling $1,082,034.95, for a grand total of $1,500,445.75:

General Fund $643,745.19

Impact Fees Fund 2,396.80

CDBG - Housing Grant 15.48

Health Insurance 2,767.64

Debt Service 577,461.25

Capital Projects 41,493.13

Landfill Cleanup Project 204,696.15

TIF # 6 12,615.93

TIF # 9 645.00

Storm Water Utility 6,501.57

Park Land Trust Fund 6,591.13

Library Trust Fund 1,516.48

Motion was seconded by Alderman Horne and carried.

Closed Session

Alderman Hansen moved to go into Closed Session per State Statute 19.85 (1)(c)(e)(g) to discuss the following:

a) Age Discrimination Complaint

b) Sale of Business Technical Park Land to Stryhn

c) Sale of 18.8 Commercial Acres in Business & Technical Park to CCS Development LLC

d) Personnel

Open Session

Alderman Horne moved to deny the offer from CCS Development LLC for the 18.8 commercial acres in the Business & Technical Park, seconded by Alderman Zajkowski and carried.

Alderman Horne moved to eliminate the position of Economic Development Director effective on November 11, 2008 at 4:30 p.m., seconded by Alderman Volkert and carried.

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

Meeting adjourned at 9:45 p.m.

Joseph D. Bjelland, Clerk/Treasurer

17L

WNAXLP

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