COMMON COUNCIL MEETING Tuesday - February 10, 2009

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1 COMMON COUNCIL MEETING Tuesday - February 10, 2009 A regular and open meeting of the City of New London Common Council was held on Tuesday, February 10, 2009 at 7 p.m. in the Council Chambers of the Municipal Building. After the Pledge of Allegiance, roll was called. Presiding: Mayor Henke Members Present: Officers Present: Others Present: Dean, O Connell, Kopitzke, Barrington, Way, Morack, Herter, Romberg, Tate, Herminath Lauders, Hager, Villiesse, Tennie, Wilkinson, Hoerth, Thompson, Bodoh Ginger Miller, Melissa Mulroy, Lee Rousseau, Rob Jaeckels & son (for Boy Scouts badge) AGENDA: Herminath/Morack to adopt agenda as presented. Carried MINUTES: BILLS: Way/Tate to approve the minutes of January 13, 2009 as written. Carried Morack/Tate to authorize the payment of invoices incurred through January 2009 in the amount of $798, Carried SPECIAL PRESENTATION: Melissa Mulroy appeared representing the Shamrock Club of New Dublin. She stated that 25 years ago she along with Moochie & Fluff Barrington, Pup Loughrin, and Gerald & Dick Murphy started the Club. Their first parade included Coyle s hearse and was down North Water Street which had one traffic lane closed to traffic. Police Chief Jack Algiers advised them that the next year the whole street should be utilitized. The Parade is now the largest in the Mid-West north of Chicago. This is the 25 th time the Club is requesting permission to change the entrance sign to read New Dublin for the week March 16 th thru March 21 st. O Connell/Dean to so authorize. Carried PUBLIC COMMENT: No participants STANDING & SPECIAL COMMITTEES: BOARD OF PUBLIC WORKS - 1. Minutes of February 2, 2009 were read by Herminath. 2. Herminath/Kopitzke to approve Change Order #3 for Staab Construction for a contract decrease of $12,143. Carried 8-2. (Dean, O Connell against) 3. Herminath/Way to accept Resolution No Carried PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION WISCONSIN STATUTES RESOLUTION NO BE IT RESOLVED, by the Common Council of the City of New London, Waupaca- Outagamie Counties, Wisconsin, as follows: 1. The Common Council hereby declares its intention to exercise its police power under Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improvement upon the following streets: NEW CURB AND GUTTER RECONSTRUCTION: All property fronting upon both sides of Beacon Street from the intersection of Pearl Street to the intersection of Oshkosh Street.

2 2. Said public improvements shall include rehabilitation of curb and gutter within the right-of-way of the above-mentioned streets. 3. The total amount assessed against the above property shall not exceed the total cost of the improvements. The Common Council determines that the property abutting upon the above mentioned streets will be benefited by said improvements and further determines that said improvements shall be made under the police power, and the amount assessed against each parcel shall be based the following, which in the judgment of the Common Council is reasonable. The new curb and gutter shall be assessed in accordance with Section 8.02(8)(a) of the Municipal Code. This construction within the right-of-way of the abovementioned streets shall be assessed on the basis of 50% of the total project cost to the abutting property owners. 4. That the assessments against any parcel may be paid in cash or in three (3) annual installments, the unpaid balance to draw interest at 8% per annum. 5. The Director of Public Works is directed to prepare a report consisting of: (a) Specifications for said improvement. (b) An estimate of the entire cost of the proposed construction. (c) A schedule of the proposed assessments. Upon completing the above report, the Director of Public Works is directed to file a copy thereof in the office of the City Clerk-Treasurer for public inspection. 6. Upon receiving the report of the Director of Public Works, the City Clerk-Treasurer is hereby directed to give a Class I Notice of Public Hearing on such report as specified in 66.60(7) Wisconsin Statutes, and to mail a copy of this Notice at least ten (10) days before the hearing to every interested person whose post office address is known or can be ascertained with reasonable diligence. The hearing shall be held in the City Council Chambers at the Municipal Building at a time set by the City Clerk-Treasurer in accordance with Section 66.60(7) Wisconsin Statutes. 7. In lieu of giving a Class I Notice of Public Hearing, as specified in 66.60(7) Wisconsin Statutes, as mentioned in Section Six (6), a Waiver of Hearings, Notices, etc. may be executed by one or all interested property owners whose property abuts said improvement and is to be assessed for same. If all interested property owners or their agents, execute said waiver or waivers, the City Clerk-Treasurer shall not be required to give a Class I Notice of Public Hearing, Notices, etc. Adopted this 10 th day of February, Approved: Attest: James R. Villiesse, Clerk 4. Herminath/Barrington to waive sidewalk special assessment for the Beacon Avenue project. Carried Herminath/Tate to accept the first reading of an Ordinance which amends the section defining sewer laterals, and who is responsible for maintaining same. Carried 7-3. (Kopitzke, O Connell, Dean against) FINANCE & PERSONNEL - 1. Minutes of February 4, 2009 were read by Morack.

3 2. Morack/Tate to enter into an Employment Contract with Susan Tennie as City Clerk. Carried 8-2 (Dean, O Connell against) 3. Morack/Tate to adopt upon this second reading Ordinance No which amends Committee Responsibilities. Carried Ordinance No is published separately and printed in the Ordinance Book. 4. Romberg/Herter to adopt Resolution No Carried RESOLUTION ESTABLISHING HEALTH REIMBURSEMENT ARRANGEMENTS RESOLUTION NO.1214 The undersigned of City of New London (the Employer) hereby certifies that the following resolutions were duly adopted and that such resolutions have not been modified or rescinded: RESOLVED, that the form of amended Health Reimbursement Arrangement effective January 1, 2008, is hereby approved and adopted and that the proper officer(s) of the Corporation are hereby authorized and directed to execute the Plan. RESOLVED, that the Plan Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan. The undersigned further certifies that the City of New London Health Reimbursement Arrangement as amended and restated is hereby approved and adopted. Adopted this 10 th day of February, 2009 BY: ATTEST: James R. Villiesse, City Clerk 5. Morack/Herter to accept the new City Policy Manual and adopt the Policies within it. Carried Morack/Kopitzke to adopt Resolution No Carried A RESOLUTION AMENDING THE 2008 BUDGET & NOTICE OF BUDGET CHANGE RESOLUTION NO WHEREAS, it is good public policy to keep the citizens apprised of the actual outcome of Municipal operations; and WHEREAS, the accounting period for 2008 is over and final audit of 2008 revenues and expenses is taking place; NOW, THEREFORE, BE IT RESOLVED that the City of New London Common Council here by resolves as follows. That the 2008 Budget be amended and restated as follows:

4 GENERAL AND DEBT SERVICE FUND EXPENDITURES 2008 ORIGINAL BUDGET 2008 BUDGET AMENDED General Government $ 1,043, $ 1,166, Public Safety $ 2,073, $ 2,034, Public Works $ 885, $ 941, Health & Human Services $ 256, $ 231, Culture-Recreation-Development $ 1,603, $ 1,603, Capital Fund $ 691, $ 575, Debt Service $ 1,166, $ 1,166, TOTAL GENERAL AND DEBT SERVICE FUND EXPENDITURES $ 7,720, $ 7,720, Adopted this 10 th day of February, 2009 BY: ATTEST: James R. Villiesse, City Clerk 7. Morack/Herter to adopt Resolution No Carried A RESOLUTION DESIGNATING FUND BALANCE RESOLUTION NO WHEREAS, it is good fiscal policy to anticipate expenses, and to set aside money for predicted events, NOW, THEREFORE, BE IT RESOLVED that the City of New London Common Council hereby resolves as follows: To set aside and designate fund balance to be spent in the following categories: New Library Reserve $ 3,988 Capital Projects Reserve 501,338 Revaluation Reserve 26,290 Pool Roof 55,755 Cable TV 176,785 Debt Service Reserve 608,091 Boat Launch <110,334> Landfill & Testing 21,000 Property Tax Adjustment 1,328 Trails/ATC 41,307 Downtown Façade 17,700 Health Insurance Reserve 2,125 Adopted this 10 th day of February, 2009 BY:

5 ATTEST: James R. Villiesse, City Clerk 8. Morack/Tate to grant licenses listed below. Carried FEBRUARY LICENSE LIST COMBINATION CLASS B LICENSE Regina S. Thibert N1851 Greenville Drive Greenville, WI AMUSEMENT DEVICE Regina S. Thibert N1851 Greenville Drive Greenville, WI COMBINATION SODA WATER Regina S. Thibert N1851 Greenville Drive Greenville, WI (formerly Don s) (formerly Don s) (formerly Don s) BEVERAGE OPERATOR LICENSES Karen Buege W10868 Cty Rd WW Katelyn Gitter N1454 Guni Road Fremont, WI Taren L. Wayerski N10012 Kluth Road Clintonville, WI Anthony Hanlon 1826 Starlite Drive Hailee A. Stuesser E7947 Cutoff Road Corinne K. Jaeger 450 Spurr Road Kimberly B. Guitron 219 W. Pine Street Graham G. Klug 402 W. Martin Street Cheryl R. Rohan N7665 Hwy 45 Kwik Trip North NL BP Festival Foods Jolly Rogers C & R Waterfront

6 Gina M. Kent 1115 W. Beckert Road #B-2 Lisa L. Wolfgram 115 Northgate Estates Kwik Trip North PARKS & RECREATION COMMITTEE - 1. Minutes of February 3, 2009 were read by Way. 2. Way/Tate to accept the first reading of an Ordinance to increase the Wolf River Raft Permit fee by $5 (to $10). Carried 9-1 (O Connell against) PLAN COMMISSION - 1. Minutes of January 22, 2009 were read by Herminath. 2. Herminath/Morack to adopt upon this second reading Ordinance No which rezones property at Waupaca and Spruce Streets from R-2 to M. Carried Ordinance No is published separately and printed in the Ordinance Book. REPORTS & MINUTES DISTRIBUTED: Utility 1/5/09 & 1/19/09 Library & Museum Commission 1/19/09 Police & Fire Commission 1/19/09 Cemetery Superintendent January Report Building Inspector January Report Tate noted Police & Fire anniversaries as listed in the minutes. REPORT OF OFFICERS on recent events and announcements to the Public - Mayor 1. Henke announced that a survey instrument for the Library is available and encouraged people to seek it out, fill it out and return it. City Administrator Hager stated that there will be a Special Common Council Meeting to select a firm to spear head the Waterfront Initiative and to develop the scope of services. These then will need to be approved by the State; however, the project must in turn be completed by August 31 st, so time is of the essence. City Clerk - 1. Villiesse reviewed the candidates for the Spring Primary election. Only the State Superintendent of Public Instruction office is on the ballot. Next he mentioned that Earl Luaders has been the longest serving City Attorney and himself the longest serving City Clerk. Villiesse is retiring as of March 4 th and this will be his last Council Meeting. He thanked the Council and citizens for their support over these last 29 years. He hoped they would give his successors Sue Tennie and Judy Radke the same cooperation and respect. City Attorney 1. Luaders was basically speechless, never having felt so old due to someone else s retirement! Interim Director of Public Works - 1. Bodoh announced some anniversaries in his Department. Utility Manager - 1. Thompson noted the deep frost and weather fluxuations have caused an unusual number of water main and service connection breaks this season.

7 Parks & Recreation Department - 1. Hoerth announced the availability of bus trips to professional sports games and ski trips; also a new cycle of swim lessons. He then introduced Julie Martinson, the new Assistant Pool Manager. Chief of Police - 1. Wilkinson encouraged people to attend a special presentation on the sex offender registry program. They will learn how to find out whether any such person lives in their neighborhood and how to get on a notification list. The meeting is tomorrow at the Washington Center. Other business: Mr. O Connell noted that Brian Pelot, professional arborist, was leaving the Tree Board, as he no longer lives near the City. There being no further business Barrington/Morack to adjourn. Council adjourned at 7:54 p.m. James R. Villiesse February 10, 2009