COMMON COUNCIL MEETING Tuesday March 14, 2017

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1 COMMON COUNCIL MEETING Tuesday March 14, 2017 A regular and open meeting of the City of New London Common Council was convened on Tuesday, March 14, 2017 at 7 p.m. in the Council Chambers of the Municipal Building. After the Pledge of Allegiance, roll was called. Presiding: Mayor Gary Henke Members Present: Officers Present: Others Present: Dennis Herter, Dave Morack, Bob Besaw, John Faucher, Tom O Connell, Lori Dean, Mike Barrington, Ron Steinhorst, Rob Way Excused: Mary Tate Kent Hager, City Administrator; ; Earl Luaders, City Attorney; Chad Hoerth, Parks & Recreation Director; Chief of Police Jeff Schlueter; Jeff Bodoh, Director of Public Works; Mark Wilfuer, Fire Chief; Steve Thompson, Utility Manager Ginger Arndt; Citizens: Julie Blohm, John Zehner, David Spahn, Benjamin Rodgers AGENDA: O Connell/Dean to adopt agenda. Carried 9 0. MINUTES: Steinhorst/Barrington approve the Council minutes of February 14, Carried 9 0. BILLS: Morack/Herter to authorize the payment of invoices incurred during February 2017 in the amount of $748, Carried 9 0. PUBLIC HEARING: At 7:03 p.m. a Public Hearing was held to comment on the special assessments for Sanitary Sewer Rehabilitation for Beacon Avenue and Starlight Drive. Julie Blohm, a resident living on E. Beacon Avenue spoke against the special assessments. Public Hearing closed at 7:17 p.m. PUBLIC COMMENT: No participants. STANDING & SPECIAL COMMITTEES: BOARD OF PUBLIC WORKS 1. Minutes of March 6, 2017 were read by Barrington 2. Barrington/Dean to adopt Resolution NO Carried 9 0. FINAL RESOLUTION AUTHORIZING IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITTED PROPERTY RESOLUTION NO WHEREAS, a public hearing was held for the City of New London, Waupaca Outagamie Counties, Wisconsin, in the Council Chambers of the Municipal Building at 7:03 P.M. on March 14, 2017 for the purpose of hearing all interested persons concerning the Final Resolution and Report of the Director of Public Works for reconstruction of sanitary laterals within the rightsof way of all property fronting upon the following streets: SANITARY LATERAL REHABILITATION: All property fronting upon both sides of Beacon Avenue from the intersection of Mill Street to the intersection of railroad tracks. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of New London, Waupaca Outagamie Counties, Wisconsin, as follows: 1. That the Report of the Director of Public Works pertaining to the construction of the above described improvements, including final plans and specifications therefore, is hereby adopted and approved.

2 2. That the Board of Public Works is authorized and/or directed to carry out the work of such improvement in accordance with the Report of the Director of Public Works. 3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said Report. 4. That the assessments shown on said Report are correct estimates and have been determined on a reasonable basis and are hereby confirmed. 5. That the assessments for all projects included in said Report are hereby combined as single assessment, but any interested property owner shall be entitled to object to any assessment separately or all assessments jointly for any purpose or purposes. 6. That the assessments may be paid in cash in three (3) annual installments to the City Treasurer, deferred payments to bear interest at the rate of 8% per annum on the unpaid balance. Installments or assessments not paid when due, shall bear additional interest on the amount due at the rate of 8% per annum. 7. The City Clerk is directed to publish this Resolution as a Class I Notice in the official newspaper. 8. The City Clerk is further directed to mail a copy of this Resolution and a statement of final assessment against this property to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. Adopted this 14 th day of March, 2017 Attest: Susan Tennie, Clerk BY: 3. Barrington/Steinhorst to adopt Resolution No Carried 9 0. FINAL RESOLUTION AUTHORIZING IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITTED PROPERTY RESOLUTION NO WHEREAS, a public hearing was held for the City of New London, Waupaca Outagamie Counties, Wisconsin, in the Council Chambers of the Municipal Building at 7:03 P.M. on March 14, 2017 for the purpose of hearing all interested persons concerning the Final Resolution and Report of the Director of Public Works for reconstruction of sanitary laterals within the rightsof way of all property fronting upon the following streets: SANITARY LATERAL REHABILITATION: All property fronting upon both sides of Starlight Drive from the intersection of North Star Court to the intersection of Klatt Road. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of New London, Waupaca Outagamie Counties, Wisconsin, as follows: 1. That the Report of the Director of Public Works pertaining to the construction of the above described improvements, including final plans and specifications therefore, is hereby adopted and approved. 2. That the Board of Public Works is authorized and/or directed to carry out the work of such improvement in accordance with the Report of the Director of Public Works.

3 3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said Report. 4. That the assessments shown on said Report are correct estimates and have been determined on a reasonable basis and are hereby confirmed. 5. That the assessments for all projects included in said Report are hereby combined as single assessment, but any interested property owner shall be entitled to object to any assessment separately or all assessments jointly for any purpose or purposes. 6. That the assessments may be paid in cash in three (3) annual installments to the City Treasurer, deferred payments to bear interest at the rate of 8% per annum on the unpaid balance. Installments or assessments not paid when due, shall bear additional interest on the amount due at the rate of 8% per annum. 7. The City Clerk is directed to publish this Resolution as a Class I Notice in the official newspaper. 8. The City Clerk is further directed to mail a copy of this Resolution and a statement of final assessment against this property to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. Adopted this 14 th day of March, 2017 BY: Attest: 4. Barrington/Herter to approve the bid from Aring Equipment Company, Inc. for the purchase of two Tink Claws for a cost of $29,400. Carried Barrington/Herter to approve the purchase of a Pavement Paint Machine from TAPCO for a cost of $7,625. Carried Barrington/Dean to approve the bid from Speedy Clean for $6, for the 2017 Sanitary and Storm Sewer Televising. Carried Barrington/Way to approve the Agreement for Professional Services with McMahon Associates, Inc. for the Traffic Study in the vicinity of New London High School for a cost of $10,000 to be shared equally with the New London School District. Carried 9 0. FINANCE & PERSONNEL 1. Minutes of March 8, 2017 were read by Morack 2. Morack/O Connell to adopt Resolution No Carried 9 0. Close Loopholes that Shift a Greater Property Tax Burden from Commercial to Residential Homeowners Resolution No Whereas, home owners in Wisconsin already pay 70% of the total statewide property tax levy; and Whereas, that disproportionate burden is about to get much worse unless the Legislature addresses tax avoidance strategies that national chains like Walgreens and big box retail establishments like Target and Lowe s are using across the country to gain dramatic reductions in their property tax bills at the expense of homeowners and other taxpayers; and Whereas, a carefully orchestrated wave of 100 s of lawsuits in Wisconsin is forcing assessors to slash the market value of thriving national retail stores, shifting their tax burden to local mom and pop shops and homeowners; and

4 Whereas, Walgreens and CVS stores in Wisconsin have argued in communities across the state that the assessed value of their property for property tax purposes should be less than half of their actual sale prices on the open market; and Whereas, in many cases the courts have sided with Walgreens and CVS, requiring communities to refund tax revenue back to the stores; and Whereas, there are over 200 Walgreens stores located in Wisconsin s cities and villages; and Whereas, Target, Lowe s, Meijer, Menards and other big box chains are using what is known as the Dark Store Theory to argue that the assessed value of a new store in a thriving location should be based on comparing their buildings to sales of vacant stores in abandoned locations from a different market segment; and Whereas, the Republican controlled Indiana state Legislature has on two occasions in the last two years overwhelmingly passed legislation prohibiting assessors from valuing new big box stores the same as nearby abandoned stores from a different market segment; and Whereas, the Michigan state house overwhelmingly passed similar legislation in May of Now, Therefore, Be It Resolved, that the Common Council of the City of New London urges the Governor and the Legislature to protect homeowners and main street businesses from having even more of the property tax burden shifted to them by passing legislation clarifying that: 1. Leases are appropriately factored into the valuation of leased properties; and 2. When using the comparable sale method of valuation, assessors shall consider as comparable only those sales within the same market segment exhibiting a similar highest and best use rather than similarly sized but vacant properties in abandoned locations. Adopted this 14th day of March, 2017 BY: Attest: 3. Morack/Herter to adopt Resolution No Carried 9 0. RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BORROWING RESOLUTION NO WHEREAS, the City of New London, Outagamie and Waupaca Counties, Wisconsin ( the Municipality ) plans to undertake projects to include but may not be limited to Road and Park projects; and WHEREAS, the Municipality expects to finance the Project on a long term basis by issuing tax exempt bonds (the "Bonds"); and WHEREAS, because the Bonds will not be issued prior to September of 2018, the Municipality must provide interim financing to cover costs of the Project incurred prior to receipt of the proceeds of the Bonds; and WHEREAS, it is necessary, desirable, and in the best interests of the Municipality to advance moneys from its funds on hand on an interim basis to pay the costs of the Project until the Bonds are issued.

5 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of New London, Outagamie and Waupaca Counties, Wisconsin, that: Section 1. Expenditure of Funds. The Municipality shall make expenditures as needed from its funds on hand to pay the costs of the Project until Bond proceeds become available. Section 2. Declaration of Official Intent. The Municipality hereby officially declares its intent under Treasury Regulation Section to reimburse said expenditures with proceeds of the Bonds, the principal amount of which is not expected to exceed $2,000,000. Section 3. Unavailability of Long Term Funds. No funds for payment of the Project from sources other than the Bonds are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside by the Municipality pursuant to its budget or financial policies. Section 4. Public Availability of Official Intent Resolution. This Resolution shall be made available for public inspection at the Municipal Clerk's office within 30 days after its approval in compliance with applicable State law governing the availability of records of official acts including subchapter II of Chapter 19, and shall remain available for public inspection until the Bonds are issued. Section 5. Effective Date. This Resolution shall be effective upon its adoption and approval. Adopted this 14th day of March, 2017 BY: ATTEST: 6. Morack/Herter to approve License List. Carried 9 0. BEVERAGE OPERATOR LICENSES Mandy Hein 121 E. Spring Street Stacey Suprise N3907 Drier Road Rogelio B. Paran 1871 Timber Glade Place North Las Vegas, NV Jordan L. Humble 736 E. Beacon Avenue #5 SPECIAL CLASS B LICENSE Shamrock Club of New Dublin PO Box 317 MARCH LICENSE LIST New London Lanes Kwik Trip Tom & Dorie s Bottle Shop New London Travel Plaza St. Patrick s Day Festival PARKS & RECREATION 1. No March Meeting

6 2. Way/Steinhorst to adopt upon this second reading Ordinance No which adheres to changes the State has made that requires Municipalities to allow bow hunting on private property. Carried 9 0. Ordinance No is published separately and printed in the Ordinance Book. PLAN COMMISSION 1. The minutes of March 2, 2017 were read by Steinhorst. ECONOMIC DEVELOPMENT COMMITTEE 1. The minutes of February 28, 2017 were read by Morack. REPORTS & MINUTES DISTRIBUTED: 1. Library & Museum 2/20/2017 and 2016 Public Library Annual Report 2. Police & Fire Commission 2/20/ Utility 2/7/2017 & 2/17/ Cemetery Superintendent February Report 5. Building Inspector February Report REPORT OF OFFICERS on recent events and announcements to the Public Mayor 1. Wished the Shamrock Club good luck and good weather for their week of festivities. City Administrator 1. Kent encouraged interested citizens to stop by and visit with him about all the exciting things happening in the City such as Premier Partridge Drive Apartments, Beacon Avenue Cottages, repairs to the River Wall & new Docking system, and Railroad service to Welter Forest Products. City Clerk 1. Reminded citizens of the upcoming April 4 th election and of the photo ID requirement. Absentee Ballots are currently available if you cannot get to the polls on Election Day. 2. Reminder to the residents that live in the Outagamie County portion of the City that your polling place has changed to the American Legion located at 840 E. North Water Street. Utility Manager 1. Crews will be installing temporary service for the St. Patrick s Day Festival. 2. Crews continue to install new Electric and Water Meters 3. The 5 th annual Electronics Recycling Event is scheduled for June 3 rd. 4. Winter moratorium ends April 15 th. If warranted, delinquent Electric disconnections begin again on April 18 th as well as delinquent Water/Sewer Service. Director of Public Works 1. Spring yard waste pickup begins on April 17 th. 2. Detailed drawing for downtown River Wall Docking System is available for review at the DPW office. 3. Bid openings will be taking place for the River Wall project and various street projects. Parks & Recreation Department 1. The NL Aquatic Center will be holding a free open swim on Sunday, March 19 th that is sponsored by the Shamrock Club of New Dublin. Chief of Police 1. Thanked the Shamrock Club for purchasing new badges to be worn by the Officer at the St. Patrick s Day Festival. 2. Reminded citizens that during the St. Patrick s Day parade and festival pets are prohibited and open intoxicants are not allowed on the streets. Police Department Anniversaries: Mike Harlow 11 yrs; Ryan Denu 9 yrs; Chase Schroeder 6 yrs. Brody Erickson 2 yr.

7 Fire Chief 1. Chief Wilfuer reminded citizens to change the batteries in their Smoke Alarms and C.O. detectors. Fire Department Anniversaries: Mark Wilfuer 33 yrs; Mark Handschke 33 yrs; Nick Wickman 5 yrs; There being no other business, O Connell/Dean to adjourn. Carried 9 0. Council adjourned at 7:50 p.m. March 14, 2017