CUMBERLAND, WISCONSIN

July 06, 2010

The Common Council of the City of Cumberland, Barron County, Wisconsin, held a regular meeting on Tuesday, July 6, 2010, 7:00 P.M., with Mayor Mysicka presiding. The following Alder persons answered roll call: Slayton, Strickland, Bridger, Anderson, Cifaldi, Taylor, Peters, and Zappa.

Absent: Alderman Strickland.

Also present: City Attorney, Peter Van Sickle, Kate Erdahl, Steve Linton, , Diana Ostness, Jerry Chartraw, Kyle Schauf, Jim Price, Bill Waldvogel, Arlene Frisinger, Mike Skinner, Charles Christensen, angi Goodwin, Carl Bents, Jay Michels, Darin Moravitz and other citizenry.

Mayor, Mysicka called the meeting to order at 7:00 P.M.

Motion was made by Cifaldi, seconded by Bridger, vote passed, to approve payment of June 2010 expense from check #18,959 through check #19,193 in the amount of $304,673.51.

Motion was made by Taylor, seconded by Bridger, vote passed, to approve the minutes (as corrected) of the June 1 and 8, 2010 Regular and Special Council meetings, respectively. The 6-8-10 Special Council minutes are corrected as follows:

“Building Inspector, Jim Price noted that the Das Lach Haus is located in a C-1 commercial district which requires a principal building setback of 25' which may be non conforming at this time. Kathy Nault Alt, DOT, was contacted by Mr. Price concerning a driveway approach which was permitted but never completed by design requirements that includes turning lanes.

Mr. Price noted that Ms. Nault Alt, DOT, is concerned about the encroachment of the Das Lach Haus awning into the DOT Right Of Way, (ROW). The DOT surveyor was ordered to survey this issue and render a disposition on this issue but was not able to complete the survey by today’s meeting.”

1. Mayor Mysicka invited those present to address the Council under the public comment period:

Bob George noted that there are two construction sites proposed for the new City Hall. The vacant municipal property previously occupied by the old wastewater treatment plant and the Das Lach Haus. The difference in the suggested purchase price between the two said properties is $600,000 with the new facility projected to cost $1.7 million dollars and the Das Lach Haus at $1.1 million dollars.

The Das Lach Haus would provide double the space requirements and the old wastewater treatment site should be sold and the proceeds used to aid in the purchase of the Das Lach Haus.

Dari McDonald introduced herself as a candidate for the 75^th Assembly District and discussed her platform as a prospective State Representative.

2.a. Motion was made by Peters, seconded by Cifaldi, vote passed, to approve Operators licenses for all applicants within the City of Cumberland under licensing period 7-1-10 / 6-30-11 currently on file at the City Clerk-Treasurers Office.

2.b. Motion was made by Cifaldi, seconded by Taylor, vote passed, to approve a Transient Merchant license for all applicants within the City of Cumberland under licensing periods 7-1-10 / 6-30-11 currently on file at the City Clerk-Treasurers Office.

2.c. Motion was made by Cifaldi, seconded by Anderson, vote passed, to approve a Pawn Broker license within the City of Cumberland under licensing periods 1-1-10 / 12-31-10 for Tom Varcato with location at 1323 2^nd Avenue upon the payment of the $210 licensing fee for the stated licensing term.

Darin Moravitz noted that setback issues exist for the Das Lach Haus.

Mayor Mysicka noted that until those setback issues are resolved a building permit would be denied and advised the Council that he would veto a vote of the Council in favor of purchasing the Das Lach Haus as the proposed new City Hall which will require a 2/3 vote of the Council to override the said veto at the 8-3-10 regular Council meeting.

Jim Price contacted the WI DOT relative to a receipt of a CSM for the Das Lach Haus property but has not received any other documentation or professional opinion of the said building pertaining to its current condition or other requirements to bring the said building into compliance or a needs assessment from the City of Cumberland showing how the said building will comply with existing specifications for the proposed new City Hall.

Alderman Taylor noted that the June Council requested information on the current condition of the Das Lach Haus from an architectural or engineering firm.

Carl Bents noted that all building deficiencies of the Das Lach Haus were completed in 1998.

Jim Price noted that the selling price of the Das Lach Haus of $1.1 million is not based on any professional input stipulating the validity of the $1.1 million proposal. If building cost difference of $500,000 is to be compared, the two buildings should be comparable to one another as one building is proposed as a new structure whereas the building life of the Das Lach Haus may be at 50% and is an illegal building. Typical buildings have a 20 to 30 year life that include roofing, siding, plumbing, HVAC and other building equipment that must be updated and brought into building code compliance.

Carl Bents noted that a 20 to 30 year building life is not realistic as Mr. Bents built two apartment houses within the City of Cumberland over 50 years ago and those buildings are still in excellent condition to date.

Mayor Mysicka cited that an ad hoc committee was appointed to evaluate the various building sites within the City of Cumberland and their decision was the old wastewater treatment plant site to include a new administrative building for a $1.6 million projected expense.

Alderman Cifaldi noted that the proposed $500,000 savings projected for the Das Lach Haus is not accurate as there is $140,000 in furnishings, a proposed garage and building contingencies not included in the purchase price which totals near $300,000. Also remodeling costs have been previously cited at $110 to $140 per square foot.

Alderman Taylor noted at the June Council meeting that he had requested professional documentation to include a structural report on the Das Lach Haus but this information is not available to date.

Darin Moravitz noted that the June Council only asked for a survey of the Das Lach Haus property.

Alderman Cifaldi questioned a resolution to the setback issue if a 25' front yard setback were granted for the Das Lach Haus.

Jim Price responded that the Das Lach Haus would then be brought into compliance with the zoning code. Under 17.11 of the MC, yard regulations require minimum front yard set backs of 15' in residential zones and 10' in any industrial or commercial zones and according to Mr. Ritchie’s CSM the Das Lac Haus has a 9' 3" setback and consequently the (BOA) Board Of Appeals does not have anything to work with relative to granting a variance for a lesser setback.

Alderman Zappa questioned if the $1.1 million purchase price of the Das Lach Haus does in fact include all furnishings. Mr. Bents acknowledged that it does.

3. Motion was made by Peters, seconded by Anderson, vote passed, to approve a proposal to remodel the Das Lach Haus,1788 Elm Street, as a potential structure to accommodate the proposed City Hall, Police Department and Municipal Court.

Those in favor of the motion: Slayton, Anderson and Peters.

Opposed to the motion: Bridger, Cifaldi, Taylor and Zappa.

Motion failed.

Kyle Schauf noted that the new administrative facility would require 6 to 8 weeks time to produce bid documents and obtain state plan approval. Construction is projected to commence in September 2010 with a construction schedule for the said facility of 8 to 10 months.

Two more meeting will be required to decide a detailed floor plan to include interior details and finishes with a user group to help decide those details for the project.

It was the consensus of the Council to utilize the Public Works Committee to determine all project details.

Alderman Cifaldi noted that Jim Price is authorized to approve project plans on behalf of the State.

4. Motion was made by Bridger, seconded by Peters, vote passed, to approve a proposal of the option “C” plan report as recommended by the Ad Hoc Committee amending proposed construction plans for a New City Hall, Police Department and Municipal Court Building to include the proposed site plan, floor plan, project cost estimate and / or elevation plans.

Bill Waldvogel representing the Cumberland Downtown Facade Reinvestment Committee, (DFRC) presented a summary of the activity occurring under the Facade / Micro Loan program.

The City of Cumberland initiated a revolving loan fund in 1997 through 2006 over such term, five loans were made to applicants totaling $250,000. In 2007 the DFRC and Common Council elected to combine the City of Cumberland Revolving Loan Fund, (RLF) into a regional RLF with seven other Counties.

The City of Cumberland contributed $305,000 in local RLF into a regional RLF of $17,000,000 as administered by the West Central Wisconsin Regional Planning Commission, (WCWRPC) of which $4,000,000 was set aside for the downtown facade, micro-loan and technology enterprise loan programs.

The regional RLF has loaned $1,300,000 to Barron County to date of which the City of Cumberland DFRC has received $618,000 to stimulate growth of business within the City of Cumberland. To date the City of Cumberland has extended more business loans than any other Community within the seven County RLF.

Alderman Zappa questioned why the boundary of the Cumberland City RLF did not extend to those business closest to the corporate boundaries.

Mr. Waldvogel responded that the DFRC initially requested such a boundary for the RLF, extending to the Country Store to the North and Community Motors to the West however, the said RLF loan program guidelines were designed to stimulate business growth in the immediate downtown areas.

5. Motion was made by Taylor, seconded by Anderson, vote passed, to approve an update of activity occurring under the Facade / Micro Loan programs within the Cumberland Downtown Facade Reinvestment Committee.

6. Motion was made by Zappa, seconded by Peters, vote passed, to approve adoption of resolution #7610 to allow the Barron County Humane Society to act as agent for the City of Cumberland for the purpose of selling dog licenses at their facility in the City of Barron.

7. There was no letters, new or unfinished business presented for referral.

A. Motion was made by Peters, seconded by Taylor, vote passed, to approve an application filed by Ken Pendlelton for a license to operate a flea market operating under the name of Rah Rah’s Flea market, 1390 1^st Avenue, City of Cumberland.

B. Motion was made by Cifaldi, seconded by Anderson, vote passed, to approve an application filed by Kathryn Horton for a license to operate a Secondhand Article Dealer operating under the name of Years Ago Antiques, 1367 2^nd Avenue, City of Cumberland.

C. Motion was made by Peters, seconded by Zappa, vote passed, to approve an application filed by Nancy Gagner for a license to operate a Secondhand Article Dealer operating under the name of Twice As Nice, 1350 2^nd Avenue, City of Cumberland.

Charles Christensen advised the Council that CDBG / TEA grants would be applied to extend Sorensen Street in conjunction with the water tower project at no cost to the tax payer or increase in utility rates. Mr. Christensen advised that the proposed following resolution appoints the general manager of the municipal utility as project representative to pay all project expense via expense reimbursement through the project grants.

The said grant(s) require that Ardisam create approximately 70 new jobs over 5 years.

D. Motion was made by Cifaldi, seconded by Zappa, vote passed, to approve a resolution #7610 dated July 6, 2010 authorizing the West Central Wisconsin Regional Planning Commission (WCWPC) to be retained as grant administrator for $349,825 in Community Development Block Grant (CDBG) Public Facility for Economic Development (PFED) funding and $385,850 in Transportation Facilities Economic Assistance and Development (TEA) to complete infrastructure improvements in conjunction with the Ardisam / Sun Power Bio-diesel expansion project to include the appointment of the General Manager of the Cumberland Municipal utilities as the authorized representative for financial matters related to the above funding sources.

Motion was made by Taylor, seconded by Zappa, vote passed, meeting adjourned.

Dennis Rockow, Clerk_Treasurer

City of Cumberland Pop. 2,357

1356 2nd Ave., PO Box 155

Cumberland, WI 54829

715.822.2752/ Fax 715.822.3799

cumberland@charter.net

www.cityofcumberland.net

C:\my files\coun 7610.wpd

APPLICANTS FOR OPERATORS LICENSE CONSIDERED FOR APPROVAL AT 7-6-10 COUNCIL FOR LICENSE PERIOD 7-1-10 / 6-30-11.

AGENDA ITEM #2.a.

1. Laura Valles

2. Kathryn Zappetillo

3. Laura Camp

4. Andrew Visger

5. Doreen Summerlin

6. Crystal Ramsey

7. Tricia Pedersen

8. James Moss

9. Kari Owens

10. Theresa Krueger

11. Shannon Just

12. Tracy Hansen

13. Tina Poznikowich

14. Melinda Lehmann

15. Darrel Spencer

16. Cody Ross

17. Kari Webert

18. Caitlin Eaton

19. Cody Ross

20. Mark Corothers

21. Adria Frie

22. Jamie Frie

23. Kimberly Baker

24. Martha Kirby

25. Chad Ostrum

26. Travis Lehmann

27. Jake Miels

updated: 7-6-10

C:\my files\coun7610.wpd

TRANSIENT MERCHANT DETAIL

2.b.1. Transient Merchant license for Cumberland Chamber of Commerce for the sale of produce at a Farmer’s Market, from 7-24 through 10-2, 2010 with location at the municipal parking lot.

2.b.2. Transient Merchant license for Lynn Kubicek, (Pepin Produce) for the sale of sweet corn from 7-10 through 8-, 2010 with location at 1215 Elm Street, (Remax).

2.b.3. Transient Merchant license for Robert Bos, (Produce) for the sale of garden produce from 7-20-10 through 11-10-10 with location at 1190 2^nd Ave., (Mr G’s Car Wash).

Updated: 7-6-10

C:\my files\coun7610.wpd

A. Motion was made by ________________, seconded by ______________, to adopt a short term borrowing resolution in the amount of _________________to meet general operating expenses authorizing the Clerk-Treasurer to solicit the lowest interest rate between U.S. Bank, Cumberland Federal Bank and Turtle Lake Bank.

Those in favor of the motion: Slayton, Strickland, Bridger, Anderson, Cifaldi, Taylor, Peters, and Zappa.

Opposed to the motion: None.

Motion carried.

FOLLOWING APPROVED IN 2009

2.h.1. Transient Merchant license for the Cumberland GAP on 7-3 & 4, 2009 with location to include the entire area of Tourist Park.

2.h.2. Transient Merchant license for Cumberland Memorial Hospital for the sale of hamburgers, brats, pop, water and baked goods on 6-26 & 27, 2009 with location at 2025 Superior Ave. (Louie’s Finer Meats)

2.h.3. Transient Merchant license for Hungry Hollow Steam & Gas Engine Club for the sale of brats, pop and hotdogs on 7-10 & 11, 2009 with location at 2025 Superior Ave. (Louie’s Finer Meats)

2.h.4. Transient Merchant license for Karen Mommsen for the sale of fresh strawberries from 6-1-09 to 8-21-09 with location at 1201 Elm Street. (Subway)

2.h.5. Transient Merchant license for Allen Newell, Nu-Veggies for the sale of garden vegetables from 6-1 through 10-15, 2009 with location at 1390 2^nd Ave. (Cumberland Federal Bank).

2.h.6. Transient Merchant license for Lindy’s Berries for the sale of strawberries and raspberries from 6-11 through 7-31, 2009 with location at 2025 Superior Ave. (Louie’s Finer Meats).

FORMAT MOTIONS FOR EACH AGENDA:

9.a. Motion was made by ________________, seconded by ______________, vote passed, to refer letters / petitions as presented by __________ to the ________________ committee.

9.b. Motion was made by ________________, seconded by ______________, vote passed, to refer, new, unfinished business consisting of ______________________ to the _________________ committee.

9.c. Motion was made by ________________, seconded by ______________, vote passed, to add agenda items consisting of __________________________ to the July 7, 2009 Council agenda.

9.d. There was no letters, new or unfinished business presented for referral.

Motion was made by _____________, seconded by ________________, vote passed, to approve an application for a “Class B” Retailer’s license for Cumberland Youth Hockey Assn., on June 21 and 22, 2008 with location at 500 8^th Ave (Hockey Arena).

Motion was made by _____________, seconded by ________________, vote passed, to approve a Transient Merchants license for Hungry Hollow Steam & Gas Engine Club, Inc., for the sale of Brats and hot dogs with location at 2025 Superior Ave, ( Louie’s Finer Meats) on May 30 and 31, 2008.

2.i. Motion was made by ___________, seconded by _____________, vote passed, to approve Temporary “Class B” retailer’s licenses for the Spot Bar Softball Team at Islander Park on June

____through July __, 2008.