COUNCIL AGENDA - July 28

CITY OF RIPON
COMMON COUNCIL MEETING
Council Chambers, City Hall
Monday, July 28, 2008
7:00 p.m.

I. Call to order/roll call

II. Pledge of Allegiance/Invocation

III. Public communications and comment

IV. Consent calendar (Unless the Mayor, Council or staff asks that one or more of the items listed below be pulled, this list may be approved with a single vote.)
1. Application for "Class A" intoxicating liquor license – Tango Uncorked, LLC, (trade name) Uncorked, 211 Watson St, Ripon, WI 54971, Lisa Diedrich, Agent, 944 S Grove St, Ripon, WI 54971.
2. Ordinance – vehicles in timed parking must be moved at least one block
3. Resolution – authorizing State Trust Fund Loan for Stoney Ridge Road
4. Request for street closures – Maxwell Street Day (August 1st)
5. Request for street closures & beer tent – Septemberfest (September 20th)

V. Other business
1. Request for changes in on-street parking restrictions – Ripon College
(Staff note: Ripon College wants a “loading zone” space at the northwest corner of Pickard Commons, but no parking is allowed on the south side of Congress Street. Staff supports a plan reversing parking restrictions, so parking is permitted along the south side of Congress, but prohibited on the north side. To gain more parking, the college wants some parking kept on the north side, west of the Merriman House driveway entrance.)

2. Request to close certain streets for 5K race on Sunday, September 14th

3. Mayor and Council input on goals and parameters for the 2009 budget
(Staff note: As in past years, City staff wants input from the Mayor and Council on the budget. Any goals and parameters - what new things you want to see done, what about the tax rate, etc. – will help as decisions are made on crafting the proposed 2009 budget for your consideration.)

4. Staff’s proposed 5-year financial plan (with financing) for 2009-2013
(Staff note: On July 8th, Council reviewed staff’s 5-year capital list, and no items were flagged. On Monday, a plan will be offered showing how these projects may be financed. Based on your response, staff will make any desired changes, and bring a final plan to you on August 12th.)

5. Review policy – prohibition against use of compost site by contractors
(Staff note: The City prohibits contractors from using its compost site, as these firms often collect yard waste from outside the City, and there’s no good way to track where the materials come from. It has been suggested that we review the policy, based on the idea that for yard waste collected in the City, it shouldn’t matter if a homeowner or a contractor brings this material to the compost site.)

6. 2008 Housing and Employee Attraction Program – Mayor Kramer
(Staff note: On July 8th, the Council reviewed a proposal from the Mayor to encourage employees of Ripon firms to live in the City. It would give TIF monies to companies when their employees establish residency in Ripon. The City Attorney reviewed the proposal, and the new version in the agenda packet reflects the minor changes made.)

7. “Class B” licensing requirements – Ripon City Code Chapter 6.36.050(I)
(Staff note: At our last meeting, and since then, concern has been raised about the length of time that a “Class B” license holder may not have the licensed premises open for business. As set forth in the attached code section, licensed premises must be open for 9 months of a licensing year. This raises the possibility that a business can be closed from April-June, get a license for the next calendar year, and remain closed through the end of September, without being in violation.)

8. Stormwater management warrant system; review of recent complaints
(Staff note: Due in large part to recent heavy rains, the City’s stormwater management approach is being called into question. The issue is: when should the City take an active role in complaints, and what is our role in addressing these issues. I’ve attached the warrant system adopted 3 years ago, along with a list of problem areas discussed at that time.)

VI. Mayor’s communications and appointments

VII. Agenda items for future Council meetings

VIII. Adjourn to closed session under Wisconsin Statutes 19.85 (1)(e) “Deliberating or
negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session”
RE: Possible purchase of land by the City for industrial purposes

STATE SUPREME COURT RELEASES IMPORTANT DECISIONS

This will be an interesting situation to follow in the middle of an election cycle, with a larger-than-normal number of contested races for Assembly and Senate:
* The state Supreme Court ruled today that state government illegally collected sales taxes on customized computer software - a decision that could cost state government $265 million in refunds and interest it doesn't have.The 4-3 decision upheld the state Tax Appeals Commission, which ruled that the Menasha Corporation was illegally charged the 5% state sales tax on specialized software it purchased. State tax collectors had argued what the company bought was prewritten computer software, which is subject to the sales tax.Writing for the court, Justice Annette Ziegler said the three-member Tax Appeals Commission was created as "the final authority for hearing and determination of all questions of law and fact" on taxation issues. The commission's decision in the Menasha case had been reversed by a Dane County judge.The Legislative Fiscal Bureau has warned that the decision could cost state government about $265 million, when claims expected to be filed from other companies for refunds and interest is figured.Gov. Jim Doyle could call lawmakers, who are busy campaigning for their re-election in November, into special session to deal with the problem. Doyle spokesman Lee Sensenbrenner said the governor would consider whether to call a special session of the Legislature to rebalance the budget as a result of the court decision, or whether the refunds could be handled as part of the 2009-'11 budget that must pass next year. If a special session is called, it would be the second budget fix needed since the current two-year budget was signed into law last October."We've managed bigger revenue challenges than this before," Sensenbrenner added.State Revenue Secretary Roger Ervin said in a statement the decision showed why Wisconsin should join other states that have passed the Streamlined Sales Tax Agreement, a proposed national standards for items subject to the sales tax and items that are exempt. "With this (ruling) now settled, it will be our goal to work with industry to consider any legislative or rule changes to bring more clarity to our sales tax statutes," Ervin added.In spite of Menasha's interpretation of the law, the state imposed a sales tax on the software, which Menasha paid and then appealed. The state Tax Appeals Commission ruled in favor of Menasha, but Dane County Circuit Judge Steven D. Ebert later ruled that the Wisconsin Department of Revenue was correct in assessing the sales tax. In 2007, the Court of Appeals in Madison reversed Ebert's ruling and said the tax should not have been assessed. The Wisconsin business community rallied around Menasha, with the Wisconsin Manufacturers & Commerce organization helping to finance the appeal to the Supreme Court, as well as filing a friend-of-the-court brief in the matter. WMC also spent about $2 million in support of the campaign of Ziegler, a situation that caused complaints from some in Madison when she declined to step aside when the case was argued last year.Ziegler ultimately wrote the opinion.The decision worsened the state's budget picture significantly, because future spending commitments exceed revenues by more than $800 million - before today's ruling, which could cost an additional $265 million.The case had been widely followed in the business community, with dozens of other companies having claims for sales tax refunds similar to Menasha's.The case was a test of the definition of customized software under Wisconsin law. Customized software is not subject to sales tax, whereas off-the-shelf programs, such as those sold in boxes at retail outlets, are.Exactly where to draw the line between the two categories long has been a point of contention between the state Department of Revenue and the Wisconsin business community.The case decided Friday was seen as a test to answer that question. Specifically, it involved a companywide, multi-million dollar software package installed by the Menasha in the 1990s. Menasha, based in Neenah, is a privately held company that has sales of more than $900 million annually making packaging at plants across the United States. It spent considerable time and money modifying the software, leading it to argue that the program had been customized and was therefore tax exempt.
For those involved in lawsuits with the government:
* The state Supreme Court said today that government bodies can't keep information from closed meetings from people involved in lawsuits.The Supreme Court reversed a state appeals court finding that former Whitnall School District gifted and talented supervisor Barbara Sands was not entitled to information about what school board members said during a closed meeting about not renewing her contract.The Supreme Court says people involved in lawsuits should be entitled to such information. The court says excluding the public from closed meetings doesn't automatically shield a government body from those requests.
The impact on economic development in Wisconsin will be interesting to follow as the court rules further determinations should be made on a "case-by-case basis":
* In a separate ruling, the court ruled that a Beaver Dam economic group is subject to Wisconsin's open meetings and records laws.The court said today an entity is a quasi-governmental body and subject to those laws if it closely resembles a government corporation, but that a determination should be made on a case-by-case basis.A citizens group has alleged the Beaver Dam Area Development Corporation negotiated secretly with Wal-Mart to bring a $55 million distribution center to the city.The Supreme Court says the corporation is financed exclusively by tax dollars, its office was located in the municipal building, it was listed on the city's Web site and the city gave the group clerical support and office supplies.

Another round of heavy rain????

Here we go again?????

FLASH FLOOD WATCH IN EFFECT FROM TUESDAY EVENING THROUGH WEDNESDAY MORNING...THE NATIONAL WEATHER SERVICE IN MILWAUKEE/SULLIVAN HAS ISSUED A* FLASH FLOOD WATCH FOR PORTIONS OF EAST CENTRAL WISCONSIN... SOUTH CENTRAL WISCONSIN AND SOUTHEAST WISCONSIN...INCLUDING THE FOLLOWING AREAS...IN EAST CENTRAL WISCONSIN...FOND DU LAC. IN SOUTH CENTRAL WISCONSIN...COLUMBIA...DANE...GREEN...GREEN LAKE...IOWA...LAFAYETTE...MARQUETTE AND SAUK. IN SOUTHEAST WISCONSIN...DODGE.

FROM TUESDAY EVENING THROUGH WEDNESDAY MORNING - AN APPROACHING COLD FRONT WILL INTERACT WITH A VERY MOIST AND UNSTABLE AIRMASS OVER SOUTHERN WISCONSIN TO GENERATE WIDESPREAD SHOWERS AND tHUNDERSTORMS TONIGHT. THE MOST INTENSE STORMS THAT WILL PRODUCE THE HEAVIEST RAIN AND SEVERE WEATHER ARE EXPECTED OVER SOUTH CENTRAL WISCONSIN. RAINFALL AMOUNTS OF 2 TO 4 INCHES AND POSSIBLY HIGHER AMOUNTS ARE EXPECTED OVER SOUTH CENTRAL WISCONSIN. LESSER AMOUNTS OF RAIN BUT STILL HEAVY AT TIMES ARE POSSIBLE OVER SOUTHEAST WISCONSIN.A FLASH FLOOD WATCH IS ISSUED WHEN RAPID FLOODING OFCREEKS...STREAMS... RIVERS...AND URBAN AREAS IS POSSIBLE. FLASHFLOODING CAN BE A VERY DANGEROUS SITUATION. YOU SHOULD MONITORLATER FORECASTS AND BE PREPARED TO TAKE ACTION SHOULD FLASH FLOODWARNINGS BE ISSUED.

FAVRE COMING BACK?????

With his family "tugging" on him to play, Brett Favre has an "itch" to come out of retirement and report to training camp with the Green Bay Packers later this month, according to sources close to the team and player.
Favre has communicated his potential desire to coach Mike McCarthy but talks have not advanced to a substantive stage, a Packers source said.
The source said the Packers would be reluctant to open the door for Favre because "Brett retired for the right reasons, even though I know his family is tugging on him [to play]."
Another source conceded Favre was "getting the itch" to play football in 2008.
However, Favre's agent downplayed the likelihood that the quarterback could un-retire or that he was prepared to report to camp July 28.
"As far as I know, right now, Brett Favre is retired and until he tells me something different, that's what it is," James "Bus" Cook, Favre's agent, said.
Favre was unavailable for comment. A Packers spokesman said that McCarthy and general manager Ted Thompson were on vacation.
Favre has two years remaining on his contract at an average of about $12.5 million per season. His salary is not currently counting toward the salary cap because the Packers placed him on the reserve-retired list.
If Favre decides that he absolutely wants to play this season, the Packers could be confronted with a sensitive issue. The entire offseason has been spent preparing Aaron Rodgers to play quarterback to the point where "the offensive scheme has evolved" and, psychologically, closing the door on Favre's legendary 17-year career.
If the Packers resist a stronger push by Favre to return, sources speculate that the quarterback could press the team to release him from his contract so that he could seek a job with another team. A league official said that Favre could force a decision by asking the Packers, in writing, to reinstate him to active status. The team would have to comply or release him.
"That's speculation and I wouldn't go there," a team source said. "We value Brett's legacy, we think he values it, and we'd want to protect that. Brett's a high-quality person and he's not going to push it that far. He'll do the right thing [and stay retired]. This was almost predictable, the idea that Brett would get the itch to play as we get closer to the season."
In an interview done with ESPN around the time Favre retired in early March, McCarthy predicted Favre "will have an itch to come back. I saw Joe Montana go through it, even though I was a younger coach in Kansas City at the time."
McCarthy said it was Favre who convinced the coach that retirement was the "right thing to do."
"I tried to talk him out of retirement," McCarthy said back in March. "Tom Clements [Green Bay's quarterbacks coach] and I were trying to sell him on the concept that he could still play at a high level with 80-to-85 percent of the commitment he had last year. Brett thought that maybe he could do it but he reasoned that when you cut back the commitment, you open yourself up to injury, to not being on top of your game -- which was very important to Brett -- and letting the team down in the process.
"Really, what Brett did was very honorable because the stress and pressure he feels is a direct result of the standard he sets for himself."

http://sports.espn.go.com/nfl/news/story?id=3471189