9-9-26 – CC Special Session FULL PACKET

AGENDA NOTICE THE COMMON COUNCIL OF THE CITY OF EAGLE RIVER WILL HOLD A SPECIAL MEETING ON WEDNESDAY, SEPTEMBER 9, 2026, 4:00 PM AT CITY HALL, 525 E. MAPLE STREET IN EAGLE RIVER. The meeting will be available via Zoom at the following link: https://us06web.zoom.us/j/81145375663?pwd=bQHqovHJVhgsraba1g3yEoGUXFGtmf.1 Meeting ID: 811 4537 5663 Passcode: 064873 1. Call to Order 2. Roll Call 3. Discussion and Possible Action on the Following Agenda Items: a) The Common Council will meet with Nathan K. Miller of Weld Riley to become acquainted with the attorney and his firm, and to discuss qualifications, municipal law experience, and proposal to provide legal services to the City of Eagle River. Discussion will be limited to the attorney's qualifications, firm, proposed scope of services, and related general questions; no specific pending or existing legal matters are anticipated to be discussed. 4. Adjourn Please note that, upon reasonable notice at least 24 hours in advance, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services or provide a video link for meetings. For additional information, or to request this service, please contact the City Clerk's Office at 715-479-8682 ext. 224,525 E. Maple Street, P.O. Box 1269, Eagle River WI 54521. Date of posting 8/18/26 3:00pm CITY OF EAGLE RIVER GENERAL LEGAL SERVICES REQUEST FOR PROPOSAL August 28, 2026 R obin Ginner City Administrator City of Eagle River 525 E. Maple Street, PO Box 1269 Eagle River, WI 54521 rcgrinner@eagleriverwi.gov R E: Response to Request for Proposals Regarding General Legal Counsel for the City of Eagle River Dear Ms. Ginner: Weld Riley, S.C. (“Weld Riley”) is pleased to provide this response to the r equest for information for General Legal Service for the City of Eagle River based upon the recommendation of Weld Riley from Steve Garbowicz. We greatly appreciate this opportunity. With offices in Eau Claire, M enomonie, Black River Falls, Wausau, and Tomahawk, Weld Riley can assist the City of Eagle River in nearly every legal matter that could arise. We believe our attorneys possess a breadth of experience and expertise which is unmatched in Wisconsin. Please see the enclosed information regarding our law firm and its history, our attorneys and their experience, and our references. Thank you again for the opportunity to submit a proposal for the City’s legal services. After your review, if you or the City Officials have any questions or desire to discuss our “fit” with the City, please do not hesitate to ask. We are looking for ward to meeting everyone on September 9, 2026. WELD RILEY, S.C. John Robert Behling President Nathan Miller HISTORY W eld Riley, S.C. began in Eau Claire in 1978 as a branch office of a Milwaukee law firm. Originally, our attorneys focused on representing employers in collective bargaining, labor, and employment law matters. I n 1991, the seven attorneys practicing in the Eau Claire office formed Weld, Riley, Prenn & Ricci, S.C. At the time, the firm’s practice areas included business, corporate, and municipal law. S ince then, Weld Riley has expanded both in the number of attorneys and in practice areas. Today, we have 27 attorneys in four locations, representing clients in municipal law, labor and employment, business law, probate and estate planning, tax representation, mining and mineral rights, environmental law, banking and creditor’s rights, civil litigation, criminal defense, and family law. A fter 25 years, we shortened our name and updated our logo. While the firm’s name and “face” have changed, our history, values, and commitment to our Wisconsin roots remain. Weld Riley, S.C. can be counted on for the same high level of dedicated, respons ive service, and legal insight delivered by the attorneys and staff our clients know and trust. ORGANIZATION STRUCTURE O ur dedicated team is made up of 27 attorneys and 11 paralegals that provide outstanding customer service and advice to our clients. John Behling serves as the Firm President. Matthew Mayer serves as Branch Manager for the Wausau Office. W eld Riley, S.C. is organized as a service corporation under the laws of Wisconsin. We are responsible for professional liabilities incurred by our attorneys. We maintain professional liability insurance as required by the Rules of Professional Conduct of the Wisconsin Supreme Court. COMMUNITY INVOLVEMENT W eld Riley, S.C. attorneys are very active in their local communities. A ll our attorneys are involved in either civic organizations or provide pro bono service to the communities where they live. EXPERIENCE Representation of municipal clients is a core practice group at Weld Riley, and we have extensive day-to-day involvement with local government units. This involvement includes providing legal opinions, drafting resolutions and ordinances, conducting municipal prosecutions, attending meetings, representing municipalities before state and federal courts and administrative agencies, negotiating transactions, and advising local government units and officials regarding corporate, governmental, and proprietary disputes. W e serve as outside counsel for numerous municipalities, which means we understand the concerns of administration and department heads when it comes to responding to urgent and emergency situations. As the City of Eagle River’s attorney, you will have the ability to contact us 24/7 for advice and guidance. Our firm’s size and scope also mean we can have an experienced attorney available for in- person consultation, whenever needed. B uilt on our long history of serving municipalities, we continue advising and counseling municipalities and their officials when confronted with issues concerning: • Condemnations • Real Estate Transactions • Planning • Annexation • Land Use • Zoning Laws • Solid Waste Management • Disposal Siting • Recycling • Natural Resources and Mining Regulations • Open Meeting and Public Records Issues • Negotiating and Reviewing Developer’s Agreements and Other Contracts • General Litigation • Advice Regarding all Aspects of Employment Law and Municipal Labor Relations I n our capacity as legal counsel for numerous municipalities, we understand how local governing bodies work and are familiar with the policies and procedures that must be followed. Through this experience, we have become very familiar with the roles and duties of governing bodies. SPECIALIZED MUNICIPAL LEGAL SERVICES O rdinance Drafting and Revisions and Resolution Drafting Advice and Counsel Regarding Governmental and Proprietary Affairs Annexations Intergovernmental Agreements Zoning Advice, Counsel and Litigation; Representation of Committees and Boards of Appeal Condemnations Collective Bargaining Tax Incremental Financing Issues General Property Tax Issues Special Assessments Subdivision Controls Streets and Easements Law Developer’s Agreements Public Bidding and Municipal Contract Law Open Meetings Law Applications and Public Records Law Applications Parliamentary Procedure First Amendment Rights and Governmental Practices Claims and Litigation, including Appeals Municipal Employment Law Applications Powers and Duties of Elected Officials Election Law Issues Municipal Property Issues Representation before Wisconsin Employment Relations Commission Appellate Representation Land Use and Zoning Law Prosecution of Municipal Violations Right-of-way Documents Administrative Law Police and Fire Commission Proceedings Water Law Urban Renewal Law Environmental Law Dispute Resolution Conflict of Interest/Local Officials Code of Ethics Real Estate Transactions Family Medical Leave Compliance Unemployment Compensation Workers’ Compensation American Disabilities Act Compliance Employment Discrimination Litigation Review of Current Personnel Policies and Preparing Employee Handbooks CRITICAL VALUE TO YOUR MUNICIPALITY B elow is an overview of the areas of our practice that we believe are of most critical importance to the City of Eagle River: M unicipal/Governmental Law W e serve as general counsel for various municipalities and render legal advice regarding general municipal matters. M unicipal Prosecution W e appear on behalf of the City for all ordinance violations, including traffic citations. Our municipal prosecutors are quite knowledgeable and stay up to date on all things that are heard in municipal courts. O pen Meetings Compliance C ompliance with the Open Meetings Law is essential for all local government bodies. We work with officials on compliance with the basic principles of the Wisconsin Open Meetings Law and provide guidance on compliance with the law. In addition, we counsel our clients on the requirements and valid reasons for meeting in closed session. P ublic Records Compliance Loc al news media have aggressively used this law to seek records from local governments. We regularly work with officials on compliance with the Public Records Law, including the obligations of all local officials under the law. C onflict of Interest/Local Officials Code of Ethics T he conduct of elected officials is subject to tremendous scrutiny today. We work with elected officials to address the Conflict of Interest Law, the Code of Ethics for Local Officials, the limitations placed on local officials by the laws, and situations that could result in a violation of the law. M unicipal Litigation W e represent municipal clients on all matters involving municipal litigation, including zoning disputes, ordinance compliance matters, administrative law matters, environmental law matters, and other general municipal matters. R eal Estate & Development W e provide counsel in all aspects of real estate transactions, including purchases, sales and preparation of lease and easement agreements. Weld Riley also has extensive experience in assisting municipalities in drafting development agreements and implementing Tax Increment Districts through Tax Increment Financing. We represent public employers in litigation matters involving real estate, such as zoning, ownership disputes and annexation. La nd Use and Zoning Law Our attorneys are regularly on the front lines for land use and zoning issues, and we have helped to develop, implement, and adjust zoning plans in several of our local communities. We understand the complexities of public relations relating to these issues, and we stand ready to help you navigate the terrain no matter how bumpy it may be. I mpasse Resolution Procedures We represent public sector employers in utilizing the impasse (i.e., mediation and arbitration) procedures set forth under Sections 111.70 and 111.77 of the Wisconsin Statutes. G rievance and Contract Interpretation W e prepare and draft legal opinions on grievance matters and represent employers in arbitration proceedings. We submit briefs and arguments to an arbitrator in support of the client’s position as part of grievance arbitration proceedings. F amily Medical Leave Compliance/Unemployment Compensation/Worker’s Compensation W e review policies and procedures to ensure compliance with state and federal Family and Medical Leave Acts and counsel employers on compliance. In addition, we represent employers involved in litigation with the Department of Workforce Development, Department of Labor, and state and federal courts with respect to compliance with the Family and Medical Leave Act, unemployment compensation, and worker’s compensation matters. E mployment Discrimination Litigation W e provide counsel to local government employers about compliance with state and federal Equal Opportunity Laws, including how to protect against claims of discrimination and harassment. We represent local government employers in defense of complaints of discrimination in all courts and administrative agencies. Police and Fire Commission Proceedings We counsel police and fire chiefs and commissions on the proper procedures for employee discipline and assist with commission hearings. La yoffs and Consolidation of Services When staff changes are unavoidable, we advise local government boards on the legal and contractual issues related to layoffs, reductions in force, subcontracting, and consolidation of services. R eview of Current Personnel Policies and Preparing Employee Handbooks W e provide review and analysis of personnel policies, procedures and/or work rules. We consult with the client for the purpose of drafting personnel policies and employee handbooks for the purpose of personnel administration. S tate and Federal Courts W e provide representation before the Wisconsin Employment Relations Commission, Department of Workforce Development, Department of Public Instruction and state and federal courts, in such matters as discrimination claims, unit determination matters, declaratory rulings, and prohibited practice complaints. PRIMARY CONTACTS A ttorneys John Robert Behling, Nathan Miller and Megan Kelly will serve as the primary contacts for the City of Eagle River and may be assisted by additional members of our Government Law Section. I n practice, you need only contact one of your primary contacts, and we will handle dividing the work to ensure your legal needs are addressed effectively and in a timely manner. A ttached please find biographical information for Attorney Miller , Attorney Kelly, and our Firm President Attorney John Behling. Additional information may be furnished upon request and is available on our web page. W e invite you to visit our website at www.weldriley.com which also contains additional information on the Firm. LEGAL FEES AND BILLING PRACTICE Fees will be billed at a rate of $305 per hour for general municipal legal s ervices. The $305 hourly rate applies to general municipal legal work performed by shareholders. Associates and paralegals will charge a lower rate. Legal assistant work is not billed. No retainer fee will be charged. Mileage for travel will be billed using the IRS approved rate. Legal fees and expenses are billed monthly unless other arrangements are agreed upon under special circumstances. The normal billing period closes at the end of each month, and our monthly statements summarize all professional charges incurred during the prior month. Billings are made upon the basis of incremental tenths of an hour. The minimum charge, accordingly, is 1/10th of an hour, although our experience is that telephone calls and other forms of contact typically require a minimum of 2/10th of an hour. POTENTIAL CONFLICTS OF INTEREST W e are a relatively large law firm, and we represent many municipalities, companies, and individuals. It is possible that some of our present and future clients will have business relationships and potential or actual disputes with the City of Eagle River. We will not knowingly represent clients in matters that are adverse to the interests of the City of Eagle River without your permission and informed consent. WORK NOT COVERED BY THIS PROPOSAL W e are pleased to reiterate our ability and capacity to provide full City of Eagle River Attorney services, including all the routine, non-routine, and prosecutor services listed in your request. Further, we believe the breadth and depth of expertise the attorneys in our firm possess will enable us to address many of the occasional services requiring unusual expertise including labor counsel, contract review, and planning issues. PROFESSIONAL LIABILITY INSURANCE Weld Riley, S.C. is organized as a service corporation under the laws of Wisconsin. We are responsible for professional liabilities incurred by our attorneys. We maintain professional liability insurance as require d by the Rules of Professional Conduct of the Wisconsin Supreme Court. The list below includes the carriers and amounts of insurance for our various policies: • QB E Professional Liability Insurance (malpractice): $5,000,000/$5,000,000 • S pectrum General Liability: General Aggregate Limit: $2,000,000; Products/Completed Operations General Aggregate: $2,000,000; Each Occurrence: $1,000,000; Personal and Advertising Injury Liability: $1,000,000; Damage to Premises Rented to You Limit: $100,000; Medical Expense Limit: Excluded • S ociety Insurance ( Worker’s Compensation): Bodily Injury by Accident: $500,000/accident; Bodily Injury by Disease: $500,000/ee; Bodily Injury by Disease: $500,000/policy limit. • T raveler’s Businessowner ’s Policy : General Aggregate Limit: $2,000,000; Products/Completed Operations G eneral Aggregate: $2,000,000; E ach Occurrence: $1,000,000; Personal and Advertising Injury Liability: $1,000,000; Damage to Premi ses Rented to You Limit: $300,000; Medical Expense Limit: $5,000 • T raveler’s Umbrella Policy: $2,000,000 CONCLUSION In summary, we believe Weld Riley has the requisite skills and abilities to effectively represent the City of Eagle River while also providing services in a cost-effective manner. REFERENCES We have several municipal client contacts willing to provide references to your Firm. In addition to these references , it is worth noting that we represent or have represented in some capacity around 127 cities, villages, towns, counties, and lake districts throughout Wisconsin. City of Altoona 1303 Lynn Avenue Altoona, WI 54720 Michael Gloat, City Administrator (715) 839-6092 michaelg@vi.altoona.wi.us City of Menomonie 800 Wilson Street Menomonie, WI 54751 (715) 232-2187 Eric Atkinson, City Administrator eatkinson@menomonie-wi.gov City of Bloomer 1503 Main Street Bloomer, WI 54724 Sandi Frion, City Administrator (715) 568-3032 City of Neillsville City Hall 106 W. Division Street Neillsville, WI 54456 (715) 743-2105 Luke Friemoth, City Administrator City of Cumberland 950 1st Avenue Cumberland, WI 54829 (715) 822-2752 Randy Reeg, City Administrator cityadmin@cityofcumberland.net Village of Plover 2400 Post Road P.O. Box 37 Plover, WI 54467 Steve Kunst, Village Administrator (715) 345-5250 skunst@ploverwi.gov City of Chippewa Falls 30 West Central Street Chippewa Falls, WI 54729 (715) 726-2719 Bridget Givens, City Clerk City of River Falls River Falls City Hall 222 Lewis River Falls, WI 54022 (715) 426-3402 Scot Simpson, City Administrator Ssimpson@rfcity.org Jackson County 307 Main Street Black River Falls, WI 54615 (715) 284-0258 Melissa Windsor, County Clerk MUNICIPAL CLIENTS Below is a list of current active municipal clients that we represent and are in contact with on a regular basis: City of Altoona Village of Athens Village of Auburndale Town of Barnes Bayfield County Village of Birchwood City of Bloomer Town of Bloomer Village of Boyd Town of Bridge Creek Town of Brighton Village of Bruce Town of Cable Village of Cadott Village of Cameron City of Chippewa Falls Clark County Village of Colfax City of Cornell Village of Couderay City of Cumberland Village of Curtiss City of Durand Village of Edgar Village of Fairchild Village of Fall Creek Town of Grand Rapids Village of Grantsburg Town of Hallie Town of Harrison Town of Hayward Jackson County Town of Lafayette Town of Lakeland Town of Maple Plain City of Menomonie Town of Menomonie Town of Mentor Village of Minong City of Mondovi Village of New Auburn Town of Oakland Pepin County Town of Pine River Village of Plover Village of Radisson Village of Rib Mountain City of River Falls Town of Rock Creek Town of Seymour Town of Sioux Creek Village of Siren Village of Somerset Village of Spencer City of Spooner City of Stanley Village of Stratford City of St. Croix Falls Village of Turtle Lake Town of Union City of Whitehall ATTORNEY RESUMES ATTO RNEY JOHN ROBERT BEHLING John is known throughout the state for his expertise in regulatory, environmental, zoning, permitting, and public relations efforts on behalf of his clients. John practices in the areas of Frac Sand, Mining and Minerals, Government Relations and Administrative, Cooperative, Municipal & Environmental law. John was unanimously elected President of the Weld Riley Firm in April of 2019. John is “results oriented” and recently represented an oil and gas company in brokering an agreement with the Town of Howard in Chippewa County on a Non-Metallic (“Frac Sand”) Mining Agreement. This Agreement is now known statewide and has become the standard for companies and Municipalities alike. John has a pr oven track record of introducing inter national and local entrepreneurs to federal, state, and local leaders. Thes e intr oductions allow his c lients to gain a foothold and collaborate directly with these leaders. John’s client list reads like a “Who’s Who” in that it includes multiple Fortune 100 and international companies. He represents EOG Resources, Inc., as well as the Menards corporation. He is also local counsel for administrative and environmental projects for Timberland, Smart Sand, Kraemer Mining & Materials, Source Energy, and many other companies. John works with corporate managers and public figures in both personal and professional matters. He also provides advice to local government leaders for numerous municipalities. John is a member of the American Bar Association, Wisconsin Bar Association, and Eau Claire County Bar Association. John also served a position on the Wisconsin Board of Regents. He was appointed by Governor Scott Walker and unanimously confirmed by the Wisconsin Senate to a position on the University of Wisconsin Board of Regents. He was also unanimously elected Vice President of the Board of Regents in June, 2015 and 2016 and unanimously elected as President in 2017 and 2018. John was the first Board of Regents President ever elected from the Chippewa Valley. Prior to joining the firm, John was an aide to Governor Tommy Thompson in both Wisconsin and Washington. While in the Thompson administration, John was the Governor’s policy advisor on labor, employment and regulatory issues. John was appointed to serve in the office of the Secretary at the Department of Commerce. In that role, John assisted businesses working to expand or relocate in Wisconsin. John grew up in Cumberland, Wisconsin. He is a graduate of the University of Wisconsin with a Bachelor of Science in political science and economics. He also attended Georgetown University of Economics and received his law degree from the University of Wisconsin Law School. He has been recognized four consecutive years by Law and Politics, a Milwaukee magazine, as a Rising Star in administrative law. Weld Riley, S.C. 3624 Oakwood Hills Parkway Eau Claire, WI 54702 (715) 839-7786 Office (715) 839-8609 Fax jbehling@weldriley.com ATTORN EY MEGAN KELLLY Megan practices with the firm’s Civil Litigation, Municipal, and Business sections. Prior to joining Weld Riley, Megan gained extensive experience as an Assistant District Attorney with the State of Wisconsin, serving in both the St. Croix County District Attorney’s Office in Hudson and the Dunn County District Attorney’s Office in Menomonie. As a prosecutor, Megan handled a wide range of criminal and non-criminal matters, including domestic violence, controlled substance crimes, property crimes, DNR violations, traffic, and juvenile cases. She conducted numerous jury and court trials, litigated motions before the Circuit Court, and drafted briefs for both the Circuit Court and Court of Appeals. Megan also worked closely with law enforcement during investigations, providing legal guidance on Fourth and Fifth Amendment issues, and regularly met with crime victims to ensure their voices were heard throughout the judicial process. Megan earned her law degree from William Mitchell College of Law in 2015. She received her Bachelor of Arts, Summa Cum Laude, from The College of St. Scholastica in Duluth, Minnesota. She was admitted to the Wisconsin State Bar in September 2015. Specialties: • Civil Litigation Lawyers • Municipal Lawyers • Business & Corporate L awyers Education: • The College of St. Scholastica - Duluth MN • William Mitchell College of Law Associations • Wisconsin State Bar Association Weld Riley, S.C. 3624 Oakwood Hills Parkway Eau Claire, WI 54702 (715) 839-7786 Office (715) 839-8609 Fax mkelly@weldriley.com ATTORNEY NATHAN K. MILLER Nathan Miller is a member of the firm’s Labor & Employment and Municipal & Government Sections. Nate h as practiced law since 2015 and has experience representing both private and public sector employees. Nate is a graduate of the University of Minnesota Law School in Minneapolis, where he also received an undergraduate degree in psychology with a minor in philosophy. Nate comes to Weld Riley as a former assistant city attorney for the City of Wausau, as well as an associate attorney for other entities in Minnesota. Nate works out of both the Eau Claire and Wausau offices. He resides in Kronenwetter with his wife and two dogs. His personal interests include cooking, running, doing handyman projects, spending time with friends and family, and anything car related. Specialties: • Labor & Employment L awyers • Municipal Lawyers • School Lawyers Education: • University of Minnesota – Minneapolis • University of Minnesota Law School Associations • Marathon County Bar Association • Wisconsin State Bar Association Weld Riley, S.C. 500 N. Third Street P.O. Box 0479 Wausau, WI 54402-0479 (715) 845-8234 Office (715) 848-1085 nmiller@weldriley.com