The Meeting of the Common Council was called to order at 7:00 p.m. on
Tuesday, August 9, 2005. It was noted
that the meeting had been announced and a notice posted at City Hall.
Roll call was taken, with the following members present: Mayor Jim
Bialecki, Ald. Mike Giese, Ald. Diane Oldani Wulf, Ald. Gary Gonczy, Ald. Jim
Olson, Ald. Kim Smith and Ald. Bill Leathen.
Also present were: City Clerk Cari Burmaster, Financial Services
Director Fred Buehler, Human Resources Specialist Liz Green, Public Works Director
Ron Lund, Land Use & Development Director Jason Gilman, and City Attorney
Gerald O’Flaherty,
Item 2 - Pledge of Allegiance
The Pledge of Allegiance was declared.
Item 3 - Approval of minutes from previous meeting.
Motion by Ald. Leathen, second by Ald. Gonczy, to approve the minutes
from the previous meeting as printed and on file in the City Clerk’s
Office. On voice vote, motion carried.
Item 4 - PUBLIC INPUT: (limited to 3 minutes/individual)
Mayor Bialecki turned the agenda item over to anyone wishing to provide
input.
Lori Alexander of Harry Viner, Inc. addressed the Common Council. Ms.
Alexander was joined at the podium by Harry Viner. Ms. Alexander said, “There
was a bid put out by the City of Onalaska on August 2nd, and prior
to the bid there were some insurance requirements and when I was looking
through them – before we were going to bid the project – we submitted the
requirements to our insurance company and they said that our insurance could
not meet the requirements. There is a non-contributory
clause in there, which means that if there’s any damages done – not by Harry
Viner, Inc., by the City of Onalaska – that it would be placed under our
policy. And, our insurance company wasn’t able to fulfil that.
“So, we called Ron Lund.
Ron Lund informed us to get a hold of O’Flaherty, I believe. And, they talked to our insurance company
and they said when we bid the job, put in there with the bid bond that we would
not be able to come up with those requirements and that it would be okay with
the City Attorney that they could possibly go out and buy the policy and add it
to the bid, if we ended up being low bid.
And, that plus the price of the insurance premium would still come up
lower, that we would possibly get that contract.
“So, the bid happened
and we were at $153,000. The second bid
was $167,000. There’s just under
$14,000 difference. We got a call from
Ron Lund saying that the City wanted to recommend award to A-1 Excavating. And, he informed us to contact the City
Attorney and we did. And, he said that
– the bid difference was 8.5%, which was under $14,000 – and he informed us
that we would have to be 25% difference from the second bid in order to make it
feasible for the City of Onalaska to pick that premium up, which is $37,000.
“So, I got back with our
insurance company. Insurance companies
– when you take a bid bond out, when you’re over 10% - they start looking –
between the next bidders – they don’t – 25% is way out of line and they start
looking at your bids. So, it’s not
right in the bonding company’s eyes, because you’re probably doing something
wrong with your bid. So, you’ve got a problem on that issue.
“Bob Breitzman is
sitting here – our insurance company rep. and they got with the primary
insurance company, Acuity, and they came back today and said that they would
honor the contract because they wanted us to get the work on it. So, I notified
James Bialecki this afternoon that a letter would be coming through that they
would stand by the terms of your contract and that they would stand by the
contract rules. And, that they’re looking in the future, to be able to honor
that.
“So, we were hoping that
the Council will vote for us to take this contract on. We have employees that
live in Onalaska and we do a lot of work for Onalaska and would like to keep
the work local”.
Mayor Bialecki called for anyone else wishing to address the Council.
Bob Breitzman of Brown & Brown Insurance addressed the Common
Council. Mr. Breitzman said, “I’m here
to support my insured, Harry Viner. Basically, I guess what we were looking at
– and I applaud my insured for taking the foresight to look at all of the
insurance recommendations or requirements that you wanted – the City wanted –
them to fulfill under their contract for the bid.
“I guess I would point out that a lot of
contractors don’t even take that step.
They don’t even worry about the insurance bids. They look at them, they go, ‘Okay, that
looks fine. Our limits are okay’. They
send in their bid and then if they’re awarded the bid, they try to scramble at
the last minute to make sure that they fulfill all the obligations on the
insurance requirements.
“What Lori did and what Viners did with us is,
before they even provided the City with a bid, they took the foresight to make
sure that everything was in line before they even put a bid on the table. And, in doing so, what they brought to
forefront is some language within the policy that asks for the City of Onalaska
to be listed on their policy – on their insurance policy – as a primary and
non-contributory basis.
“And, what Lori was saying is that Viners have
very adequate insurance protection; a lot of limits – of liability limits, and
a $5 million umbrella that extends over that. If they’re responsible from some
damage that occurs during the project, then they can be held negligent and
liable, they’ve got up to $6 million to protect them and the City for damages
that result from that claim. The primary non-contributory is basically saying
that if somebody else is at fault, or if the City is at fault for some type of
incident that occurs during that process, that the City of Onalaska, the
responsibility would then be pushed on to Harry Viner’s policies.
“So, what we did was we looked at our insurance
policy language, and we went to the company – which is Acuity, which is
domiciled right here in Wisconsin – and we looked through all the forms and no
where in the forms did it say, ‘non-contributory’. So, what we did is we said, there’s no wording in the policy
that’s going to afford you that non-contributory basis – okay – that
non-contributory verbiage in their policy.
It does however have an endorsement that says that they would add you as
primary – as a primary insurance additional insured, which basically is
implying that our insurance would be afforded to the City of Onalaska in that
situation on a primary basis, so that your own insurance policies wouldn’t have
to kick in. It doesn’t have the word ‘non-contributory’ in it, but it does have
the word, ‘primary’, and that would imply that our insurance would be first and
foremost.
“And, after the bid was awarded, and Lori
informed us that she wasn’t awarded the bid, simply because of a technicality
on some wording, I took it to the Acuity office and addressed them directly and
said, ‘There’s something wrong with the fact that it’s silent in the policy. We
need to actually specify that there would be a non-contributory basis in the
working that would satisfy the requirements by the City of Onalaska’
“What Lori is saying is that Acuity has agreed to
do that. And, if there’s a $14,000 difference between their bid and the next
bid, I would think that that in itself would be a wise choice to award them
with the bid. I don’t know why you’d want to pay more than you should have if
they’re accommodating what your needs are”.
Mayor Bialecki called three times more for anyone wishing to address the
Common Council. Hearing none, Mayor
Bialecki recommended next addressing Agenda Item 8. There was no objection.
Item 8 - ADMINISTRATIVE
COMMITTEE:
A. Approval of Operator’s
Licenses
Name Location Type of Application
Lois M. Bright Kwik
Trip Renewal
Bryan R. Haugland Woodman’s New/Provisional
Tara R. Jensen TGI
Friday’s New/Provisional
Joan E. Junghans Kwik Trip Renewal/Provisional
Michael E. Kinney Olive Garden Renewal
Cassie K. Meltz Kwik Trip New
Theresa A. Miller Kwik Trip New
Tarah V. Moyer Kwik Trip New/Provisional
Darrel W. Olson TGI Friday’s Renewal
Sabrina H. Sedlmayr Kwik Trip New
Kevin K. Westerman Kwik Trip New
Casey J. Williams Hillside Inn New/Provisional.
Motion by Ald. Gonczy, second by Ald. Wulf, to approve the Operator’s
Licenses per the memorandum dated August 1, 2005. On voice vote, motion carried.
B. Amend Class “B” Liquor License for The Wharf for fundraiser to benefit
the Children’s Miracle Network, Saturday, September 17th from 4 p.m.
to 8 p.m. and Sunday, September 18th from 10 a.m. to 6 p.m.
Motion by Ald. Gonczy, second by Ald. Leathen, to approve the request to
amend Class “B” Liquor License for The Wharf for fundraiser to benefit the
Children’s Miracle Network, Saturday, September 17th from 4 p.m. to
8 p.m. and Sunday, September 18th from
10 a.m. to 6 p.m. On voice vote, motion
carried.
C. Repair of broken monuments at
the Onalaska Cemetery.
Ald. Gonczy reported that the Historical Society has made a request for
the City of Onalaska to consider repair of broken monuments at the cemetery.
Ald. Wulf referred the members to Agenda Attachment 8C, which is an email
dated August 4, 2005, from Tom Mann of CVMIC, to Financial Services Director
Fred Buehler.
Ald. Wulf reported that on August 9, 2005, Neale Horman of the Onalaska
Historical Society contacted her and that Ald. Wulf had reviewed the memo with
Mr. Horman. Mr. Horman informed Ald.
Wulf that the Historical Society has liability insurance and that they would
have no objection to naming the City of Onalaska as an additional insured.
Ald. Wulf reported that Mr. Horman informed her that Cemetery Sexton Les
Wing has not yet provided exact numbers, but estimates that approximately 50
headstones are in need of repair. Mr.
Horman estimates the cost of repairs at approximately $10 per headstone or a
total amount of approximately $500.
Ald. Wulf reported that Mr. Horman informed her that the Onalaska
Historical Society volunteers would be willing to sign a hold-harmless
agreement and an indemnification agreement prior to participating in the
activity. The Historical Society wishes
to begin the project between late-August and early-October. Some of the work
might have to be completed in 2006.
Ald. Wulf reported that Mr. Horman could not attend this Common Council
meeting as the Onalaska Historical Society meeting is scheduled at the same
time.
Mayor Bialecki noted that the City owns and operates the cemetery as an
enterprise function. Mayor Bialecki asked who owns the stones and the
gravesites, and therefore whose permission would be required to renovate the
headstones.
Fred Buehler noted that the email from Mr. Mann recommends that the
Historical Society should obtain from the families of the deceased permission
to make renovations on the headstones.
Ald. Wulf reported that she had informed Mr. Horman of this
recommendation. Ald. Wulf reported that
Mr. Horman had raised concerns regarding some of the very old headstones and
the ability to contact the associated families. Ald. Wulf reported that an
individual that restores cemeteries would be present at tonight’s Historical
Society meeting and would be asked for more information on this point.
Ald. Gonczy suggested that the item should be sent back to the
Administrative & Judiciary Committee to allow time to gather more
information and the City Attorney’s opinion.
Motion by Ald. Gonczy, second by Ald. Giese, to refer back to the
Administrative & Judiciary Committee, Agenda Item 8C. On voice vote, motion carried.
D. Horn blowing at railroad crossings located on 2nd Avenue
Southwest and 1st Avenue South.
Motion by Ald. Gonczy, second by Ald. Leathen, to proceed with
investigation of regulations relating to train whistle blowing at railroad
crossings.
Under discussion, Ald. Gonczy reported that questions relating to
interpretation of the regulations and any possible costs to the City must first
be answered before making a recommendation.
On voice vote, motion carried.
E. Onalaska Veterans Memorial Agreement.
1. Fiscal Obligation to the City of Onalaska.
Motion by Ald. Gonczy, second by Ald. Wulf, to approve the amended
Onalaska Veterans Memorial Perpetual Care Agreement, with an additional change
to Item 7 of the agreement to read, “The term of this agreement shall continue
as long as the Memorial is maintained by the Legion at the Onalaska City
Cemetery, and shall be reviewed on a triennial basis”. On voice vote, motion
carried.
2. Annual Reporting on Perpetual Fund.
Mayor Bialecki suggested next addressing Agenda Items 9E1 and 9E2. There was no objection.
Item 9 – BOARD OF PUBLIC WORKS:
E. Project Bids.
2. Mason
Street Project.
Ald. Leathen reported that Viner Construction had the low bid but did not
meet the project requirements.
Motion by Ald. Leathen, second by Ald. Gonczy, by to award to A-1
Excavating the Mason Street Project in the amount of $167,082.50.
Under discussion, said, “In light of what was brought forward… wouldn’t
we have to reopen the bids again, in all fairness to the other people? Bids were submitted in a timely manner. We
made our decision on it…”
City Attorney Gerald O’Flaherty responded, “Your comment is correct. If
you wanted to consider a nonconforming bid, which was nonconforming at the time
of the bid opening is what is important – you don’t want to get into the
practice of allowing later amendments of bids. But, you can decide to rebid the
entire project, if you so choose”.
Ald. Gonczy noted that that would put the project 30-days behind.
Mayor Bialecki said, “As you said, it was nonconforming. Then I think we’re sending a negative
message to other contractors. What’s the point of going through the bid process
if we’re going to flip-flop and open it up again anyhow?”
Ald. Giese asked if it were correct that it is the City Attorney’s
opinion that the Viner bid was not in compliance with the specifications, and
that any modification subsequent to the bid opening could only be properly
accomplished by rebidding the project.
Gerry stated that is correct.
On voice vote, motion carried.
1. 2005 Sidewalk.
Motion by Ald. Leathen, second by Ald. Gonczy, to award to Country Roads
Construction the 2005 Sidewalk Project in the amount of $54,492.
Ald. Olson temporarily took over the chair.
On voice vote, motion carried.
Ald. Leathen suggested completing Agenda Item 9. There was no objection.
A. Development Agreement
between the City of Onalaska and John Towner (Deer Park).
Ald. Leathen reported that the Board of Public Works
discussed at length the proposal from John Towner.
Mayor Bialecki resumed as chair.
Motion by Ald.Gonczy, second by Ald. Smith, to refer to
the Plan Commission the Development Agreement between the City of Onalaska and
John Towner (Deer Park). On voice vote, motion carried.
B. Update/information on 2nd Avenue/US Highway 35
reconstruction issue and project agreement.
Ald. Leathen reported that the Project Agreement calls for a cost share
from the City of $73,361.
Motion by Ald. Leathen, second by Ald. Gonczy, to approve the project
agreement for the 2nd Avenue/US Highway 35 project.
Under discussion, Ron reported that action had been taken at the Board of
Public Works meeting to include in the agreement verbiage to clarify the cost
of right-of-way acquisition. The City
shall be reimbursed for time, material, labor, the cost to hire an appraiser,
etc.
Ron referred the members to a copies of an updated agreement from the
Wisconsin Department of Transportation.
In response to a question from Mayor Bialecki, Gerry stated that he had
not yet had the time to review the updated agreement. Gerry looked over the agreement. Gerry said, “The language
regarding the right-of-way acquisition appears to be in order”.
On voice vote, motion carried.
C. Stripe East Main
Street for 4-lane traffic.
Motion by Ald. Leathen, second by Ald. Gonczy, to authorize striping East
Main Street for 4-lane traffic.
Under discussion, Ron reported that the Board of Public Works also had
taken action to stripe a taper lane for traffic heading west on Main Street, at
a point past the Main Street/Sand Lake Road intersection approaching 11th
Avenue North.
Ron reported that if approved at this meeting, striping could be done as
soon as Friday, August 12, 2005.
On voice vote, motion carried.
D. East Main Street and
Greens Coulee Road signalization.
Ald. Leathen reported that the cost of the project is estimated at
$150,000.
Motion by Ald. Leathen, second by second by, to give tentative approval
to proceeding with the signalization project at the intersection of East Main
Street and Greens Coulee Road, contingent upon signing an acceptable agreement
with the Wisconsin Department of Transportation.
Under discussion, Ald. Giese asked what would be the City’s share of the
$150,000 project cost. Ron responded,
“We had originally received a grant from the LAPC for $125,000, although that’s
been negotiated down because of funding problems”. Ron reported that the revised grant award is $97,000. The City would be responsible for any
project cost over $97,000. Ron reported
that the estimate to complete the project is $150,000. Ron reported that design could start, “very
soon” with construction in 2006.
On voice vote, motion carried.
F. Department of Natural
Resources Sanitary Sewer Collection System inspection.
Ald. Leathen reported that the Department of Natural Resources reviewed
the Sanitary Sewer Collection System for La Crosse, Onalaska, and several other
communities and issued its report. The
report include three or four recommendations to the City of Onalaska for
improvements to its system. The
recommendations were “fairly minor things” such as sealing electrical boxes.
Mayor Bialecki recommended that this item should remain on the Board of
Public Works for follow-up.
Motion by Ald. Leathen, second by Ald. Gonczy, to accept the
recommendations from the Wisconsin Department of Natural Resources regarding
the City of Onalaska Sanitary Sewer Collection System. On voice vote, motion carried.
G. Water usage and
distribution system.
Ald. Leathen reported that there had been discussion at the Board of
Public Works meeting regarding water usage as it relates to the voluntary usage
request. It was reported that prior to
the requests, daily water usage was between 6 million and 7 million gallons per
day. After the requests, daily water
usage was between 3 million and 5 million gallons per day.
Ald. Leathen said, “We’re very encouraged by that and think that if
people can respond like that in the future, it may affect positively our need
for additional wells”.
Mayor Bialecki said, “Had people continued to use a high amount of water
just to water their lawns for a prolonged period of time, it’s going to place a
lot of stress on the equipment and the pumps”.
H. Request by CenturyTel
to bury cable under Crossing Meadows Drive.
Motion by Ald. Leathen, second by Ald. Gonczy, to approve the request by
CenturyTel to install buried cable under Crossing Meadows Drive. On voice vote, motion carried.
I. Right-of-way plat and
conveyance of rights for the Oak Forest Drive intersection project.
Motion by Ald. Leathen, second by Ald. Gonczy, to approve the
right-of-way plat and conveyance of rights for the Oak Forest Drive intersection
project. On voice vote, motion carried.
J. Request from Onalaska School District to repave the alley off 8th
Avenue South.
Motion by Ald. Leathen, second by Ald. Wulf, to approve the request from
the Onalaska School District to repave
the alley off of 8th Avenue South.
On voice vote, motion carried.
K. Safety recommendation
for the intersection of East Avenue North and Riders Club Road.
Motion by Ald. Leathen, second by Ald. Wulf, to accept the safety
recommendations for the intersection of East Avenue, which are to trim trees
along the south side of Riders Club Road, place pylon signs on East Avenue
North during the Aquatic Center season, stencil “Stop Ahead” on pavement on the
approach to the stop signs, install signage at the base of the stop signs to
read, “Cross Traffic Does Not Stop”, and to replace existing stop signs with
larger stop signs.
Under discussion, in response to a question from Ald. Gonczy, Ron
reported that it would likely take two to three weeks to receive the stencils
and signs. Ron estimated that the work
would be completed in 30 to 60 days.
Ald. Gonczy recommended that once the safety measures are in place, the
Police Department should monitor the intersection for improvements. Ald. Gonczy suggested that if improvements
are not made, then the safety committee should be reconvened to consider other
alternatives.
Ald. Gonczy reported that on August 9, 2005, he had received an email
from a residents of the area. Ald.
Gonczy said, “They’re happy we’re addressing it, but they’re concerned this
won’t be enough”.
Ald. Giese said, “There were allegations raised that there’s excessive
speed in that corridor – both on East Avenue and Riders Club Road. I understand that services are limited, but
if at all possible it would be nice to have a report back or some indication of
what is the driver behavior in that area”.
On voice vote, motion carried.
L. Request to open
Greens Coulee Road for sewer and water service.
Motion by Ald. Leathen, second by Ald. Gonczy, to approve the request
from Robert Wehrenberg to open and excavate 510 Greens Coulee Road for the
purpose of installing sanitary sewer and water laterals for two 3-unit
condominiums, with the understanding that the street shall be restored to its
original condition and that the work shall carry a two-year warranty. On voice vote, motion carried.
Mayor Bialecki suggested that Agenda Item 10 should be addressed
next. There was no objection.
Item 10 - PLAN COMMISSION:
A. Preliminary Plat submitted by
Thomas Krajewski, 453 2nd
Ave. N., Onalaska, for the land located at 2218 Germann Court, Onalaska for 6
lots (Tax ID# 18-3570-53).
1.
Preliminary Plat
Fee of $40.00 + $10 per lot x 6 = $100.00
2. Park
Fee of $1,120.00 per unit x 6 = $6,720.00.
3. Topo
Fee of $10.00 per acre x 2.51 = $25.10.
4. Greens Coulee Sanitary Sewer Fee of
$255.00 per acre x 2.51 = $640.00
5. Storm Sewer Fee of $3,148.00 per
acre x 2.51 = $7,901.48. Storm Sewer
Fee
may be waived in exchange for developer
installing storm sewer. If cost exceeds
fee, City shall reimburse developer ½ cost over fee. If fee exceeds cost, developer shall pay remaining fee to City.
6. Copy of Preliminary Plat shall be
submitted to City prior to July 22, 2005.
7. Owner shall be aware of 50’ setback
along interstate right-of-way + 30’ green
area requirement.
8. All
utility easements shall be clearly marked on the plats including the existing
storm easement along interstate right-of-way.
9. Sidewalk required – on side of
proposed cul-de-sac.
10. Street lights required – coordinate
with City Engineering Department.
11. 2 – 2 ½” caliper canopy trees
required per parcel.
12. Letter from utility company required
for submittal to City.
13. Master
drainage plan required – submit to City Engineer for review and approval – must
be on file in Inspection Department prior to building permit issuance.
14. Inspector
required on all utility work – paid for by developer, provided by City.
15. As-built
plans for all public improvements required prior to plat recording.
16. 5-year
guarantee required on all improvements, 3 years equal to 25% of cost of
improvements plus an additional 2 years equal to $100.00 per manhole or catch
basin – to be submitted to City as a Letter of Credit from developer.
17. NR216
State Storm Water Permit required.
18. All
utilities must be stubbed in 11’ beyond utility easements (minimum).
19. Owner/developer
must pay all fees and have all plans reviewed and approved by the City prior to
obtaining a building permit.
Owner/developer must have all conditions satisfied and improvements
installed per approved plans prior to the issuance of occupancy permit.
20. Owner/developer
must notify the City prior to any utility connection to public utilities.
21. All
conditions run with the land and are binding upon the original developer and
all heirs, successors, and assigns. The
sale or transfer of all or any portion of the property does not relieve the
original developer from payment of any fees imposed or from meeting any other
conditions.
22. Any
omissions of any conditions not listed in the Plan Commission Minutes shall not
release the developer/property owner from abiding by the City’s Subdivision
Ordinance and Zoning Code requirements.
23. Owner
shall provide City with Flood Protection Elevations for each house for lowest
floor elevation.
24. Street
designs and utility plans must be submitted to the City’s Public Works
Department for review and approval.
25. Developer
shall notify perspective homebuyers of potential noise from I-90. The City shall not be responsible for noise
abatement measures.
26. Developer
shall inform perspective homebuyers that a storm water drainage ditch exists on
a 32-foot easement adjacent to I-90.
Buyers also should be aware that because of the flat ditch grade and
earth construction, that water ponds are common, especially where the storm
pipe falls into the ditch. Paving of
the ditch and pipe installation has been ruled out because of cost and cover
over pipe. Lot owners should buy as
is. Walkout basements and first floor
elevations shall be 2 feet above the 100-year ditch flood elevations.
27. Utilities,
street and drainage plan to be approved by Engineering Department. Street entrance onto Germann Court shall be
okayed by the Town of Medary.
28. 10-foot
snow easement required around cul-de-sac and plat to show all utility/drainage
easements.
29. Check
deferred special assessments with Finance Director.
Motion by Ald. Giese, second by Ald. Smith, to approve with 29
conditions, the Preliminary Plat submitted by Thomas Krajewski, for the land
located at 2218 Germann Court, for six lots. On voice vote, motion carried.
B. CSM (Certified Survey Map) request filed by Nancy Saylor, US Properties Group Portfolio Two, LLC 10 W. Bread Street, Suite 1650, Columbus Ohio, 43215 for a 12-acre parcel located at 1210 Crossing Meadows Drive (Tax ID# 18-3290-5).
1. CSM Fee of $40.00 + $10.00 per lot x
1 = $50.00.
2. All other fees previously paid.
3. PCID
plan may require amendment based on final configuration of developable site.
4. All
land remnants must be rectified at the time this CSM is drafted.
5. Owner/developer
must pay all fees and have all plans reviewed and approved by the City prior to
obtaining a building permit.
Owner/developer must have all conditions satisfied and improvements
installed per approved plans prior to the issuance of occupancy permit.
6. Owner/developer
must notify the City prior to any utility connection to public utilities.
7. All
conditions run with the land and are binding upon the original developer and
all heirs, successors, and assigns. The
sale or transfer of all or any portion of the property does not relieve the
original developer from payment of any fees imposed or from meeting any other
conditions.
8. Any
omissions of any conditions not listed in the Plan Commission Minutes shall not
release the developer/property owner from abiding by the City’s Subdivision
Ordinance and Zoning Code requirements.
9. Owner
to provide Plan Commission with justification for subdivision.
Motion by Ald. Giese, second by Ald. Leathen, to approve with nine
conditions the Certified Survey Map request filed by Nancy Saylor, US
Properties Group Portfolio Two, LLC, for a 12-acre parcel located at 1210
Crossing Meadows Drive. On voice vote,
motion carried.
C. Wisconsin Department of
Transportation – STH 35 improvements for 2009 – 2011.
Ald. Giese said, “I think the design boundaries now extend to the City
limits, but the City limits in 2009 through 2011 are likely to be much farther
north. So, we need to plan going farther north than where we are right now”.
D. Unified Development Code –
form districts.
Jason reported that a critical path schedule would be brought forward for
the design work to be done on the form districts. Adoption of the form districts section of the zoning code could
occur by the end of 2005.
E. Resolution 30-2005 – 2005 Comprehensive Plan.
RESOLUTION 30-2005
APPROVAL OF THE 2005 CITY OF
ONALASKA
COMPREHENSIVE PLAN
WHEREAS, pursuant to Section 66 of the State of Wisconsin
Statutes, the City of Onalaska is authorized to prepare a Comprehensive Plan as
defined in Sections 66.1001 (1)(a) and 66.1001 (2) of the Wisconsin Statutes;
AND WHEREAS, the City of Onalaska, Wisconsin has adopted a
written citizen participation plan and has completed it for the Comprehensive
Plan as required by Section 66.1001 (4)(a) of the Wisconsin Statutes;
AND WHEREAS, the Plan Commission of the City of Onalaska,
Wisconsin by a majority vote recorded in its official minutes wishes to adopt
the document titled, “ The City of Onalaska Comprehensive Plan 2025” containing
all of the elements specified in Section 66.1001 (2) of the Wisconsin Statutes;
AND WHEREAS, the City of Onalaska has held at least one
public hearing on the ordinance adopting the City of Onalaska Comprehensive
Plan 2025 in compliance with Section 66.1001 (4) (d) of the Wisconsin Statutes;
NOW THEREFORE BE IT RESOLVED that the Plan Commission of
the City of Onalaska, Wisconsin, does, by enactment of this resolution approve
the City of Onalaska Comprehensive Plan 2005, pursuant to Chapter 66 of the
Wisconsin Statutes;
Dated this ___ day of ____, 2005
CITY
OF ONALASKA
BY: ______________________________
______________________________
Caroline Burmaster, City Clerk
Passed:
Approved:
Jason explained this resolution had been presented to the Plan Commission
after the Common Council has acted upon a recommendation of the Long Range
Planning Committee to adopt the Comprehensive Plan.
Jason said, “Due to some dispute over how the new Comprehensive Planning
legislation reads, and who is really supposed to make the recommendation to the
Council. The statutes say that a Plan
Commission or other authorized planning body can make a recommendation. I’ve
heard two interpretations of that clause in the statutes. One is that that
means that any body in a municipal government that is authorized to make those
recommendations – such as the City’s Long Range Planning Committee – can make a
recommendation to approve. The other interpretation I’ve heard is that that
only applies when a city doesn’t have a Plan Commission, but the statute
doesn’t explicitly say that.
“So, in order to make sure that we’ve got all
bases covered, I asked the Department of Administration if it would be okay if
we just ran a resolution through our Plan Commission. They have been involved every step of the way, and we did report
on the Comprehensive Plan throughout the process.
“So, the Plan Commission did recommend approval
of resolution 30-05 at their last meeting”.
Motion by Ald. Giese, second by Ald. Gonczy, to approve Resolution 30-2005. On roll call vote: Ald. Gonczy – aye; Ald.
Olson – aye; Ald. Smith – aye; Ald. Leathen – aye; Ald. Wulf – aye; Ald. Giese
– aye. Resolution passed unanimously.
Item 5 - REPORT FROM THE MAYOR.
A. Seatbelt fee reduction policy.
Mayor Bialecki reported that approximately eight years ago, a policy was
adopted in the court system that individuals who are stopped for a speeding
violation, and found to be wearing a seatbelt, would be given a $10 reduction
in the fine. If all other parties in
the vehicle were wearing their seatbelts, the fine would be reduced by $15.
Mayor Bialecki noted that at the time this policy was adopted, there was
not a seatbelt law in the State of Wisconsin.
There now is such a low. Mayor
Bialecki stated that it is his understanding that such fee reductions for seatbelt
use are not in effect elsewhere.
Motion by Ald. Giese, second by Ald. Olson, to discontinue the seatbelt
fee reduction policy. On voice vote,
motion carried.
B. Police Department Reclassification.
Mayor Bialecki reported that he had received a memo from Police Chief
Randy Williams regarding an administrative position. Mayor Bialecki suggested referring the item to the Finance &
Personnel Committee.
Mayor Bialecki said, “It would be my opinion that any time there’s going
to be a reclassification in a department, that the department head and the
committee should rely on a job audit and independent study from the HR. I don’t think that has occurred yet, and
this will allow you the time to do that”.
There was no objection to Mayor Bialecki recommendation to refer the item
for 30 days.
C. Update on Cable TV Services.
Mayor Bialecki reported that the Mississippi River Valley Communications Commission would meet on August 29, 2005. The Commission will select a committee to begin the negotiation process with Charter Communications for an eventual cable agreement.
Mayor Bialecki said, “The primary thrust here is, we would rather have an agreement that would fit the whole region, versus what traditionally was done; and that was negotiating separate agreements for each town, village and city”.
Mayor Bialecki reported that the Commission also would be presented with a service agreement from CenturyTel.
Ald. Gonczy asked when does the current contract with Charter Communication end. That information was not immediately available and Ald. Gonczy stated that he would follow up at a later time.
Mayor Bialecki reported that the City of La Crosse has tentative 6-month agreements with both Charter Communications and CenturyTel.
Gerry said, “The contract with Charter is non-exclusive, so the City is in a position to do a temporary with CenturyTel”.
D. Voluntary water sprinkling program.
Addressed under Agenda Item 9G, Board of Public Works.
RECOMMENDATIONS FOR APPROVAL
AND/OR POSSIBLE ACTION FROM THE FOLLOWING COMMITTEES/COMMISSIONS/BOARDS:
Item 6 – FINANCE COMMITTEE:
A.
Vouchers.
Motion by Ald. Smith, second by Ald. Olson, to approve Vouchers
No.1719 through No. 1994, expended
since the last Common Council meeting of July 12, 2005 in the amount of
$2,512,618.22. On voice vote, motion
carried.
B. Acceptance of the 2004 Audited Financials with the City’s auditing firm of Hawkins, Ashe, Baptie, and Company LLC (HABCO).
Motion by Ald. Smith, second by Ald. Leathen, to accept and place on file
the 2004 Audited Financials with the City’s auditing firm of Hawkins, Ashe,
Baptie & Company, LLC. On voice
vote, motion carried.
C. Review existing contract or solicit for bids.
1.
Information Management Services, Inc. – Computer software/hardware
maintenance for 2006.
Motion by Ald. Smith, second by Ald. Giese, to renew the contract with
Information Management Services, Inc., for 2006, in the amount of $24,300. On voice vote, motion carried.
D. Computer hardware/software replacement in connection with current Govern for Windows upgrades.
Motion by Ald. Smith, second by Ald. Giese, to replace six PC at a cost
not to exceed $900 each or a total not to exceed $5,400. On voice vote, motion
carried.
Item 7 – PERSONNEL COMMITTEE:
1. Bill Boldon, Chris Olson, and Jarrod Holter, to attend the American Public Works Association National Exposition in Minneapolis, MN on September 12, 2005.
Ald. Smith reported that the Personnel Committee had recommended approval of this request, with the total financial impact to be presented that this meeting of the Common Council.
Liz Green reported that the question raised at the Finance & Personnel Committee meeting related to overtime costs; i.e. whether the City would have to pay travel time for Public Works employees who were passengers in the vehicle. Liz reported that she had consulted both State and Federal laws on this point, employees do not have to be paid if they are passengers in a vehicle, except in the case of overnight travel. The Public Works employees would depart and return on the same day. They will be paid a total of $200.
Motion by Ald. Leathen, second by Ald. Smith, to approve the out-of-state travel request for Bill Boldon, Chris Olson and Jarrod Holter to attend the American Public Works Association National Exposition in Minneapolis, MN on September 12, 2005.
Ald. Smith reported that the costs do not appear in the minutes of the Finance & Personnel Committee meeting. Fred explained that labor would be the only cost. Ron reported that it is his understanding that the Onalaska staff would share a van with La Crosse staff, at no cost to the City. The Wisconsin Society of Professional Engineers will cover the cost of registration. Ron reported that the only costs would be for labor and meals.
Ald. Gonczy asked if City employees that attend seminars are required to provide a written report of what was learned and how that information would be implemented. Ron reported that the Public Works Department staff are required to give an oral presentation to staff on what was learned.
Mayor Bialecki recommended that staff should dictate a narrative to be distributed to the Common Council members. Mayor Bialecki noted that other departments do so.
Ald. Gonczy recommended that an item relating to seminar reporting should be placed on the Department Head agenda.
On voice vote, motion carried.
2. Randy Williams to attend National Workshop: Engaging State Law Enforcement and Citizen Corps Leader in Atlanta, GA on September 13 – 14, 2005.
Ald. Smith reported that this item had not been on the Finance & Personnel Committee agenda.
Motion by Ald. Smith, second by Ald. Olson, to approve the out-of-state travel request for Police Chief Randy Williams to attend the National Workshop: Engaging State Law Enforcement and Citizen Corps Leader, in Atlanta, GA, on September 13 – 14, 2005, at no cost to the City. On voice vote, motion carried.
B. Job Descriptions:
1. Lieutenant - Fire Department.
Motion by Ald. Smith, second by Ald. Giese, to approve the job description for Lieutenant, Fire Department. On voice vote, motion carried.
2. Human Resources Specialist.
Motion by Ald. Smith, second by Ald. Giese, to approve the job description for Human Resources Specialist. On voice vote, motion carried.
C. Update on Compensation Study.
Motion by Ald. Smith, second by Ald. Olson, to refer this item for 30 days. On voice vote, motion carried.
Item 11 - JUDICIARY COMMITTEE:
A. Ordinance No. 1235-2005 –
to amend Section 10-1-27(l)(1) and delete 10-1-27 (1)(2)(e) of the Code of
Ordinances of the City of Onalaska relating to parking (Third and Final
Reading).
Motion by Ald. Wulf, second by Ald. Gonczy, to give Ordinance No. 1235-2005 its Third and Final Reading. On voice vote, motion carried.
Item 12 - LONG RANGE PLANNING
COMMITTEE:
Jason reported that a quorum was not seated at the last meeting of the
Long Range Planning Committee, and so the agenda items would be delayed until
the next meeting.
A. Comprehensive Plan 2005.
B. Unified Development Code.
C. ULI (Urban Land Institute) Grant for Tourism Center.
D. Menards Area Development Update.
Item 13 - UTILITIES COMMITTEE /
MASS TRANSIT:
UTILITIES
No Report.
MASS TRANSIT
A.
Onalaska/Holmen Public Transit:
a. Financials for June 2005.
Ald.
Giese reviewed the June 2005 report:
-
There was an increase
in rides from June 2004 to June 2005 of 251 units.
-
June 2005 Holmen
calls = 685 calls (increase of 169 from same time last year)
- June 2005 Onalaska calls = 1,465 calls (increase of 82 from same time last year)
- June 2005 MTU passes issued = 152
Motion by Ald. Giese, second by Ald. Gonczy, to receive and place on file
the Onalaska/Holmen Public Transit Financials for June 2005. On voice vote, motion carried.
Ald. Giese reported that at the Mass Transit Committee reviewed a draft budget for the 2006 Shared Ride Program. The budget will increase slightly over last year from $46,600 to $48,900.
Item 14 - PARKS & RECREATION BOARD:
A. Discussion on policy for maintaining City gardens.
Motion by Ald. Smith, second by Ald. Wulf, to approve the policy for maintaining
the City gardens, as it appears under Agenda Attachment 14A.
Under discussion, Ald. Wulf said, “I’d like to sincerely thank Mark
Hanson for his work on obtaining the volunteers who will be performing this
work on behalf of the City. I think he did an extraordinary job in obtaining
all these volunteers to take the burden off the City employees”.
In response to a question from Ald. Gonczy, Fred reported that any
liability issues relating to volunteers would be addressed by the use of a hold
harmless agreement.
On voice vote, motion carried.
Item 15 – SWIMMING POOL BUILDING COMMITTEE:
A. Aquatic Center update.
Ald. Wulf reported that the last Pool Building Committee meeting was held
on August 2, 2005. Ald. Wulf reported
that the meeting lasted approximately 3.5 hours and the resulting minutes were
approximately 35 pages long.
Ald. Wulf said, “I’d like to report simply that I think a lot of forward
progress was made at this meeting”.