The Meeting of the Common Council was called to order at 7:00 p.m. Tuesday, September 13, 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 Land Use & Development Director Jason Gilman, Public Works Director Ron Lund, and Human Resources Specialist Liz Green.

Item 2 - Pledge of Allegiance

The Pledge of Allegiance was declared.

Item 3 - Approval of minutes from previous meeting.

Motion by Ald. Gonczy, second by Ald. Wulf, to approve the minutes from the previous meeting as printed and on file in the City Clerk’s Office. On voice vote, motion carried.

Mayor Bialecki noted that there were those in attendance with interest in various agenda items. Mayor Bialecki recommended taking the agenda out of order. There was no objection.

Item 5 - REPORT FROM THE MAYOR.

A. Recognition – Dori Block, Proclamation of Appreciation.

Mayor Bialecki called forward Dori Block. 4

Proclamation

Dori Block Appreciation

WHEREAS, Dori Block has been resident of the City of Onalaska for fourteen years; and

WHEREAS, she has served the City of Onalaska the past six years as the Urban Garden Planner, and has been an excellent co-worker and friend to all employees; and

WHEREAS, she has several thousand volunteer hours serving on the Centering Onalaska Board, focusing on downtown redevelopment and the hanging baskets program; Onalaska High School Band Program, establishing the Community Gardens Program in collaboration with the City of Onalaska, School District of Onalaska and local businesses; the Clearwater Farms Board, focusing on preservation of agricultural heritage and the environment; relief efforts for Nations in the Caribbean, and countless related fundraisers; and

WHEREAS, Dori Block will be missed by all.

NOW, THEREFORE, I, Jim Bialecki, Mayor of the City of Onalaska, wish to express my appreciation for Dori’s hard work and dedication to the City of Onalaska.

Dated this 13^th day of September, 2005

______________________________

James S. Bialecki, Mayor

City of Onalaska

______________________________

Caroline Burmaster, City Clerk

Mayor Bialecki invited Dori to make comment.

Dori said, “There are a few words that I’d like to say because there are a lot of people to thank, because I certainly wouldn’t have done this on my own.

“First of all, Centering Onalaska got me into this whole mess in the first place. When Julie Henley said to me, ‘Wouldn’t it be neat if we had 10,000 daffodils planted around the city?’ And I said, ‘I can do that’.

“When I was in college, my folks were a little worried about me, they thought I was kind of crazy, so they took me to a shrink and the shrink said, ‘Well, what have you been doing this week?’ And I said, ‘I weeded my mother’s garden this week’. And, things being what they were with women back then – all they could do was have babies and be secretaries – I said to him, I said, ‘I weeded my mother’s garden’. And he said to me, ‘Well, you want to pull weeds for the rest of your life?’ I would love to go back to that guy and tell him what I’ve been doing.

“At any rate, like I said, Centering Onalaska was just the beginning. Since then I’ve worked with the Street Department guys, and Mike the mechanic – my God, I couldn’t have done it without him. That water truck and that pump – I was so glad when we got a new one. It’s much more user friendly now and it will be a lot easier to do the hanging baskets.

“I have to hank Corky Wade for all that she’s done with the band uniforms and getting businesses to sponsor gardens. And so, the money from the businesses went to the high school kids, the high school band, and then the kids did the work. So, that was less for me to do.

“Since then, Mark has taken over – since I’ve been shifted from the Street Department over to the Park Department. It’s been good for me because it’s been much more structured and I get to do a lot more work besides gardens.

“And so, I wanted to say thank you to Dan – who came into his job, hit the ground running, did a great job. I have the utmost respect for the man.

“And Mark, my present boss, he’s such a great boss to work for because he is a good support. He always tells me, ‘If you need anything, just call me’. And, in the last couple years it’s been a little harder for me to do some of the heavy lifting that I used to do early on. So, that was always something that I really appreciated. One of the things that I thought about today too was that he always provides us with what we need. It’s been a long, hot summer, and today was one of those days, and I’m eternally grateful to him for providing us with Gatorade, because we need it in that hot summer.

“There are many, many, other people I’m sure that I’ve missed – my Urban Forestry Committee when the gardens were in their infancy. And, the businesses too – the businesses that have taken over the gardens now. We only have one more garden that I would really like to see sponsored and that’s the one in Community Park. It’s not quite as visible and so it may just have to go. It does have some perennials, so maybe we’ll just put some boulders in there and leave it go at that.

“Thank you so much. It’s a great honor. I really appreciate it”.

ITEM 9 – BOARD OF PUBLIC WORKS:

H. “No Left Turn” movement at the northerly exit to Kwik Trip located at East Main Street and Greens Coulee Road.

Motion by Ald. Leathen, second by Ald. Gonczy, to deny the request to establish a “No Left Turn” movement at the northerly exit to Kwik Trip located at East Main Street and Greens Coulee Road.

Under discussion, Ald. Gonczy reported that there have been two traffic studies at the intersection and that he has reviewed both. Ald. Gonczy said, “Neither traffic study by the traffic experts have ever recommended that we even consider this. They both come out and say we need to signalize the intersection. And, I think if it was something that would’ve helped the flow of traffic there, I would like to think that the traffic experts would have made that as one of their recommendations. They did have other recommendations – even on that south one.

“The other thing is, I get concerned, if we even considered doing this, what it would do with the traffic at the south exit at Kwik Trip, when you back it up. When you look at the counts, the majority – it’s (approximately) 37 are left turns out of there and two are rights. It’s just no logical for people to make a right turn to go up to that north exit. So, we would be pushing every single car that leaves that convenience store out that south exit. And, during peak hours, I just don’t know if that south exit could handle it.

“And then to try to make a left turn… the people know that it’s almost impossible to turn left out of that south one… What they do is they make a right turn, cut into (Coachlite), do a U-turn in (Coachlite) and come out. So, they know how dangerous it is to try to make a left turn. So, by cutting this exit off for left turns, we may be creating even a worse problem. Even if we were to consider it, we’d probably have to do some type of traffic study just to see, because we might be created even more of a dangerous situation than what we think we have now.

“I think the way to solve this is… move forward as fast possible to get that intersection signalized, which is something a lot of us have been pushing for for the last year or so”.

Ald. Giese said, “This is an item that has been kept in front of my eyes for years now. It’s definitely a concern – primarily for the people in the first district of the Greens Coulee neighborhoods. The issue has at least been brought more forward in the last two weeks, where citizens from the Greens Coulee neighborhoods have been contacting me.

“I don’t mean to suggest that it’s been a nag session or ‘you’ve got to do something now’. It’s a sincere statement of concern from many different parties. They universally feel that the ‘No Left Turn’ option would be an improvement.

“I’m going to vote no on this issue. I am going to be voting with the constituents. That does not mean that I don’t accept Councilman Gonczy’s observation that a traffic study may be warranted.

“I also acknowledge that every action has a reaction. If we place a ‘No Turn’ lane there, that’s going to change behavior. But I, after having several hours of observation of the intersection, and talking to a number of different people, I feel that the ‘No Left Turn’ at that driveway will – when all is said and done – actually result in an improvement”.

On voice vote, motion carried with three ayes, one no (Ald. Giese) and two abstentions (Ald. Gonczy and Ald. Wulf).

Item 10 – PLAN COMMISSION:

A. Conditional Use Permit application filed by Donald Atkinson for a flag

pole/wireless telecommunication facility located at 1109 Venture Place, Onalaska (Tax ID#

18-2401-0).

1. CUP Fee of $150.00.

2. All zoning violations related to vibration must be rectified prior to building permit

issuance.

3. Owner/developer must submit a site plan including drainage, landscape, erosion control, layout and elevation plans for proposed facility.

4. Setback from freeway right-of-way line must be confirmed.

5. Owner to verify FAA restrictions.

6. Proposed flagpole must be properly maintained with a properly sized flag and appropriate lighting.

7. All wires, cables, cable trays and mounting hardware must be screened.

8. 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.

9. Owner/developer must notify the City prior to any utility connection to public utilities.

10. 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.

11. Any omissions of any conditions not listed in Plan Commission Minutes shall not release the developer/property owner from abiding by the City’s Subdivision Ordinance and Zoning Code requirements.

Motion by Ald. Giese, second by Ald. Gonczy, to approve with 11 conditions the Conditional Use Permit filed by Donald Atkinson for a flagpole/wireless telecommunication facility located at 1109 Venture Place, Onalaska.

Under discussion, Jason Gilman referred to Condition 2, which refers to a zoning violation at Venture Machine & Tool. The violation relates to vibration produced by some of the equipment used at Venture Machine & Tool. Jason said, “I wanted the Council to know that I’m working aggressively with Mr. Atkinson on that issue to try to get it resolved. I think it’s in our interest to get it resolved soon, so that this cellular phone service can be implemented and we can put that issue behind us”.

Ald. Giese reported that at the subcommittee, a motion had been made to give Jason, in his capacity as Zoning Administrator, the discretion to determine the width of the pole at its base and the number of antennas that could be installed in the pole. Ald. Giese stated that his motion at this meeting of the Common Council intends the same.

On voice vote, motion carried.

REPORT FROM THE MAYOR (continued)

B. Introduction – Joe Carey, Intern – University of Wisconsin, La Crosse.

Mayor Bialecki noted that most Common Council members already had met Joe Carey. Mayor Bialecki reported that Joe was unable to attend this meeting of the Common Council. Mayor Bialecki reported that Joe would be with the City until late-December 2005.

C. Update on City Shop relocation.

Mayor Bialecki reported that there are tentative plans for the City Shop to be constructed at the Mason Drive location. Mayor Bialecki stated that those plans would be “reviewed and fine-tuned”.

Mayor Bialecki reported that he had met with the Wisconsin National Guard regarding possibly locating the City Shop on the present Armory site in Onalaska. The Armory site comprises 16 acres. The National Guard’s only long range plan for the site is an expansion of the building to the east only – in 15 years.

Mayor Bialecki reported that the National Guard has been provided with information regarding the proposed City Shop site. Mayor Bialecki reminded that the proposed City Shop would include a 50,000 square foot building and would be sited on five to 5.5 acres of land.

Mayor Bialecki reported that a response from the National Guard is anticipated in October 2005 or no later than November 2005.

D. Brice Prairie Joint Planning Area, City of Onalaska and Town of Onalaska.

Mayor Bialecki noted that the Common Council members had received information on this item on Friday, September 9, 2005 and need time to review the information. Mayor Bialecki invited the members to contact himself or Land Use & Development Director Jason Gilman with any questions.

Mayor Bialecki reported that the Town of Onalaska Attorney currently is reviewing the agreement. Mayor Bialecki reported that the Common Council could consider the agreement at the October 2005 meeting.

E. Final Swimming Pool Change Orders.

Mayor Bialecki requested that any future Change Orders related to the pool project – and that would cost dollars - should come through the Common Council.

Motion by Ald. Olson, second by Ald. Wulf, that any future Change Orders related to the swimming pool project, and that involve expenditure, shall be presented to the Common Council for approval.

Under discussion, Ald. Wulf noted that previously the Swimming Pool Building Committee was authorized to approve expenditures up to $5,000. Ald. Wulf said, “I think this is a very good move, because we are kind of in sensitive waters now.

“I would like to commend the committee. I believe that the Pool Building Committee has done about 99% of the work. But, I believe that this is the right move – now to turn everything over to Council from here on in”.

On voice vote, motion carried.

F. Boy Scouts Troop 68 – Bob Nelson.

Mayor Bialecki noted that the Boy Scouts of Troop 68 were in attendance to observe the proceedings in order to earn a merit badge. Mayor Bialecki thanked the Scouts for their attendance.

G. Update on expansion of Shared Ride services to West Salem.

Mayor Bialecki reported that he had received a copy of an email from West Salem Village Administrator Teresa Schnitzler. Teresa’s email was a follow up to a phone conversation between Teresa and Mayor Bialecki.

Mayor Bialecki reported that at the last Mass Transit meeting, there had been discussion regarding the potential for West Salem to join in the Shared Ride program. Mayor Bialecki reported that Teresa’s email indicated “strong interest for that program”. The Village Board will evaluate the budget ramifications of participation. The Village is limited to 2% or $17,000. There has been consideration of joining the program in January or July of 2006.

H. Authorization from Public Service Commission (PSC) to change water and sewer billings to actual readings on a quarterly basis.

Mayor Bialecki reported that the water and sewer billings are charged at a fixed rate every six months and at an actual rate on the alternate six months. Mayor Bialecki noted that this method was useful when in-person meter readings were necessary. The City now has the capability to read the entire City via radio remote in less than one day.

Motion by Ald. Wulf, second by Ald. Leathen, to authorize the change to actual water and sewer billings on a quarterly basis. On voice vote, motion carried.

I. Fuel costs associated with refuse collection.

Mayor Bialecki reported that Hilltopper Refuse has requested an increase in the charges to reflect fuel costs.

In response to a question from Mayor Bialecki, Fred reported that this item has not been considered at the subcommittee level as the City received the letter from Hilltopper Refuse dated September 7, 2005.

Fred reported that he had discussed the issue with City Attorney Gerry O’Flaherty. Fred reported that he had spoken via telephone with Larry Hougom of Hilltopper Refuse.

Fred turned over the item to Gerry. Gerry said, “Fred asked me to take a look at the contract. You have a seven year contract with Hilltopper that began in August 2001…

“That contract was really based upon the Request For Proposal that was circulated by the City. And, there are no provisions in that contract for the imposition of fuel surcharges. There isn’t any provision for reductions in fees if the cost of fuel declined, nor is there any provision for an escalator or surcharge in the event fuel prices went up.

“So, the letter that Fred received and forwarded to me seems to have a tone of indicating that they're just going to start putting a surcharge on their monthly statement. I know, Fred, you were going to speak to them to see if that’s what they were going to do and we would have to deal with it at that time”.

Fred reported that he had spoken with Larry Hougom on the afternoon of September 13, 2005. Fred said, “(Mr. Hougom) really would like the City to consider raising it. However, I think Gerry did explain, when we bid this out three years ago, gas prices have been up in the area where they are today and they didn’t have this happen”.

Fred stated that Mr. Hougom had requested that the Council reconsider the issue in one month.

Mayor Bialecki responded, “If I was asked to vote on it today, I would say no because it doesn’t talk about any money provisions. What amount are they talking about? Or, the flip side is, what if gas ever goes down lower than what it was a year ago? What’s the benefit to the City then?”

Fred reported that Mr. Hougom’s letter suggested a percentage increase on fuel costs in excess of $2.20/gallon, or a “mutually agreed upon measure”.

Mayor Bialecki recommended that the issue should be referred back to the 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. 1995 through No. 2147, expended since the last Common Council meeting of in the amount of $977,854.12, with Voucher #2147 being withheld pending all paperwork being in order prior to final payment. On voice vote, motion carried.

B. Lease extension agreement with Rodney and Gary L. Braund.

Motion by Ald. Smith, second by Ald. Giese, to approve the lease extension agreement with Rodney and Gary L. Braund, with the monthly lease rate to increase to $3,100 per month. On voice vote, motion carried.

C. Grant submittal for additional Federal funding for bulletproof vests.

Motion by Ald. Smith, second by Ald. Leathen, to approve the grant submittal for additional Federal funding for bulletproof vests. On voice vote, motion carried.

D. Continuation of the Onalaska Police School Liaison agreement between City of Onalaska and Onalaska School District.

Motion by Ald. Smith, second by Ald. Leathen, to approve the Onalaska Police School Liaison agreement between the City of Onalaska and the Onalaska School District with a 50% cost share of salary and benefits during school calendar year 2005/2006. On voice vote, motion carried.

E. Acceptance of a 2005 – 2006 GREAT grant award.

Motion by Ald. Smith, second by Ald. Olson, to accept the 2005 – 2006 GREAT grant award in the amount of $25,398. On voice vote, motion carried.

F. City Liability Insurance renewal for 2006 – 2008.

Motion by Ald. Smith, second by Ald. Wulf, to approve the renewal of the City Liability Insurance for 2006 through 2008. On voice vote, motion carried.

Item 4 – PUBLIC INPUT (limited to 3 minutes/individual):

Mayor Bialecki called for anyone wishing to provide input. Hearing none, Mayor Bialecki continued on with the agenda.

Item 7 – PERSONNEL COMMITTEE:

A. Safety Programs:

1. Ergonomics Program.

Motion by Ald. Smith, second by Ald. Giese, to approve the Ergonomics Program. On voice vote, motion carried.

B. Compensation Study.

1. Compensation Study Results.

Motion by Ald. Smith, second by Ald. Wulf, to accept the Compensation Study Results. On voice vote, motion carried.

2. Compensation Subcommittee.

Ald. Smith noted that the members of the proposed subcommittee are listed in the members’ packets.

Motion by Ald. Smith, second by Ald. Olson, to form a compensation subcommittee that would include staff, department heads, and Common Council members. On voice vote, motion carried.

3. Performance-based Pay Subcommittee.

Ald. Smith noted that the members of the proposed subcommittee are listed in the members’ packets.

Motion by Ald. Smith, second by Ald. Wulf, to form a performance-based pay subcommittee that would include staff, department heads, and Common Council members. On voice vote, motion carried.

C. Accident Review Panel.

Ald. Smith noted that this item had not appeared on the Personnel Committee agenda.

Liz reported that there had been discussion at the Finance & Personnel Committee meeting regarding the possible formation of a committee to review claims and accidents that involve City employees/City equipment.

Liz noted that the members’ packets include an outline of the proposed panel.

Motion by Ald. Gonczy, second by Ald. Giese, to accept the recommendation to establish an Accident Review Panel, comprised of the members as listed in the agenda attachment. On voice vote, motion carried.

Item 9 - ADMINISTRATIVE COMMITTEE:

A. Approval of Operator’s Licenses

Name Location Type of Application

Miranda J. Alexander Kwik Trip New

Alyssa A. Boese Kwik Trip New/Provisional

Bradley W. Drury American Legion New/Provisional

Lisa A. Koerner Olive Garden New

Jessica R. Larson The Wharf New/Provisional

Steve A. Mace American Legion Renewal/Provisional

Jennifer L. Pellot Applebee’s New/Provisional

Travis R. Pitz Festival Foods New

Brian T. Sans Crainte Coulee Golf Bowl New/Provisional

Motion by Ald. Gonczy, second by Ald. Wulf, to approve the Operators Licenses as outlined in the memorandum dated September 7, 2005. On voice vote, motion carried.

B. Repair of broken monuments in the Onalaska Cemetery.

Motion by Ald. Gonczy, second by Ald. Leathen, to authorize the repair of monuments in the Onalaska Cemetery.

Under discussion, Ald. Gonczy reported that insurance is in place as well as procedures for the work. The work will be coordinated between City Clerk Cari Burmaster and the Onalaska Area Historical Society. The work likely will not begin until 2006.

On voice vote, motion carried.

C. Horn blowing at railroad crossings located on 2^nd Avenue Southwest and 1^st Avenue South.

Ald. Gonczy reported that at the Administrative Committee meeting there had been a great deal of discussion of this item. Ald. Gonczy noted that this issue has been discussed in the past. Ald. Gonczy reported that a request had been made for the City to get a formal estimate of costs from the Wisconsin Railroad Commission.

Motion by Ald. Gonczy, second by Ald. Wulf, to direct City Engineering Aide Danny McDonald to make a formal request to the State of Wisconsin Railroad Commissioner to inspect the Onalaska Railroad crossings and to get an estimate for the possible upgrade to necessary standards. On a voice vote, the motion carried.

D. Clearwater Farm Foundation 10K/5K Run, October 8, 2005; 10:30 a.m. to noon.

Motion by Ald. Gonczy, second by Ald. Olson, to approve the Clearwater Farm Foundation 10K/5K Run to be held October 8, 2005 from 10:30 a.m. to noon. On voice vote, motion carried.

E. Class “B” Liquor License for Unwine’d, 1125 Main Street, Onalaska.

Motion by Ald. Gonczy, second by Ald. Wulf, to approve the Class “B” Liquor License for Unwine’d. On voice vote, motion carried.

Item 9 - BOARD OF PUBLIC WORKS:

A. Assessment district/impact fees for road improvements.

Ald. Leathen reported that the City has received an LACP grant in the amount of $19,000 that could be used for this issue. Ald. Leathen reported that Jason Gilman recommends doing studies on a case-by-case basis.

Motion by Ald. Leathen, second by Ald. Gonczy, to accept the recommendations of the Land Use & Development Director regarding Assessment District/Impact Fees for Road Improvements. On voice vote, motion carried.

B. Request from Bethany Lutheran Homes to defer assessments on Mason Street and to defer development fees.

Motion by Ald. Leathen, second by Ald. Gonczy, to approve the request from Bethany Lutheran Homes to defer assessments on Mason Street and to defer development fees, with the understanding that previous agreements with LB White and the YMCA shall be complied with.

Under discussion, Ald. Gonczy noted that the minutes of the Board of Public Works meeting indicate that the City Attorney was to have reviewed the item.

Gerry responded, “I know one of my partners looked at that issue and the memo that was provided to me indicated that the deferral of assessments or taxes should not be handled separately from annexation; that the annexation is like a prerequisite before LB White could be assigning the so-called benefits of that private agreement to Bethany Lutheran Homes. So, as long as it’s coupled with all of the other provisions of the agreement, it would seem to be satisfactory. But, I think we need to continue monitoring the process”.

Ald. Giese said, “I’m a little bit in a quandary here. The request from Bethany Lutheran Homes is to defer assessment. And, in fact what we’re doing is following our development agreement as listed. So, I get a little bit concerned with this new request coming to this body and then we authorizing it, which suggests that there’s a deferment. So, I would suggest as advice from the counsel, but possibly a friendly amendment to indicate that this is not a deferral, it’s simply an application of the existing development agreement”.

Gerry responded, “I agree that (the motion) should be amended and clarified – that the entire agreement should be applied to this situation, and not just vote to approve a deferral of an assessment”.

Motion by Ald. Giese, second by Ald. Gonczy, to amend the original motion to clarify that the entire agreement shall be applied to the request. On voice vote, motion carried to amend.

Mayor Bialecki called for the vote on the original motion as amended. On voice vote, motion carried.

C. No parking on west side of 17^th Avenue North.

Motion by Ald. Leathen, second by Ald. Smith, to establish a public hearing for the October 2005 meeting of the Board of Public Works, regarding “No Parking” on the west side of 17^th Avenue North. On voice vote, motion carried.

D. Request by CenturyTel to bury underground facilities.

Ald. Leathen reported that maps are available for the locations at which CenturyTel proposes underground facilities.

Motion by Ald. Leathen, second by Ald. Wulf, to approve the request by CenturyTel to bury underground facilities. On voice vote, motion carried.

E. Update on correction items as pointed out in Department of Natural Resources Sanitary Sewer Collection Report.

Ald. Leathen reported that four items for improvement were pointed out in the Department of Natural Resources Sanitary Sewer Collection Report. Three of those items have been corrected. The fourth item requires additional planning for the scheduled replacement of various parts of the system.

F. Request to install a private well and septic system at East Plaza Park.

Ald. Leathen reported that City water and sewer is not readily available to the property in question.

Motion by Ald. Leathen, second by Ald. Gonczy, to approve the request to install a private well and septic system at East Plaza Park. On voice vote, motion carried.

G. Sanitary Sewer relay on 8^th Avenue North.

Ald. Leathen reported that a necessary repair was identified as a result of having the sewer system televised.

Motion by Ald. Leathen, second by Ald. Gonczy, to authorize the repair to the sanitary sewer at 8^th Avenue South, in an amount not to exceed $6,500, which includes work by A-1 Excavating and others. On voice vote, motion carried, five to zero.

I. Wisconsin Department of Transportation Agreement for signalizing of East Main Street and Greens Coulee Road.

Ald. Leathen reported that the City of Onalaska share of this project would be approximately $103,066; the Federal and State share would total $104,934.

Motion by Ald. Leathen, second by Ald. Gonczy, to approve the Wisconsin Department of Transportation Agreement for signalizing East Main Street and Greens Coulee Road at a cost to the City of Onalaska of approximately $103,066. On voice vote, motion carried.

J. Amendment #1 to Water Study – S.E.H. Consulting Firm.

Ald. Leathen reported that the City must evaluate whether a booster pump would be required in the area of French Road. S.E.H. Consulting Firm will add this evaluation to an already-commissioned study. The original study cost is $20,000. The amendment would add an additional $3,100.

Motion by Ald. Leathen, second by Ald. Gonczy, to approve the amendment to the S.E.H. Consulting Water Study regarding an evaluation of the need for a booster pump in the area of French Road, at an additional cost of $3,100.

Under discussion, Ald. Gonczy noted that the motion coming out of the Board of Public Works stated, “with the understanding that the total cost of the study will be passed on to future developers in that area”.

On voice vote, motion carried.

Item 10 - PLAN COMMISSION (continued):

B. Subdivision request filed by Lester Pralle, Valley View Business Partners, for the

property located at Lot 15, Timbercrest Drive East, containing 2 parcels of 148,017 sf or

3.4 acres (Tax ID# 18-4451-0).

1. CSM Fee of $40.00 + $10.00 per lot x 2 = $60.00.

2. Owner/developer must abide by conditions of PUD.

3. All other fees are noted in PUD.

4. Owner shall provide Plan Commission with narrative reassuring for CSM.

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 Plan Commission Minutes shall not release the developer/property owner from abiding by the City’s Subdivision Ordinance and Zoning Code requirements.

Motion by Ald. Giese, second by Ald. Smith, to approve with eight conditions, the subdivision review request filed by Lester Pralle, Valley View Business Partners, for the property located at Lot 15, Timbercrest Drive East, containing two parcels of 148,017 square feet or 3.4 acres. On voice vote, motion carried.

C. Subdivision request filed by Lester Pralle, Valley View Business Partners for the

property located at Lot 20, Crestwood Lane for 2 parcels containing 37,574 sf or .816 acres

(Tax ID# 18-4451-0).

1. CSM Fee of $40.00 + $10.00 per lot x 2 = $60.00.

2. All other fees as noted in PUD.

3. Owner/developer must abide by conditions of PUD.

4. Owner shall provide Plan Commission narrative reasoning for CSM.

6. Owner/developer must notify the City prior to any utility connection to public utilities.

Motion by Ald. Giese, second by Ald. Leathen, to approve with eight conditions, the subdivision review request filed by Lester Pralle, Valley View Business Partners, for the property located at Lot 20, Crestwood Lane, containing two parcels of 37,574 square feet or .816 acres. On voice vote, motion carried.

D. Subdivision review requested by Mike Tooke, 960 Oak Ave No., for the property

located at Elizabeth Court CSM Lot 4, Blk 2, Rachelle Addition (Tax ID# 18-5900-0).

1. CSM Fee of $40.00 + $10.00 per lot x 2 = $60.00.

2. Park Fee of $1,120.00 per unit x 2 = $2,240.00

3. Storm Sewer Fee per agreement for Rachelle Addition.

4. Sanitary Sewer Fee of $38.00 per connection.

5. TOPO Fee of $10.00 per acre x .487 = $4.87.

6. Owner shall provide Plan Commission with a narrative reassuring CSM.

7. Owner shall abide by conditions of Rachelle Addition Plat.

9. Owner/developer must notify the City prior to any utility connection to public utilities.

Motion by Ald. Giese, second by Ald. Leathen, to approve with eleven conditions, to subdivision review request filed by Mike Tooke for the property located at Elizabeth Court Certified Survey Map Lot 4, Block 2, Rachelle Addition. On voice vote, motion carried.

E. Development agreement proposal requested by John Towner, Deer Creek

Development LLC, for the proposed Deer Creek Development, French Road, Onalaska.

Ald. Giese reported that this item comes forward from the subcommittee without recommendation.

Ald. Gonczy requested Jason’s input.

Jason said, “I think the critical issue with this was whether or not the City should participate with some of the costs associated the improvements between where they end on State Highway 16 and French Road, and where Mr. Towner’s development begins.

“And, one of the issues that the City Attorney brought up – Sean O’Flaherty – at the Plan Commission meeting, was that we are unable to recoup any money that we would reimburse Mr. Towner, because we can’t assess people without holding first public hearings. And, that process has to take place before the improvements are installed, which has already happened.

“So, I think the advice from Sean O’Flaherty was that we would not be able to participate in that agreement because we don’t have the ability to recoup our reimbursement to Mr. Towner”.

F. Unified Development Code – Conditional Uses and Form Districts Process.

Jason said, “We are entering probably the most intensive part of the rewrite of the subdivision and zoning code”.

Jason reported that a preliminary schedule has been established for the rewrite. Staff currently is in the process of creating a design team. The design team will be made up of Planning staff, Long Range Planning Committee members, members of the La Crosse Area Builders Association and perhaps a member of Centering Onalaska. Notices will be sent out to the public for a design charrette to be held on October 12and October 13, 2005. Jason stated that the charrette would be, “the event that will shape the new zoning code for the downtown and the downtown neighborhoods”.

G. Consideration of a PCID Amendment for Crossing Meadows Shopping Center for an addition to the former Blockbuster Video Store submitted by Ernie Tourville, TCI Architects, 1718 State Road 16, La Crosse, WI 54601.

Motion by Ald. Giese, second by Ald. Leathen, to find that the Planned Commercial Industrial Development Amendment for Crossing Meadows Shopping Center for an addition to the former Blockbuster Video store would not constitute a substantial change and therefore would not require further action. On voice vote, motion carried.

H. Property maintenance issues/rental housing.

Jason reported that City Residential Building Inspector Calvin King has brought to Jason’s attention that there has been an increase in complaints from renters regarding the rental properties in which they live.

Jason reported that most of the complaints range from code issues (non-compliance) to property maintenance issues such as broken windows, outdoor storage, etc.

Jason reported that there is a three-pronged approach to dealing with such complaints: 1) A new policy is in place that allows the Zoning Department and the Inspection Department to work together to address each complaint as it comes in; 2) there is a checklist to determine whether the complaint is a code issue or a property maintenance issue and who would handle the complaint; 3) Jason has recommended to the Plan Commission that policy-based mitigation should be considered.

Jason explained the process of policy-based mitigation: “As we consider rezoning applications – in particular rental housing in the City – that there’s strong evidence that we should really look at integrated neighborhoods and not segregated neighborhoods. And, the City has got a great track record of doing that. If you look at our rental housing, we don’t do like some big cities where we have all the rental housing in large tracts of land. That type of a policy has been supported nationally”.

Jason referred the members to a handout, which is an article by Anthony Downs of the Brookings Institution. Jason explained that the Brookings Institution is a Washington-based think tank that considers community issues.

Jason reported that staff is working on property maintenance issues. Staff contacts property owners regarding maintenance issues such as needed repairs or paint. Jason said, “It’s not always fast resolution. Sometimes we get mired down in property foreclosures or other types of issues”.

Ald. Wulf said, “While I’m certainly not advocating for the City of Onalaska to go the route of what the City of La Crosse has for the whole rental/landlord issue, I want to personally thank Jason and the Inspection Department (for) being very diligent about this. I think this is one area that maybe has been a forgotten area. And, I appreciate that Jason and his department has been on top of this of late and you’re developing practices to address these issues. Because, I think this is something that is very important so we do update that City of Onalaskans and the taxpayers have come to appreciate about living in this City. So, I want to thank you and your department for developing these practices and bringing it to the Plan Commission’s attention and to Common Council’s attention. Because, I think this is kind of some of the disintegration of cities, that if you don’t have the proper people in personnel in city halls that these are the things that start slipping away and get overlooked. So, I want to thank you for your attention to this detail”.

I. Plat request filed by Mike Tooke, 960 Oak Avenue North, Onalaska for the property

located at Elizabeth Lane, Shelly Addition One containing 8 parcels on 2.65 acres, (Tax ID

# 18-5900-0).

Final Plat fee of $20.00 + $2.00 per lot x 8 = $36.00.

Park fee of $1,120 per unit x 8 = $8,960.00.

Topo Fee of $10.00 per acre x 2.65 = $26.50.

Sanitary Sewer Fee of $38.00 per connection.

Storm Sewer Fee of $3,148 per acre x 2.65 = $8,342.20. Storm sewer fee may be waived if developer installs storm sewers. If cost exceeds fee City shall pay half cost and/over the fee. If fee exceeds cost developer shall pay the difference.

Owner/developer shall abide by all conditions of the original plat for Shelly Addition.

Owner shall establish permanent R-1 zoning on parcels in proposed plat.

Structures in proposed plat shall be constructed with a finished floor elevation of not more than 36” above the elevation at the curb.

2 foot contour map required for plat.

Question purpose of 5 foot easement shown on plat.

Owner shall provide City with a statement indicating timetable for installation of improvements.

Sidewalk required-both sides of proposed street-match existing.

Streetlights required-coordinate with City Engineer.

2-2 1/2” caliper canopy trees required per lot.

15. Developer to make utility plans available to prospective buyers.

Utility laterals shall extend a minimum of 10 feet beyond the property line to avoid contractors having to dig around buried utilities to hook up water and sewer laterals.

Utility plans must be submitted to the Public Works Department for review by the Utility Committee.

Master drainage plan must be submitted for review and approval by the Public Works Director. A copy of the approved plan must be on file in the Inspection Department prior to building permit issuance.