***Audio recording begins with the Pledge of Allegiance.

The Meeting of the Common Council was called to order at 7:00 p.m. Tuesday, December 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. Jim Olson, Ald Kim Smith, Ald. Bill Leathen, and Ald. Gary Gonczy. Also present were: City Clerk Cari Burmaster, Financial Services Director Fred Buehler, Land Use & Development Director Jason Gilman, Public Works Director Ron Lund, and Attorney Sean 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. Olson, 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 called three times for anyone wishing to provide input. Hearing none, Mayor Bialecki continued on with the agenda. Item 8C was addressed next.

Item 8 – ADMINISTRATIVE COMMITTEE:

C. Request to replace flag holders at the Onalaska Cemetery on Veterans’ graves for Eagle Scout project for Luke Jorde.

Motion by Ald. Gonczy, second by Ald. Wulf, to approve the request to replace flag holders at the Onalaska Cemetery on Veterans’ graves for Eagle Scout project for Luke Jorde. On voice vote, motion carried.

Item 9 – BOARD OF PUBLIC WORKS:

H. 12^th Avenue South Bike Lanes and snow plowing.

Ald. Leathen reported that there had been discussion at the Board of Public Works regarding problems with snow plowing along the bike trail because there is no alternate side parking. Residents living in that area are having to remove more snow than usual because of the bike trail.

In response to a question from Ald. Olson, Ald. Gonczy confirmed that the ordinance currently states that that stretch of road is limited to parking on one side of the street (on the east side of 12^th Avenue South).

Mayor Bialecki noted that those with smaller cars are experiencing problems with bottoming out after the plows come through. Mayor Bialecki added that there also are concerns regarding the safety of children in the area.

Mayor Bialecki noted that many of the cars that park on the east side of 12^th Avenue South should in fact be parking in the apartment building lot. Mayor Bialecki reported that Land Use & Development Director Jason Gilman has assured him that there is sufficient parking for the residents in the apartment lot.

Mayor Bialecki reported that Assistant City Engineer Jarrod Holter has informed him that the City staff prefers that the area should be posted as No Parking. Mayor Bialecki asked if that would be the best option or would it be better to allow alternate side parking during the winter months only.

Ald. Leathen reported that the Board of Public Works had taken action to establish alternate side parking during the winter months only.

Motion by Ald. Leathen, second by Ald. Olson, to post 12^th Avenue South as alternate side parking during the winter months.

Under discussion, Ald. Gonczy asked if the ordinance would have to go through Administrative & Judiciary Committee for amendment. City Attorney Sean O’Flaherty reported that the ordinance could be amended at this meeting of the Common Council.

Motion by Ald. Gonczy, second by Ald. Leathen, to amend the original motion to state the specific dates for alternate side parking as November 1^st through April 1^st.

Under discussion, Mayor Bialecki directed that a letter of notification should be sent to the residents of that area.

Ron noted that the Bike Trail runs from CTH SS to Redwood Street. Ron asked if it were correct that the area to be considered for seasonal alternate side parking would be the stretch from Main Street south. Ald. Leathen and Ald. Gonczy stated that is correct.

Ald. Gonczy noted that the signs would have to be changed.

Fred noted that the alternate side parking would allow cars to be parked on the bike trail.

Ald. Giese requested a reading of the pertinent lines from the minutes of the Board of Public Works meeting.

Ald. Leathen read: “Motion by Mayor Bialecki, second by Ald. Leathen, to establish alternate-side parking along the bike route. Under discussion, Ald. Leathen asked if it were correct that this action would have to be presented to the Administrative & Judiciary Committee. Fred stated that is correct if in fact the existing ordinance must be amended. On voice vote, motion carried”.

Ald. Gonczy noted that the problem primarily occurs south of Wilson Street on 12^th. The west side currently is marked No Parking. Ald. Gonczy said, “I think the intentions are to take that back to the way that originally was – and that’s what we have to discuss – to allow people from November 1 to April 1 to park in the bike lane… so that they can go back and forth and you can clean the snow out of the way. So that would end up making it similar to what they do up farther on 12^th where there’s no painted bike lane”.

Ald. Giese said, “Unfortunately the environmental conditions don’t match the calendar dates for snow removal. So, what we’re going to have are some days very suitable for bike commuting and bike use that we’re going to have parking within the bike lane”.

Mayor Bialecki said, “In downtown La Crosse there are bike areas there too but they also allow parking in those lanes. And that might just have to be the exception here too because there are snow plowing issues and the potential for safety problems too”.

Ald. Gonczy stated that he had toured the area. Ald. Gonczy said, “It looks like that’s the only way you can solve it – is if you let people park alternate sides”.

Ald. Smith said, “One concern that I have is that there was a City expense and there are quite a few permanent No Parking signs due to the bike lane there. And so to take them down I don’t think would be very cost effective and to leave them up would be sending a mixed message”.

Ron offered two solutions: 1) to “bag” the signs during the winter months; and 2) to add an attachment to the signs that states that the No Parking is not in effect during the stated months.

Ald. Leathen noted that the City of Milwaukee adds to its street signs for such cases.

Ald. Giese said, “The concern was brought to the Board of Public Works by citizens and they were representing the property owners that have driveways fronting on 12^th Avenue, and the burden of snow removal, and the lack thereof during certain periods, in terms of getting in and out of their driveways.

“The discussion at the Board of Public Works – at least one of the items that it centered around – was whether there was alternative parking, i.e. non-street parking in the area. And, at least as I recall it, Mr. Gilman indicated that the requirements for off-street parking and felt that there should be, in most cases, adequate parking off street.

“We haven’t really heard from people saying they can’t find a place to park. We’ve heard from people saying that when people do park on that side of the road, they have a problem with snow removal. I’m very sensitive to what everybody said here tonight in terms of cost for removal of signs, that we have to provide adequate parking for the residents of this community.

“I just don’t want to get ahead of ourselves where we’re really taking a corrective action that goes beyond the scope of the problem. And so a suggestion there would be possibly along the lines that Ron alluded to; that we could have a more flexible No Parking on that side of the street – that we could have a period time where some discretion could be provided”.

Land Use & Development Director Jason Gilman said, “When I attended the meeting, I was under the impression that alternate side parking would be used but it would only be used on one side of the street. The parking in the bike lane concerns me only in that I’ve attended the Traffic Institute seminar – conference – on bicycle safety. And as I understand it, when a city designs a bicycle facility and signs it as such, we have an obligation to make sure that it’s designed for safe travel. I’d like to check in to whether or no allowing parking in a bike lane presents a hazard that could result in the City becoming liable for somebody running into it if they’re driving their bike – before we decide that we’re going to allow parking in the bike lane”.

Mayor Bialecki asked what is to be done regarding the residents’ concerns regarding snow removal.

Ald. Giese said, “I thought what I was voting on was what Jason just suggested. And I’m not saying that I was misled in any way. I think I just didn’t follow the tread of the argument closely enough – that we were going to have alternate side parking and that that would then result in No Parking on one side of the street. So that would remove those cars that are in the way for snow removal now. And I felt very comfortable with that because I thought it was a proportional response. If we do that and it becomes a real burden on people, I suspect we’ll hear about it. We have heard about it from the property owners that have driveways fronting that street…

“I think it’s to much to amend the motion, to change the interpretation, but ask the chair’s rule on that”.

Ald. Olson suggested that signage could be installed stating that in the event of heavy snowfall, cars must be removed from the street by a given hour. Ald. Olson noted that this would address the problem as it occurs, as a result of heavy snowfall.

Ald. Smith recommended posting the stretch, “Emergency snow removal. No parking by order of the Chief of Police (or the appropriate authority)” until such time as the snow has been removed. Ald. Smith noted this would allow the No Parking to be affected immediately and the ordinance would not have to be amended.

In response to a question from Ald. Gonczy, Ald. Smith confirmed that she is referring to temporary signs (i.e. on lathe stakes).

In response to a question from Ald. Smith, Ron confirmed that the City has those signs on hand.

Ald. Gonczy noted that few snow plowings have been required this season and that the parked cars have left “sloppy” areas where snow/slush has accumulated. Ald. Gonczy suggested that if that residue were to freeze hard, it would be very difficult to remove.

Ald. Gonczy withdrew his motion to amend. Ald. Leathen withdrew his second to the motion to amend.

In response to a question from Ald. Gonczy, Jason said, “I think once the City signs it a bike facility, then there’s an expectation that it has to remain safe for bike travel”.

Ron noted that the temporary signs could cause a situation in which residents would have to shovel driveways twice as the plows would come through, the temporary signs would be posted, cars would be moved, then the plows would come through again.

Ald. Smith suggested that Common Council action would not be necessary as the Street Department routinely posts temporary signs at its discretion.

Ald. Gonczy noted that the short-term forecast calls for snowfall and suggested that the temporary signs should be placed at this time.

Ald. Leathen requested that Jason present more information at the next Board of Public Works meeting. Jason stated that he would consult with Tom Huber of the Wisconsin Department of Transportation. Jason explained that Mr. Huber deals with bicycle issues.

Mayor Bialecki continued on with the printed agenda.

Item 5 - REPORT FROM THE MAYOR.

A. Appointment to the Performance-based Pay Subcommittee.

Motion by Ald. Gonczy, second by Ald. Giese, to appoint to the Performance-based Pay Subcommittee the City Department Heads and the future Human Resources Specialist.

Under discussion, Mayor Bialecki noted that it is possible that the Performance-based Pay Subcommittee would not make its first report to the Finance & Personnel Committee and Common Council until February 2006.

On voice vote, motion carried.

B. Appointment to the County Hazardous Waste Panel – Larry Hougom, 213 10^th Avenue North, Onalaska.

Motion by Ald. Gonczy, second by Ald. Olson, to appoint to the County Hazardous Waste Panel Larry Hougom, 213 10^th Avenue North, Onalaska. On voice vote, motion carried.

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. Wulf, to approve Vouchers No.2668 through No. 2898, expended since the last Common Council meeting of November 8, 2005 in the amount of $1,755,216.73. On voice vote, motion carried.

B. Promissory Note to the Community Development Authority OmniCenter not to exceed $30,000 and paid back on or before 2/15/2006.

Motion by Ald. Smith, second by Ald. Olson, to authorize the issuance of a Promissory Note to the Community Development Authority OmniCenter not to exceed $30,000, at a rate of 4% interest, and to be paid back on or before 2/15/2006.

Under discussion, Mayor Bialecki asked Fred to comment on the interest rate. Fred reported that he had consulted with Jody Low, “and she was very comfortable with the 4(%)”.

On voice vote, motion carried.

Item 7 – PERSONNEL COMMITTEE:

A. Personnel Policies.

Tax code/policy relating to uniforms and work clothes.

Ald. Smith reported that this item comes forward without recommendation.

Motion by Ald. Smith, second by Ald. Gonczy, to approve City of Onalaska Personnel Policy 3.07 regarding the uniforms and clothing reimbursement policy.

Under discussion, in response to a question from Mayor Bialecki, Ald. Smith stated that the policy would go into effect immediately.

On voice vote, motion carried.

Tax code/policy relating to City vehicles.

Ald. Smith noted that this item comes forward without recommendation.

Motion by Ald. Smith, second by Ald. Leathen, to approve City of Onalaska Personnel Policy 3.08 relating to personal use of City-owned vehicles.

Under discussion, in response to a question from Mayor Bialecki, Ald. Smith stated that the policy would go into effect immediately.

In response to a question from Ald. Gonczy, Sean confirmed that the actions taken under Agenda Items 7A(1) and 7A(2) are in response to the tax code.

Ald. Giese asked if it were correct that unmarked law-enforcement vehicles qualify for non-personal use. Sean responded, “In the policy there is a definition of what an unmarked law-enforcement vehicle is. And that is, ‘an unmarked law-enforcement vehicle is included in a qualified non-personal use vehicle’. On Page 3 of 4 is the definition… of ‘unmarked law-enforcement vehicle’. That’s actually a new definition. On Page 2 there is the beginning of the definition of ‘qualified non-personal use vehicle. There’s a list of them, which includes ‘unmarked law-enforcement vehicle’. That list goes on to Page 3 of 4 of the policy – at the top of Page 3 of 4 it has the word ‘tractors’ and then the next line, which says, ‘unmarked law-enforcement vehicle’, that’s a new definition”.

On voice vote, motion carried.

a. Position(s) authorized by City to commute with City vehicles.

Ald. Smith noted that this item did not appear on the agenda of the last Finance & Personnel Committee meeting.

Motion by Ald. Smith, second by Ald. Gonczy, to approve the positions authorized by the City to commute with City vehicles, as stated in the members’ packets.

Under discussion, Fred requested that the positions be specified for the record. Sean responded, “The policy, which you adopted, specifically states that it is the policy of the City of Onalaska to not allow personal use of City vehicles, except for commuting by designated personnel who have a non-compensatory reason for using such vehicles. And therefore, it is allowable to designate people by position to use City-owned vehicles for non-compensatory purposes”.

In response to a question from Ald. Smith, Fred reported that those authorized positions would include: the Fire Chief, Assistant Fire Chief, Chief of Police, Captains, and Investigators.

Ald. Smith stated that the intent of her motion is to include the authorized positions as stated by the Finance & Personnel Director.

Ald. Gonczy suggested that the authorized positions should be listed in the policy. Sean responded, “I would not recommend putting that into the policy. And the reason is that the reason that you can authorize those positions at this time is that each of those positions currently is on-call. And that’s the rationale for the reason why they can use the vehicles for emergency purposes. If you write it into the policy, and then you change the position so that that position is no longer on-call, you’re policy is going to fall out of effect and no one’s going to be able to track that. I do think we’re going to be able to track those in another manner so that that’s going to be easy to find. But I would not recommend putting those into the policy. The only policies that have been disallowed by the IRS are when the exceptions are put into the policies and then the IRS says, ‘Well you no longer have a policy, that it can’t be used for commuting purposes or for personal purposes’”.

Ald. Gonczy suggested that the authorized positions should be reviewed annually. Sean concurred.

On voice vote, motion carried.

B. Post internally:

Lieutenant – Onalaska Fire Department.

Motion by Ald. Smith, second by Ald. Olson, to post internally the position of Lieutenant for the Onalaska Fire Department. On voice vote, motion carried.

C. Post and Advertise.

Police Patrol Position.

Motion by Ald. Smith, second by Ald. Leathen, to approve the posting of and advertising for the Police Patrol Position. On voice vote, motion carried.

D. Authorization to continue the phase-out vacation bank for Non-union employee.

Motion by Ald. Smith, second by Ald. Wulf, to approve the continued phase-out of the vacation bank for a non-union employee, with the understanding that the employee shall use 40 or more hours per year until the bank is depleted.

Under discussion, in response to a question from Ald. Gonczy, Mayor Bialecki confirmed that Financial Services Director Fred Buehler is the only employee with this situation. Mayor Bialecki added that past action has been taken stating that over limit time must be used up. Currently 40 hours may be carried over.

On voice vote, motion carried.

E. Reorganization of Engineering Department.

Organization Chart.

Motion by Ald. Smith, second by Ald. Leathen, to approve the organizational chart for the Engineering Department. On voice vote, motion carried.

Draft Job Description.

Motion by Ald. Smith, second by Ald. Olson, to approved the revised draft job description for the City Engineer position. On voice vote, motion carried.

Salary Range.

Motion by Ald. Smith, second by Ald. Leathen, to approve the salary range for the City Engineer position at $58,000 to $62,000 annually.

Under discussion, Ald. Wulf asked, “What is the philosophy of the City of Onalaska – why this one particular position would have a salary range, whereas a previous position that is currently posted would just have a posted salary”.

Mayor Bialecki responded, “The intent here I think, for the Engineer position, is to get that to fit that study that was recently concluded, and that we can begin to progress in that direction”.

Ald. Wulf said, “Serving on that committee for a number of weeks in a row, I think that was one concern that committee expressed very much so, should we really be doing that? If we’re not posting that Human Resources position at the recommendation of that committee, why are we doing that for that City Engineer position? I guess that would be my one concern”.

Fred explained that the City Engineer would be a department head position and there are a wide variety of credentials.

Ald. Giese asked what is the salary of the incumbent and what is the salary of the Assistant City Engineer. Mayor Bialecki reported that the Ron Lund’s salary is $71,000 to $72,000 and Jarrod Holter’s salary is $54,000. Mayor Bialecki noted that Ron has been with the City for 28 years.

On voice vote, motion carried.

Post & Advertise.

Ald. Smith noted that this item comes forward without recommendation.

Motion by Ald. Smith, second by Ald. Olson, to authorize the posting of and advertising for the position of City Engineer.

Under discussion, Mayor Bialecki asked on which sources would the position be posted besides: local, statewide, and League of Municipalities. Ron stated that the League of Municipalities would be a good option. Ron stated that he would provide other sources.

Ald. Wulf inquired about posting with engineering colleges. Cari noted that the job description calls for four years of experience in one area and three years in another. Ald. Wulf clarified that she is referring to postings to alumni.

On voice vote, motion carried.

Item 8 - ADMINISTRATIVE COMMITTEE:

A. Approval of Operator’s Licenses

Name Location Type of Application

Tiffany M. Hulbert Applebee’s Renewal

Emma C. Jereczek Applebee’s New

Bradley A. Van Camp Aldi Foods New

Chris J. Ward Hillside New

Jeff D. Wittrock Applebee’s New

Motion by Ald. Gonczy, second by Ald. Wulf, to approve the Operator’s Licenses as listed. On voice vote, motion carried.

B. Use of City logo by American Legion for Legion Community Days brochure.

Motion by Ald. Gonczy, second by Ald. Smith, to approve the use of the City logo by the American Legion for the Legion Community Days brochure.

Under discussion, Mayor Bialecki asked if it were correct that an agreement had been reached that this approval would be reviewed annually. Ald. Gonczy indicated that is correct.

On voice vote, motion carried.

D. Request for interment of ashes with one infant burial and another interment of ashes on Block 75, Lot 8, Grave 3, for Luella Kopp.

Motion by Ald. Gonczy, second by Ald. Olson, to approve the request for interment of ashes with one infant burial and another internment of ashes on Block 75, Lot 8, Grave 3, for Luella Kopp. On voice vote, motion carried.

E. Review of solicitor permit hours for winter months.

Ald. Gonczy noted that this item was referred to the City Attorney for review in an email from City Clerk Cari Burmaster dated December 7, 2005.

Sean said, “The question that we were asked is whether or not there is any State statute that would prevent hours being placed upon peddlers or vendors, especially during winter months. And there is not”.

Ald. Gonczy noted that the issue would be reviewed at the next Administrative & Judiciary Committee.

Item 9 - BOARD OF PUBLIC WORKS:

A. 2006 – 2010 Capital Improvement Projects/Public Hearing.

Review projects and costs.

Ald. Leathen noted that the changes recommended at the Board of Public Works are reflected in the updated Capital Improvement Projects list.

Schedule Public Hearing for Tuesday, January 3, 2006 at 6:30 p.m.

Motion by Ald. Leathen, second by Ald. Smith, to schedule a Public Hearing on the 2006 – 2010 Capital Improvement Projects, to be held on Tuesday, January 3, 2006 at 6:30 p.m.

Under discussion, Mayor Bialecki noted that the Capital Improvement Projects list contains, “an unusually high amount of projects compared to the last couple of years. But, when you look at how things are separated, almost half of those dollars will come from State grants. And of course some of these projects, such as the extension of 12^th Avenue South, the interchange, Highway 35, these are all things we agreed to do in the last three or four years. Also to note then that the City’s end of that is almost halved by half of that being bonded for under Capital Improvements and the other half will go back to Water & Sewer revenue bonds. So I think it’s split fairly well.

“While this is a load right here, I’d just as soon we do that, rather than risk in the next few years losing a lot of those State dollars”.

On voice vote, motion carried.

B. Proposal on assessment district for transportation improvements.

Motion by Ald. Leathen, second by Ald. Gonczy, to accept a proposal from Ayres Associates on an assessment district for transportation improvements in the amount of $28,600 to proceed with Phase 1.

Under discussion, Mayor Bialecki noted that there is a $19,000 grant to be used for this project. The remaining balance would be considered in mid-2006.

On voice vote, motion carried.

C. Annual Water Supply inspection.

Ald. Leathen reported that the Board of Public Works received an Annual Water Supply Inspection Report from the Department of Natural Resources.

Motion by Ald. Leathen, second by Ald. Gonczy, to receive the Annual Water Supply Inspection Report from the Department of Natural Resources. On voice vote, motion carried.

D. Final assessment cost – Mason Street.

Ald. Leathen noted that Ron has recalculated the costs since the Board of Public Works meeting. The Sanitary Sewer assessment is $17.28/linear foot. The Water assessment is $17.72/linear foot. The Storm Sewer assessment is $20,000 lump sum. The Street assessment $33.33/linear foot, including a 7.5% administrative fee.

Motion by Ald. Leathen, second by Ald. Gonczy, to accept the Final Assessment Costs for Mason Street.

Under discussion, Mayor Bialecki asked if it were correct that street light costs were overlooked. Ron responded, “Typically, when development comes in, the developer is responsible for installing the street lights. In this case, when we checked with Riverland Energy this past week, we found that the street lights had not been ordered in yet. In may have been an oversight on the YMCA… not knowing that that was required. As of this point in time, they have not been ordered in”.

Ron reported that he has not been able to make contact regarding this issue with Bill Soper of the YMCA. Ron reported that there are six street lights proposed at a cost of approximately $800 to $1,000 per light. Ron explained that the YMCA could either order and pay for the lights or the City could order and pay for the lights and then assess the YMCA. Ron noted that the City made a $50,000 contribution to the YMCA; the City could take the assessment from that contribution.

In response to a question from Ron, Fred confirmed that the City still has the $50,000 available.

Ron reported that the lights likely would not be installed until the summer of 2006.

In response to a question from Ron, Fred stated that the assessments should be approved at this time so the costs could be booked prior to year end. Fred stated that it is his recollection that no interest is being charged on the assessments.

At Ald. Gonczy’s request, Ald. Leathen restated the figures as stated in the above-recorded motion.

Ald. Giese asked if the YMCA is aware of the requirement to fund the street lighting. Ron responded, “That’s a question I could not get answered today”. Ron reported that the subdivision ordinance clearly states that the YMCA would be responsible for the street lights. Ron stated that the YMCA “probably is not” aware of the requirement.

In response to a question from Ald. Giese, Mayor Bialecki confirmed that the motion is for assessment costs only and does not dispose of the street light issue.

On voice vote, motion carried.

E. Oak Forest Drive Project.

Right-of-way acquisition cost – Authorization to purchase various parcels for the project.

Motion by Ald. Leathen, second by Ald. Giese, to proceed with right-of-way acquisition for Parcels #1, #4, #5, #8 and #10 and with parcel #7 if the cost for the acquisition is no more than $5,800 for the Oak Forest Drive project. On voice vote, motion carried.

City-owned land dedication proposed to road right-of-way.

Motion by Ald. Leathen, second by Ald. Giese, that the City shall own and maintain right-of-way for Parcels #3, #6, and #9, as outlined in the memo from Assistant City Engineer Jarrod Holter in his memo of November 28, 2005. On voice vote, motion carried.

La Crosse County land needed for the project.

Mayor Bialecki reported that the land required to complete the project has been assessed at $50,000. The La Crosse County Board has requested this amount.

Mayor Bialecki stated that there is no objection to this request. Mayor Bialecki said, “However, the County Board resolution also adds an additional $25,000 to be paid back to them for work on Krause Road in the Town of Onalaska. From the Board’s perspective, as well as mine, that’s kind of confusing because they’re two irrelevant projects. And the Krause Road project, if you recall goes back roughly three years ago. We went round and round about fixing that road up. And the end result was – and the agreement was with the Town of Onalaska that we put a cul-de-sac in there. So I don’t know that there’s an issue right now that we would have to pay $25,000 for. That’s been resolved three years ago”.

Ald. Giese suggested taking action on the $50,000 but not the additional $25,000.

Motion by Ald. Giese, second by Ald. Wulf, to approve the purchase of La Crosse County land needed for the Oak Forest Drive project, in the amount of $50,000 and to clearly state that this approval does not include any other itemization that might be billed to the City of Onalaska by La Crosse County.

F. S.E.H. Water System Report.

Ald. Leathen reported that S.E.H. conducted a Water System analysis, which is complete and which recommends some future projects.

Motion by Ald. Leathen, second by Ald. Gonczy, to receive the S.E.H. Water System Report. On voice vote, motion carried five to zero with Ald. Wulf being absent for the vote.

Ald. Leathen noted that S.E.H. has been asked to attend the next Board of Public Works meeting to discuss the report.

G. Three-party agreement to design Greens Coulee signal lights.

Motion by Ald. Leathen, second by Ald. Gonczy, to approve S.E.H. to conduct a study regarding the Greens Coulee signal lights, in an amount not to exceed $31,580.62. On voice vote, motion carried.

Item 10 - PLAN COMMISSION:

A. Regarding a Conditional Use Permit/Stealth Determination submitted by Arther and Pearly Brueske, 1315 3^rd Avenue North, Onalaska for the purpose of erecting a wireless telecommunication facility consisting of a stealth pole with a fenced in equipment shelter near the Well Street Station (reservoir), east of State Highway 35 & north of Main Street, Onalaska, WI 54650 (Parcel #18-725-0).

1. CUP Fee of $150.00.

2. Owner shall submit a visual analysis, photo simulation showing what the tower will look like in its surroundings, prior to Plan Commission determination.

3. Maximum height shall not exceed 1 foot for each 3 feet the tower is set back from the nearest property line unless approved by the Plan Commission as a “stealth facility”.

4. Owner shall provide a Site Plan Permit with all submittals required by Section 13-1-135 (o) of the Zoning Code.

5. Tower and equipment, grading and land disturbance shall not be visible by the public.

6. If the Plan Commission determines that the facility is not a “stealth” application, this site does not qualify for a Conditional Use Permit.

7. 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.

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

9. 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.

10. 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.

Motion by Ald. Giese, second by Ald. Gonczy, to approve with ten conditions the Conditional Use Permit/Stealth Determination submitted by Arthur and Pearly Brueske, 1315 3^rd Avenue North, Onalaska for the purpose of erecting a wireless telecommunication facility consisting of a stealth pole with a fenced in equipment shelter near the Well Street Station (reservoir), east of State Highway 35 & north of Main Street.

Under discussion, Jason noted that Condition 5 indicates that the tower and equipment, grading and land disturbance shall not be visible by the public. Jason reported that that condition would be enforced as part of the Site Plan approval process.

Ald. Giese said, “I think it’s good for the Council to know, having sat through this at subcommittee and the Plan and here, I all along have had some concern for preserving the sight line along the bluff. At the Plan Commission, PhotoShop simulation photos were presented – and we didn’t have those ahead of time – and it took a little while to assimilate that information. From the photo itself, it’s obvious that the pole is going to extend considerably above the tree line. And, in dialogue with the representatives concerning this request, we had a discussion about different types of painting – whether it be camouflage or dead-grass green, or whatever it’s going to be. Jason talked to me earlier before the meeting and my comments could be construed that we accepted that – that we had a discussion on it and that looked okay. I want to clearly state for the record that the Condition #5, I think it is, protects our ridge line sight purity and that that’s an appropriate thing to do. So if this proposal can not come in meeting that Condition #5, which would be a Site Plan Approval, then we all should – in my opinion – expect to have this rejected”.

Fred asked what road would be used to access the telecommunication facility. Jason reported that the developer proposes to use the City easement on the Brueske property. This easement leads up to the City reservoir. The developer proposes to improve and maintain (plowing) the road.

On voice vote, motion carried.

B. Regarding a Rezoning application filed by Robert Chalsma, W7574 Cliffshade Road, Holmen, WI 54636, for the property at 9550 East 16 Frontage Road from TC – Transitional Commercial to M-1 – Light Industrial for the purpose of operating a sports bar and restaurant (Tax ID# 18-3607-0 & #18-3567-10).

1. Rezoning Fee of $150.00.

2. Storm Sewer Fee equal to the difference between TC and M-1 (TC = $3,922 per acre and M1 = $5,506 per acre) x 1.4 acres = $5,506.20 (TC) - $7,708.40 (M1) = $2,201.80.

3. Owner/developer shall submit detailed landscape, drainage and erosion control plans as part of a Site Plan submittal for review and approval by the City.

4. Lighting, signage, and parking shall be planned to be unobtrusive from neighboring residential areas.

5. Signage requires separate review/permits.

6. Owner shall coordinate and construct a parking lot connection to the adjacent Treehouse Gifts site.

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

Motion by Ald. Giese, second by Ald. Wulf, to table the rezoning application filed by Robert Chalsma, W7574 Cliffshade Road, Holmen, WI 54636, for the property at 9550 East 16 Frontage Road from TC – Transitional Commercial to M-1 – Light Industrial for the purpose of operating a sports bar and restaurant. On voice vote, motion carried.

C. Regarding a Conditional Use Permit application filed by Nathan Meyer, agend for Cingular Wireless, 6402 Corporate Drive, Indianapolis, IN 46278, for the purpose of upgrading the existing equipment and antennas located at 580 Lester Avenue, Onalaska, WI 54650 (Tax ID# 18-4013-0).

1. Conditional Use Permit fee of $150.00.

2. Owner shall disclose any changes to the size of the structure (lower) and equipment being upgraded.

3. Site Plan Permit required. Perimeter landscaping shall be included as part of the Site Plan Permit.

4. 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.

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

6. 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.

7. 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.

Ald. Giese noted that Condition 3 was modified at the Plan Commission level to include landscaping around the perimeter.

Motion by Ald. Giese, second by Ald. Smith, to approve with seven conditions, the Conditional Use Permit application filed by Nathan Meyer, agend for Cingular Wireless, 6402 Corporate Drive, Indianapolis, IN 46278, for the purpose of upgrading the existing equipment and antennas located at 580 Lester Avenue. On voice vote, motion carried.

D. Unified Development Code – Form District and Area Standards for Zoning Districts.

Jason referred the members to an attachment, which is a formatting example of the new Unified Development Code, and a schematic layout of the form districts for the downtown neighborhoods and downtown commercial area, and a new format for each zoning section.

Jason said, “What we’re trying to do is really get all t