The Meeting of the Common Council was called to order at 7:00 p

The Meeting of the Common Council was called to order at 7:00 p.m. on September 12, 2006. 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. Clarence Stellner.

Also Present: Finance Director Fred Buehler, Land Use & Development Director Jason Gilman, City Engineer Jarrod Holter, City Clerk Cari Burmaster, HR Specialist Elsa Kulig, and City 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. Gonczy, 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 turned the agenda item over to anyone wishing to address the council.

Item 5 - REPORT FROM THE MAYOR.

No report.

RECOMMENDATIONS FOR APPROVAL AND/OR POSSIBLE ACTION FROM THE FOLLOWING COMMITTEES/COMMISSIONS/BOARDS:

Item 6 – FINANCE COMMITTEE:

A. Resolution 31-2006 - Authorizing the sale of $1,815,000 General Obligation Recreational Facility Bonds. (A complete copy of the resolution is included with the vault copy.)

Ald. Smith referred this item to Brad from Robert W. Baird who has put together a final pricing summary for these bonds.

Brad reported, “We took bids this morning up until 10:00 on these bonds. It was an issue size of $1,815,000 and the first page after the cover page shows the list of bidders we received. You can see that there were seven bids and they were all very close together. From the best bid to the highest bid, there is a difference of only .1%. From the first to the second place, that difference is only .2% - so very nice bids. Bernardi Securities that had the best bid, the lowest true interest cost at 4.0877%. Going on to the next page, there is a summary of the resolution that you are considering this evening, and it shows the issue size, the description of the bonds are the general obligation recreational facility bonds.

Funds are going to be available October 3, 2006, and this will have annual maturities for the next 20 years - each October 1, 2007 through 2026. Your first interest payment is going to be included in your 2007 budget, and you'll have interest payments semi-annually on April 1st and October 1st. And probably some of the best news with this issue is that Moody's upgrade at the city's bond rating, general obligation bond rating were an A1, which is a very high credit quality rating. Moody's upgraded the city to an AA3, the next level above an A1, and I'll get into that more in just a little bit. The winning bidder did elect to use bond insurance, and that was at the bidder's option and expense. The following page gives an updated detailing of the repayment plan, the financing plan itself. And just a few of the high points I want to touch on.

First of all, the last update that I looked at, the last formal update, was using an estimate of 4.49% for the average interest rate. And you can see that the average rate here came in at - rounding up, it came into 4.09. So 40 basis points, or .4% - better than expectations. And in terms of dollars, that's a savings of $86,000 in interest expense. And there's a few things that really lead to that. First of all, one of the most significant is that we were pricing this - that is we were accepting bids on this in a decreasing interest rate environment. Over the past several weeks, we've seen interest rates drop, and that's being reflected in the municipal market. Secondly, there is a low supply of competing issues out in the market - there aren't many other AA3 general obligation issues of 20-year maturities that you're competing with right now. So that helped with the number of bids and really how tight those bids were.

And then, finally, of course, the increase in your bond rating. Those three factors are really leading to this very attractive interest rate that's available with your approval of the resolution tonight. And then the last two pages of this packet, I've attached the Moody's Report. There's no one factor that jumps out that really led directly to this upgrade, but it's really the long term management of the city's finances, and your reserves, your debt, that's led to the upgrade. It's a long term track record of consistent prudent management. And the AA3, as I said, puts the city in a lead group of ratings nationwide. Some of the high points they talk about, though, are your historically strong financials and average debt burden that's paid off rapidly, with more than 65% paid off within ten years, solid reserves, prudent financial management, budgeting flexibility. And none of this is new, these are all similar factors that were cited in the A1, but, again, it's that long term track record of consistent performance that's leading to the AA3. So, going forward, next steps, going into 2007, we'll talk to Moodys about upgrading the CDA debt. You do have a CDA issue outstanding, and I would expect them to upgrade that debt as well. They didn't do that at the same time. And then we'll also talk to them about the utility debt. And these can be done outside of bond issues. You don't need to go to the market place to have that done, but it's certainly a conversation that Mr. Buehler and I will be having with Moodys.

If anyone has questions, I can go into more detail or answer any questions”.

Motion by Ald. Smith, second by Ald. Olson, to approve Resolution 31-2006 authorizing the sale of $1,815,000 general obligation recreational facility bonds.

On roll call vote: Ald. Kim Smith - aye, Ald. Gary Gonczy - aye, Ald. Clarence Stellner - aye, Ald. Jim Olson - aye, Ald. Mike Giese - aye, Ald. Diane Oldani Wulf - aye. Motion passed.

B. Vouchers.

Motion by Ald. Smith, second by Ald. Stellner, to approve Vouchers No. 1857 through No. 2093 expended since the last Common Council meeting of August 8, 2006, in the total amount of $1,405,181.65. On voice vote, motion carried.

C. Repair Main Street columns installed in 2000 and pay for costs using 1998 funds.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee to approve the repair of the Main Street columns installed in 2000 and pay for these costs using the 1998 building funds, in an amount not to exceed $8,058.00.

On voice vote, motion carried.

D. Lease Extension Agreement - Braund Building Center.

Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Finance Committee to approve the lease extension agreement with the Braund Building Center. The agreement is one year for $3,100.00 and it does take a 60-day notice to terminate.

On voice vote, motion carried.

E. Fall Auction date/time of bikes and any other items.

Motion by Ald. Smith, second by Ald. Stellner, to approve the city fall auction to be held at City Hall in the West Side Parking Lot on Monday, September 18, 2006, at 4:30 p.m.

On voice vote, motion carried.

F. Attorney contract - 2007 and future year (s).

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee to approve and extend the attorney contract for four years as stated in Appendix A of an August 31, 2006 memo to Fred Buehler from Sean O'Flaherty.

On voice vote, motion carried.

G. Bethany Lutheran Homes Development - Mason Street Area.

1. Consideration of a PILOT Agreement.

Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Finance Committee to accept the PILOT Agreement with Bethany Lutheran.

On voice vote, motion carried.

2. Consider authorization to pursue one of the City Authorities to act as a conduit issuer of Tax Exempt Housing Revenue Bonds to Finance the project, timeline and any other options.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee to approve authorization to pursue one of the City Authorities to act as a conduit issuer of Tax Exempt Housing Revenue Bonds to Finance the project through the Community Development Authority.

On voice vote, motion carried.

3. Consideration of re-imbursement agreement relating to Tax Exempt Housing Revenue Bonds.

Ald. Smith turned this item over to City Attorney Sean O'Flaherty for a dialogue on this issue.

Attorney O'Flaherty - Bethany Lutheran has approached the city and the CDA about being the issuer for conduit bonds in order to finance the senior housing project that they have in their newly annexed property. As a requirement of being a conduit issuer at Finance & Personnel, there was discussion that the City would act as issuer at no cost to the city. In other words that the city would reimbursed for any costs that it incurs with respect to being an inssuer. One of the costs other than the direct cost of issuance, is that due to the size of the bond issue, the city will not be able to issue bank qualified bonds next year. Consequently, Bethany Lutheran has offered to make a payment to the city of the difference - the present value difference between issuing bank qualified bonds versus non bank qualified bonds. And I know there is a copy of a reimbursement agreement that is attached to the packet. There is one change to that reimbursement agreement that Bethany Lutheran requested today. And that change is just clarification of the timing of the interest rate with respect to the bank financed versus non bank financed and so we would clarify that would be the day that the interest rate for the bonds was locked. And that would be a payment that was made by - and then the other two - or the other three costs that are covered by the reimbursement agreement are the cost of bond council from Quarles & Brady, which is who is generally used by the city, any costs incurred by Fred of putting together any information, any of my charges with respect to the bond issue. And those are the only costs that are covered by the reimbursement agreement”.

Ald. Giese questioned the payment differential between bank qualified and non qualified loans.

Fred explained currently there are 10 basis points in difference between bank qualified and non bank qualified loans. This differential ranges in points which occasionally change.

Ald. Giese asked if this differential is paid by the city and the reason the city is being reimbursed.

Fred answered that being under the $10 million threshold, the city has always had bank qualified bonds in the past.

In response to questions from Ald. Gonczy, Attorney O’Flaherty indicated that this will not affect the city’s bond rating and there is no liability for the city.

For clarification, Attorney O'Flaherty said, “The security for the bond holders is the borrower, and in this case the borrower is Bethany Lutheran - it's likely that the bond holders, or the trustee for the bonds, will hold a mortgage on the property. So the recourse is directly back to Bethany Lutheran and not to the city”.

Ald. Giese questioned if the mortgage on that specific property will be covered by the value of that property.

Attorney O'Flaherty said, “I assume that there will be a mortgage to the extent that the real property is not sufficient to cover the loan by the bond holders, then Bethany Lutheran would be directly responsible for that”.

Ald. Giese asked, “And in terms of that liability towards us, where do we rank in terms of creditors”?

Attorney O'Flaherty said, “The City would be reimbursed within the first year of the project because the affect on the bank qualifications is only affecting the city during the year 2007 because only for 2007 will the city be pushed over the $10 million threshold for bank qualified versus non bank qualified”.

Ald. Giese questioned the later years into the project and the possibility with meeting the obligations on the property, if there is a mortgage in place and if that mortgage is no longer sufficient to cover the liability, if Bethany Lutheran would be liable to the city.

Attorney O'Flaherty explained, “Bethany Lutheran would become liable to the bond holders. Once the bonds are issued, they're out of the city's hands. The city is cooperating as a conduit issuer. Once the bonds are issued, the city or the CDA will not have any involvement with the bonds whatsoever. From the city's position, after the bonds are issued and after 2007, it would be no different than if Bethany Lutheran had obtained a loan from a bank who placed a first mortgage on the property”.

In response to a question from Ald. Giese, Attorney O’Flaherty noted that there will be no administrative obligations after 2007.

For clarification, Attorney O’Flaherty explained that this is a financing mechanism that allows Bethany Lutheran to achieve a lower interest rate. The advantage for Bethany Lutheran of working with the City of Onalaska with the City as the issuer is that then the bonds are tax exempt from both federal and states taxes. If Bethany Lutheran were to utilize a different authority, then they would only be exempt from state taxes.

Mayor Bialecki explained that this type of financing is not unusual, but rather, new to the City of Onalaska as this is the first time this large of a senior development project has been introduced to the city. This housing project will be under the CDA as that is what most of Community Development Authoritys do in the state. Typically, the city will receive a PILOT agreement and Bethany Lutheran will receive a lower rate of interest on their loan. Mayor Bialecki added that the assets tied to this project are substantially more than the development.

In response to a question from Ald. Gonczy, Attorney O’Flaherty answered that you do have to a nonprofit organization to qualify for the conduit bonds or to fit within the housing regulations.

Motion by Ald. Smith, second by Ald. Stellner, to approve the reimbursement agreement between the City of Onalaska, the City of Onalaska Community Development Authority, and Bethany Lutheran Corporation as revised on September 12, 2006, relating to Tax Exempt Housing Revenue Bonds.

Under discussion, Fred questioned Bethany Lutheran if they were prepared to sign this with that slight modification.

In response to a question from Bethany Lutheran representative, Attorney O'Flaherty indicated the modification was the one which was requested this afternoon.

On voice vote, motion carried.

H. Onalaska Police School Liaison Agreement 2006-2007.

Motion by Ald. Smith, second by Ald. Gonczy, upon recommendation of the Finance Committee to approve the Onalaska Police School Liaison Agreement for the year 2006 to 2007, at a cost of 50% to the city and 50% to the school.

Under discussion, Ald. Smith indicated that the school has currently accepted this agreement.

On voice vote, motion carried.

Item 7 – PERSONNEL COMMITTEE:

A. Review and Approval of Police Department Policies:

1. Citizen Complaint and Internal Investigations.

2. Rules and Regulations.

3. Ride Along Policy.

4. Firearms Regulations.

5. Tow Policy.

6. CIB/NCIC (Crime Information Bureau/National Crime Information Center) Responsibilities.

7. TIME (Transaction Information for the Management of Enforcement System) and Criminal History Checks.

8. Emergency Management NIMS (National Incident Management System) and ICS (Incident Command System) policy.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Personnel Committee to approve Items 1 through 8 under Review and Approval of Police Department Policies.

On voice vote, motion carried.

B. Authorization to hire an outside labor attorney regarding a WPPA (Wisconsin Professional Police Association) personnel matter that will be going to hearing per Section 62.13 of the Wisconsin Statutes.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Personnel Committee to approve the authorization to hire an outside labor attorney, and furthermore, to recommend hiring Tom Sleik from Hale, Hanson, and Skemp Law Firm, regarding WPPA (Wisconsin Professional Police Association) personnel matter that will be going to hearing per Section 62.13 of the Wisconsin Statutes.

On voice vote, motion carried.

C. Increase in Mayoral position salary.

Ald. Olson indicated that this item was referred without a recommendation pending discussion and input from members of council.

Ald. Olson noted that the Mayoral position has not been adjusted since it was adjusted to full time. It is Ald. Olson’s position that the Mayoral position should receive an increase due to the increased responsibilities which are necessary as a result of laws and financial responsibilities becoming more difficult.

Mayor Bialecki and Attorney O’Flaherty noted that if there are any changes made to that salary, they would not be effective until after the next mayoral election in April of 2008.

Council members concurred that there should be an adjustment but requested more information, including a printout of a breakdown of the present Mayoral salary and all applicable fringe benefits plus the policy and expense account.

Ald. Gonczy suggested researching comparable wages paid to other Mayoral positions and also City Administrators in communities of comparable size to the City of Onalaska.

Ald. Smith requested that Elsa gather that information by the next Finance Meeting and Fred to compile the existing facts.

D. Fire Chief.

1. Job Description.

Motion by Ald. Smith, second by Ald. Oldani Wulf, upon recommendation of the Personnel Committee to revise the job description for Fire Chief.

On voice vote, motion carried.

2. Re-advertise for the Fire Chief Position.

Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Personnel Committee to re-advertise with the changes to the job description for Fire Chief.

On voice vote, motion carried.

Item 8 - ADMINISTRATIVE COMMITTEE:

Item A - Approval of Operator’s Licenses

Name Location Type of Application

Katie M. Baker Kwik Trip Renewal

Ryan H. Beville Hillside Inn New/Provisional

Kathryn C. Bishofsky American Legion New/Provisional

Matthew S. Daniels Applebee's Renewal

Jennifer C. Gould Manny's New

Howard L. Horman, Sr. American Legion Renewal

Laura A. Kelly Cedar Creek Renewal/Provisional

Danielle M. Lambeck Scoreboard New/Provisional

Jessica M. Liles Applebee's Renewal

Amy M. Mader Cedar Creek New/Provisional

Ben J. Neumann Stoney Creek Inn New/Provisional

Samantha P. Pautz La Crosse Country Club New

Michael B. Solberg Olive Garden New

Meghan L. Thompson Applebee's Renewal

Motion by Ald. Gonczy, second by Ald. Stellner, upon recommendation of the Administrative Committee to approve the Operator's Licenses listed above.

On voice vote, motion carried.

B. 2007 Cemetery Budget.

Ald. Gonczy reported, “The Administrative Committee looked at the recommendations that came through, and it is the Administrative Committee's opinion that we forward on the budget as printed, so those will be going to executive review next and then on to council.

C. Amend Liquor License for the Wharf on September 23-24, 2006, for the Children's Miracle Network Celebration.

Ald. Gonczy noted that although this request was not received in time for the committee meeting, it has been approved the last two years with no complaints.

Motion by Ald. Gonczy, second by Ald. Oldani Wulf, to approve the amended liquor license for the wharf for the date of September 23 through September 24, 2006 for the Children's Miracle Network Celebration.

On voice vote, motion carried.

Item 9 - BOARD OF PUBLIC WORKS:

A. Acquisition of land from School District of Onalaska for Omni Center completion project.

Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve the acquisition of land from School District of Onalaska for Omni Center completion project at no cost to the city.

Under discussion, Mayor Bialecki noted that this did pass the school board also.

On voice vote, motion carried.

B. Cost share proposal and drafting of agreement with La Crosse County for County Road S project.

Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works, to accept the cost share proposal and drafting of agreement with La Crosse County for County Road S project at $150,000 with the stipulation that future signalization at Riders Club and S will be the responsibility of the City.

On voice vote, motion carried.

C. Authorization to accept Well #10 and future Well #11 Exploratory Drilling Quotes.

Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Board of Public Works, to accept quotes from Trout Wells, Inc. in the amount of $17,275.00 for Well #10 and future Well #11 Exploratory Drilling Quotes.

Under discussion, Jarrod indicated receiving an e-mail from the Public Service Commission wherein they would submit a construction authorization application, which will be sent in November when the final engineering report has been approved. Jarrod indicated that generally these consist of historical or archaeological findings, which should not be an issue with the previous wells.

On voice vote, motion carried.

D. Authorization to bid Well #7 and Well #8 electrical modifications project.

Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works, to authorize bids for Well #7 and Well #8 electrical modifications project with bids being presented next month.

On voice vote, motion carried.

E. Authorization to bid the purchase and installation of process piping for Well #7 and Well #8.

Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works, to authorize the bid meter and piping for Well #7 and Well #8 and then request quotes for installation of both.

Under discussion, Jarrod explained that after speaking with the consultant it was decided to bid out and package both items in one complete bid rather than receiving a quote for both of the next two items.

On voice vote, motion carried.

F. Authorization to bid the purchase and installation of auxiliary motor at Well #8.

Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works, to authorize the bid, installation of auxiliary motor at Well #8.

On voice vote, motion carried.

G. Installation of "No Engine Braking" signs on State Road 16.

Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works, that Jarrod contact the State and request the installation of "No Engine Braking" signs on State Road Highway 16.

On voice vote, motion carried.

H. 2006 Paving Contract change order.

Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of PublicWorks, to approve the 2006 Paving Contract change orders in the amounts of $9,438.00 and $2,961.00 for Mathy Construction.

For clarification, Ald. Giese noted this involves Main to Hickory on 12th and 13th Avenue, South; and Main Street at 12th and 13th Avenue.

On voice vote, motion carried.

I. Authorize repair of cracks in Wild Rose Reservoir.

Jarrod reported that after review of the reservoir tapes, there was some hairline cracking discovered in the bottom of the reservoir and you can actually see where the sediment is leaving the reservoir on the bottom. Jarrod recommended having these repairs completed as stated in the memo distributed to council members.

Motion by Ald. Giese, second by Ald. Gonczy, to authorize the repair of cracks in the Wild Rose Reservoir as outlined in Jarrod's memo in the amount of $6,770.00.

On voice vote, motion carried.

Item 10 - PLAN COMMISSION:

A. Regarding a Rezoning request filed by Intrust Development LLC and Dave and Patti Olson, 1860 Wood Run Place, Onalaska to rezone the properties of Phase II - Savannah Oaks from Interim R-1 to Permanent R-1, Single-Family Residential (Parcel #10-1314-0).

1. Rezoning Fee of $150.00.

2. Applicable maximum setbacks shall be per building siting plan. Minimum setbacks shall be per zoning code.

3. Fences shall be restricted to within 100 fee of principal structure.

4. Access shall be per approved driveway plan.

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. Gonczy, upon recommendation of the Planning Commission to approve with eight conditions the rezoning request filed by Intrust Development LLC and Dave and Patti Olson, 1860 Wood Run Place, Onalaska to rezone the properties of Phase II - Savannah Oaks from Interim R-1 to Permanent R-1, Single-Family Residential.

Fred questioned the high service zone fee for water and pursuant to the certified survey map whether this fee is charged based on the acreage or if it is charged based on the actual impact and usage.

Jason noted that in this particular case of 12 acres with a single house on it, the question arose if they should be charged for the 12 acres or just one acre of one house.

Jason suggested, “In my estimation, I think we have to use the proportionate fair share because we only have one impact, one house. Therefore, we charge one acre which is consistent with what we've done with the storm sewer fee. Even though it's not articulated that way in the ordinance, I think the only thing it says is that we charge a minimum of one acre. That's the way it's been employed historically, at least for the storm sewer fee. To charge them 12 acres for one house, I think would be disproportionate to the actual usage that they're getting”.

On voice vote, motion carried.

Ald. Gonczy raised concerns over Item A in the assessment of water. Ald. Gonczy questioned if a stipulation could be added for future changes wherein if more houses may be added and usage of water is being increased.

Jason suggested the condition read that the high pressure fee of $1733 an acre X one acre for one house and in that way it would be clear that they are being charged for one house and if additional dwelling units were added, the city would charge additional acreage.

Motion by Ald. Gonczy, second by Ald. Oldani Wulf, to add a condition to read: Green Coulee High Pressure Zone Fee of $1,733.00 an acre x 1 acre for one dwelling unit.

On voice vote, motion carried.

B. Regarding a Rezoning request filed by Andy Lefebre, Rivers Harvest Church, 1001 Quincy Street, Onalaska, to rezone the property located at 1001 Quincy Street from R-2-3 Single-Family and Duplex Residential to P-1 Public/Semi-Public for a church (18-697-0).

1. Rezoning Fee of $150.00.

2. The transferability of the Conditional Use Permit shall be per Plan Commission approval.

3. Signage shall be submitted for Plan Commission consideration.

4. Garage height shall be determined by Plan Commission. Accessory structure shall be compatible architecturally with proposed structure. Accessory structure shall not exceed height of principal structure.

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

Motion by Ald. Giese, second by Ald. Oldani Wulf, upon recommendation from the Planning Commission to approve with eight conditions the rezoning request filed by Andy Lefebre, Rivers Harvest Church, 1001 Quincy Street, Onalaska, to rezone the property located at 1001 Quincy Street from R-2-3 Single-Family and Duplex Residential to P-1 Public/Semi-Public for a church.

On voice vote, motion carried.

C. Regarding a Rezoning request filed by Judy Rockwood for Tom Krajewski, N5071 Green Coulee Lane, Onalaska, who is requesting rezoning from R-1 Single-Family to B-2 Neighborhood Business for the purpose of expanding Rockwood Garden Nursery located at the east portion of 2218 Germann Court, Onalaska (Parcel # 18-3570-53).

1. Rezoning Fee of $150.00.

2. Owner shall submit detailed plan of proposed subdivision/rezoning area for review and approval by City.

3. Owner shall be aware of required setbacks including a 50’ interstate setback requirement (30’ green area).

4. Owner shall be aware of existing drainage system which shall remain.

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

9. Rezoning contingent upon sale and transfer of land to Rockwood Gardens – no access shall be permitted to rezoned lot from Germann Ct.

Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Planning Commission, to approve with nine conditions, the rezoning request filed by Judy Rockwood for Tom Krajewski, N5071 Green Coulee Lane, Onalaska, to approve rezoning from R-1 Single-Family to B-1 for the purpose of expanding Rockwood Garden Nursery located at the east portion of 2218 Germann Court, Onalaska.

In response to a question from Ald. Oldani Wulf, Jason noted that there was a preference by the neighbors that the city look at establishing a conditional use permit on top of the B-1, but the B-1 was more desirable than B-2, which would allow 33 more uses.

Mayor Bialecki said, “There was made reference at Planning Commission to abutting property in the Town of Onalaska as being commercial - that's true, but it's with conditions that town does have that restricted to landscaping, flower shop, the same use that's being used right now for Rockwood Gardens”.

Ald. Oldani Wulf questioned if the concerned group of citizens have ever been in contact with the Town of Medary representatives.

Jason replied, “I think they have had a dialogue, and, in fact, Terry Hoolihan was here at the first meeting and even before that, Shirley Holmen, when she was representing people at the town, she would come to the meetings as well. So they've worked through their officials as well”.

On voice vote, motion carried, 4 yes, 2 no.

D. Annexation Petition filed by Mark and Lori Anderson, N4972 Green Coulee Road, Onalaska for the purpose of annexing the property at N4972 Green Coulee Road containing 1/2 acre (Parcel # 10-1330-0).

1. Park Fee of $1,156.00 per unit.

2. Storm Sewer Fee of $3,249.00 x ½ acre x ½ fee = $812.25.

3. Green Coulee High Pressure Zone Fee of $1,733.00.

4. Green Coulee Sanitary Sewer Fee of $263.00 per acre x ½ = $131.50.

5. Owner shall consult with Engineering Dept. regarding feasibility and location of utility access for existing home.

6. 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.

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

8. 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.

9. 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.

10. Owner shall be aware of future potential right of way expansion requiring 60 feet full width.

Motion by Ald. Giese, second by Ald. Stellner, upon recommendation to approve with ten conditions the annexation petition filed by Mark and Lori Anderson, N4972 Green Coulee Road, Onalaska for the purpose of annexing the property at N4972 Green Coulee Road containing 1/2 acre.

On voice vote, motion carried.

E. American Planning Association Audio Web Conference Opportunities.

Jason explained that this is a list of Planning Commissioner Live Audio Training which is available for the Planning Commissioners to utilize. There is some funding available for this in the seminar budget and Jason recommended the Commissioners review the topics and decide at the September meeting if they have a preference for attending any one of these.

F. Regarding a Preliminary Plat request filed by Elmwood Partners Limited Partnership, 2700 National Drive, Onalaska, for 49.27 acres and 14 parcels including an extension of Marcou Road (Parcel #'s 9-35-0, 9-35-0, 9-38-0, 9-41-0, 18-3566-401 and 18-4479-0).

1. Preliminary Plat Fee of $40.00 = $10.00 per lot x 14 = $180.00.

2. Storm sewer fees waived due to original installation around golf course.

3. Park land dedication shall be waived, as it will be credited to the Meier Farm land dedication, which accounted for 74 units of which 52 have been previously assigned to the Country Club. This credit of 14 units will leave a remaining credit of 8 units.

4. Elmwood Partners will reserve for itself an easement 30 feet in width along the north line of Lot 93 of the proposed plat and the east line of Lots 93, 94 and 95 extending southerly to the northwest corner of Lot 69 of 2^nd Addition to Country Club Estates. Elmwood Partners will negotiate in good faith the assignment of that easement to the City of Onalaska for use as part of a larger trail system envisioned by the Onalaska Central Greenway Conceptual Master Plan. The assignment will be conditioned upon the following:

a. Just compensation to Elmwood Partners.

b. Development by the City of a specific plan for a trail system, including location, funding, construction, signage, maintenance and security.

c. Limitation of the trail to non-motorized travel.

d. Involvement of residents of the La Crosse Country Club area in the planning process.

e. Acquisition by the City from property owners other than Elmwood Partners of easements or trail corridors sufficient to connect to at least 1 addition public access point on Stonebridge Ave (in Green Coulee) or French Rd.

f. Completion of the above by December 31, 2011. If not completed by that date Elmwood Partners may terminate the easement.

g. Elmwood Partners shall hold such easement as a conservation easement in perpetuity.

5. Owner shall provide a building envelope master plan with minimum/maximum setbacks, enforceable by this subdivision approval.

6. Owner shall provide City with a water utility easement along north edge of plat per water system master plan.

7. Homes shall not be sited on ridgelines.

8. Cul de sac radius shall meet City requirements.

9. 10-foot snow removal easement required on cul de sac.

10. Owner shall provide the City with an enforceable tree protection plan for bluff areas.

11. Fences shall be limited to 100 feet from principal structure to allow for wildlife movement and aesthetic protection of bluffs.

12. Street name shall be Marcou Road.

13. 10-foot utility easement required along right of way lines.

14. Owner shall provide a written schedule for improvements and phase’s costs.

15. Sidewalk waived.

16. Owner shall submit copy of applicable restrictive covenants.

17. Street lights required – coordinate with City Engineer.

18. 2 – 2 ½” caliper trees required per lot.

19. Developer shall make utility plans available to prospective buyers.

20. Utility plans shall be submitted to City Engineer for approval by Utility Committee.

21. Inspector required on all utility work, paid for by developer, furnished by City.

22. Owner shall include an erosion control master plan for all proposed disturbed areas for review and approval by City.

23. As built plans must be submitted prior to release of final plat by City.

24. Slope disturbance subject to County/DNR approval.

25. NR216 storm water permit required.

26. 1500 gpm – all hydrants.

27. Utility laterals must extend beyond 10-foot utility easement.

28. Intermediate lot stakes required on all lots over 150 feet in depth.

29. Owner shall submit a master signage plan for review and approval by City Engineer. Owner shall provide City with $75.00 per sign as approved.

30. 5-year guarantee required on all improvements – to be submitted by owner to City in a letter of credit equal to 25% of the total cost of improvements for 3-years and an additional $100.00 per manhole and catch basin for 2-years.

31. 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.

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

33. 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.

34. 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.