The Meeting of the Common Council was called to order at 7:00 p.m. on
Tuesday, May 8, 2007. 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.
Robert Muth, Ald. Tim Miller, Ald. Jim Olson, Ald. Kim Smith, and Ald. Clarence
Stellner.
Also Present: City Clerk Cari
Burmaster, Finance Director Fred Buehler, City Engineer Jarrod Holter, Land Use
& Development Director Jason Gilman, Human Resource Specialist Elsa Kulig,
and Fire Chief Don Dominick.
Item 2 - Pledge of Allegiance
The Pledge of Allegiance was declared.
Item 3 - Approval of minutes from previous meeting.
Motion by Ald. Olson, second by Ald. Giese, 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 over to anyone wishing to address the
council.
Phil Thaldorf
“I’m here to represent myself regarding a little dilemma we have on a
water bill down at the old Hardee’s property.
And I guess it comes under 9A, the Board of Public Works, and Jarrod is
very familiar with the situation. And
I’m here to answer any questions you may have.
Mayor Bialecki suggested that this item be addressed after addressing
Items 4 and 5 on the agenda.
Mayor Bialecki called three times for anyone wishing to address the
council and declared the public hearing as being closed.
Item 5 - REPORT FROM THE MAYOR.
A. Proclamation for Arbor Day – May 18, 2007
PROCLAMATION
ARBOR DAY
May 18, 2007
Whereas, In 1872, J. Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside for the planting
of trees, and
Whereas, This holiday, called Arbor Day, was first
observed with the planting of more than a million trees in Nebraska, and Arbor
Day is now observed throughout the nation and the world, and
Whereas, Trees reduce the erosion of our precious topsoil
by wind and water, cut heating and cooling costs, moderate the temperature,
clean the air, produce oxygen, and provide habitat for wildlife, and
Whereas, Trees in our city increase property values,
enhance the economic vitality of business areas, and beautify our community,
and
Whereas, The City of
Now, Therefore, I, James S. Bialecki, Mayor of the City of
Further, I urge all citizens to celebrate Arbor Day and to
support efforts to protect our trees and woodlands;
Further, I urge all citizens to plant trees on their
property, as the City of Onalaska will be planting over 130 trees throughout
the City on boulevards and in parks this year, and
Further, I encourage the students and young people of
Onalaska to get involved in planting trees, and therefore, the City, in
conjunction with the
_________________________________
James
S. Bialecki, Mayor
City
of
Seal:
Attest:
_________________________________
Caroline
Burmaster, City Clerk
B. Appointment to Board of Zoning Appeals – Robert
Mullally,
Motion by Ald. Smith, second by Ald. Stellner, to appoint Robert
Mullally,
Mayor Bialecki noted that Bob has recently moved into the city limits of
Onalaska. For many years, he was a
resident of the Town of
On voice vote, motion carried.
RECOMMENDATIONS FOR APPROVAL
AND/OR POSSIBLE ACTION FROM THE FOLLOWING COMMITTEES/COMMISSIONS/BOARDS:
Item 6 – FINANCE & PERSONNEL
COMMITTEE:
FINANCE
A. Vouchers.
Motion by Ald. Olson, second by Ald. Smith, to approve Vouchers No. 873
through No. 1114, expended since the last Common Council meeting of April 10,
2007, in the amount of $1,461,249.06.
On voice vote, motion carried.
B. Authorization to use if necessary restricted
funds in the Street Department reserve to repair the 1996 Case End Loader.
Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the
Finance Committee to approve authorization to use (if necessary) restricted funds
in the Street Department reserve to repair the 1996 Case End Loader in an
amount not to exceed $13,986.14.
On voice vote, motion carried.
C. Authorization to pursue a FEMA/FIRE ACT grant
relating to fire fighter health and wellness and a rescue boat with a
pro-ration 95/5.
Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the
Finance Committee to approve authorization to pursue a FEMA/FIRE ACT grant
relating to fire fighter health and wellness and a rescue boat with a
pro-ration of 95/5.
On voice vote, motion carried.
D.
Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the
Finance Committee to authorize sale of city property, specifically, one 1987
Chevrolet van used in the Fire Department.
On voice vote, motion carried.
E. Funding request for air pack face pieces by
using/substituting in the equipment replacement budget and utilizing funds from
the sale of the 1987 van not to exceed $4,200.
Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the
Finance Committee to approve funding request for air pack face pieces by
using/substituting in the equipment replacement budget and utilizing funds from
the sale of the 1987 van not to exceed $4,200.
On voice vote, motion carried.
F. Resolution
25-2007 – Authorization
to borrow up to $115,000 Trust Funds from the State of Wisconsin – Board of
Commissioners of Public Lands.
Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance
Committee to approve authorization to borrow up to $115,000 Trust Funds from
the State of
On roll call vote: Ald. Mike Giese
– aye, Ald. Robert Muth – aye, Ald. Tim Miller – aye, Ald. Jim Olson – aye,
Ald. Kim Smith – aye, Ald. Clarence Stellner – aye. Resolution passes.
Item 7 – PERSONNEL
Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the
Personnel Committee to approve the job description of Investigator – Police
Department with an addendum that the Police and Fire Commission will review upon
approval by the Common Council.
In response to a question from Mayor Bialecki, Ald. Olson noted that
rather than delay this item, the Police & Fire Commission have requested
the Council approve this pending approval by the commission.
Ald. Giese asked who drafted the job description.
Human Resource Specialist Elsa Kulig said that Police and Fire Commission
Chair Mary Anderson had drafted the changes and Police Chief Randy Williams had
reviewed it.
On voice vote, motion carried.
Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the
Personnel Committee to approve the job description of Municipal Court
Supervisor.
On voice vote, motion carried.
Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the
Personnel Committee to approve the job description of the Municipal Court
Supervisor. On voice vote, motion
carried.
Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the
Personnel Committee to approve the authorization to pay budgeted wage at
$8.50/hour. On voice vote, motion
carried with a vote of 5 – yes, 1 - abstention.
Cari Burmaster requested an effective date of the wage for payroll
purposes.
Mayor Bialecki questioned how long the Assistant Municipal Court Clerk
has been employed.
Elsa indicated that she will be employed for one year on July 24, 2007.
Mayor Bialecki suggested that for payroll purposes to follow through with
the budget process as originally proposed, this should be retro-active to
January 1, 2007.
Ald. Smith agreed that per their recommendation, it was their intention
to be retro-active to January 1.
Item 9 - ADMINISTRATIVE
COMMITTEE:
A - Approval of Operator’s Licenses.
Name Location Type of
Application
Zachary P. Bader Kwik
Trip New/Provisional
Randy C. Frauenkron Kwik
Trip New/Provisional
Jason R. Gehring Kwik
Trip New/Provisional
Diana G. Jacobson Scoreboard New/Provisional
Heather A. Jehu Scoreboard New/Provisional
Nathan T. Konsitzke Manny’s New
Michelle G. Maringer Scoreboard New/Provisional
Stephanie M. Peterson Burrachos New
Pamela M. Pfaff Kwik
Trip New/Provisional
Kori L. Slater Coulee
Golf New/Provisional
Nicholas R. Slusser The
Wharf New/Provisional
Motion by Ald. Stellner, second by Ald. Giese, upon recommendation of the
Administrative Committee to approve the Operator’s Licenses dated April 26,
2007. On voice vote, motion carried.
B.
Motion by Ald. Stellner, second by Ald. Giese, upon recommendation of the
Administrative Committee to table indefinitely the proposal to transfer the
On voice vote, motion carried.
C. Class”B” Picnic License for Onalaska Festivals
for Sunfish Days, May 24 – May 27, 2007.
Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of
the Administrative Committee to approve Class “B” Picnic License for Onalaska
Festivals for Sunfish Days, May 24 – May 27, 2007.
On voice vote, motion carried.
D. Parade Permit for Onalaska festivals for Sunfish
Days, Saturday, May 26, 2007, 12 noon – 2 p.m.
Motion by Ald. Stellner, second by Ald. Olson, upon recommendation of the
Administrative Committee to approve the parade permit for Onalaska Festivals
for Sunfish Days, Saturday, May 26, 2007, 12 noon to 2 p.m.
On voice vote, motion carried.
E. Carnival Permit for A and P
Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the
Administrative Committee to approve the Carnival permit for A and P Enterprise
Shows for Sunfish Days, May 24 to May 27, 2007.
On voice vote, motion carried.
F. Request by Peter Servais to have cremains for
himself and spouse buried with son, Adam in Block 156,
Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the
Administrative Committee to approve the request by Peter Servais to have
cremains for himself and spouse buried with son, Adam in Block 156,
On voice vote, motion carried.
G. Amend Class “B” liquor license for Blue Moon to
include outdoor area for May 19 and May 20, from 11:00 a.m. to 8:00 p.m. each
day for Airfest viewing.
Ald. Stellner indicated this item did not come before the Administrative
Committee in time for a recommendation.
Motion by Ald. Stellner, second by Ald. Olson, to approve to amend the
Class “B” liquor license for Blue Moon to include outdoor area for May 19 and
May 20, from 11:00 a.m. to 8:00 p.m. each day for Airfest viewing.
Under discussion, Ald. Muth questioned if there will be someone available
to check ID’s and to insure there are no open containers of alcohol being taken
across the street to the wayside to watch the air show.
Barry Nimtz indicated that based on what Police Chief Randy Williams
distributed, there are ordinances that need to be met such as putting up a
fence, and there will be someone at the gate going in and out.
On voice vote, motion carried.
Item 9 - BOARD OF PUBLIC WORKS:
Mayor Bialecki explained this is a request to have an adjustment for the water
and sanitary sewer bill for the party’s property. The building has been closed for some time
and the owner has requested that the bill be adjusted. This issue was discussed at the Board of
Public Works meeting wherein Jarrod said that the Utility Department had
checked this property for leaks by injecting a dye and watching the flow. Mayor Bialecki indicated this could indicate
a serious condition.
Mayor Bialecki asked, “Jarrod, I believe you have
some numbers on those flows that could have been equivalent to the amount of
the bill that was charged?”
Jarrod explained that he had distributed a memo
today that highlighted several items, including the PSC Dispute
Procedures. There are AWWA Standards in
regard to leakage.
In terms of the Utility Department’s findings,
Jarrod indicated the amount of flows for the toilets with the amount that was
used in the Board of Public Works packet is a little over a gallon a minutes
over the three months since the last reading.
When staff was on site, they did find three toilets and one urinal
leaking. They read the meter, dye tested
it, and returned 10 days later to find no more problems with leaking.
In response to a question from Ald. Stellner,
Phil Thaldorf indicated that he has not had problems with his fire system at
this building.
Ald. Stellner asked, “Okay, because I know in the
past, you did have some problems with the fire system pouring water out of the
side of the building. Do you recall that? This is prior to you closing it up. You are not aware of that, then?”
Phil answered, “There was no obvious
leakage. They examined the entire
building. Last fall I put over $700 into
it in repair and replaced fixtures and to bring the plumbing up to date. It’s kind of a dilemma here because what
we’re going on is the basis of meter reading, and I can’t dispute that, but on
the other hand, there has been no leakage found. The leakage they thought was causing the
problems with the urinals too, we checked it after ten days and basically –“
Ald. Stellner questioned, “You corrected that
situation, though?”
Phil replied, “We checked that out and it was
basically leakage.”
Ald. Stellner said, “I think we have a situation here,
where the Public Service Commission is dictating to us at this point. And I think the recommendation of our
Director of Public Works has made a recommendation to us to abide by that
public service reading.”
In response to a question, Jarrod indicated that in
using the policy that was adopted in September 2004, the bill would be adjusted
to $152.59 if you use the unknown water bill amount.
Motion by Ald. Stellner, second by Ald. Muth, as
per required by the Public Service Commission, to reduce the water and sanitary
sewer bill for
Under discussion, Ald. Giese questioned if this
is the policy that would apply to similar conditions in the past or in the
future.
Jarrod explained that is similar to an issue
occurring in 2004, and after discussions with the Public Service Commission,
this is the policy that was adopted.
Finance Director Fred Buehler corresponded with the PSC to result in
this policy being passed.
In summary of the policy, Jarrod explained the
basics including charging for the water used at $.47 per 100 cubic feet used
and the flat water and flat sewer fee.
For clarification, Fred explained that after action
by the council tonight, a corrected bill will be made out. The advance payment of $47.00 will be
deducted with the balance due within a 20 day period to avoid a 3% late fee
being charged.
On voice vote, motion carried.
Ald. Stellner explained this is in the Deer Creek
Condominium area.
Motion by Ald. Stellner, second by Ald. Miller,
upon recommendation of the Board of Public Works to set up a public hearing on
the proposed “No Parking” on French Road for the next Board of Public Works
meeting which will be held the first Tuesday of June.
On voice vote, motion carried.
Ald. Stellner said that Jarrod explained that the
State Municipal Agreement is for the design service for the section of
Motion by Ald. Stellner, second by Ald. Muth,
upon recommendation of the Board of Public Works to approve the County Highway
S State Municipal Agreements with the Wisconsin Department of Transportation
for plan development and state review.
On voice vote, motion carried.
Ald. Stellner reported that because of the fact
that the pipes are in the wrong position, it will be necessary to cut into the
black top. They will be opening the bike
lane and the parking lane only and not the main traffic lane.
Motion by Ald. Stellner, second by Ald. Miller,
upon recommendation of the Board of Public Works to approve the street opening
for
On voice vote, motion carried.
Item 10 - PLAN COMMISSION:
Motion by Ald. Giese, second by Ald. Stellner, upon recommendation of the
Plan Commission to approve the redraft of the city’s zoning and subdivision
code and adoption of a new Unified Development Code (UDC).
On voice vote, motion carried.
B and C. Regarding a Conditional
Use Permit application filed by HF Eagle Properties, LLC, 250 Kevin Court,
Onalaska, for the purpose of developing a 9 to 10 unit condominium business
project at Lot 3 and 4 of the Eagle Business Park on Mason Street, Onalaska
(Parcel #18-5903-0 and 18-5904-0).
Motion by Ald. Giese, second by Ald. Muth, upon recommendation of the
Plan Commission to approve with 15 conditions to include the modification to
exempt warehousing the conditional use permit application filed by HF Eagle
Properties, LLC, 250 Kevin Court, Onalaska, for the purpose of developing a 9
to 10 unit condominium business project at Lot 3 and 4 of the Eagle Business
Park on Mason Street, Onalaska.
On voice vote, motion carried.
Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the
Plan Commission to approve with 8 conditions, the conditional use permit
application filed by James Wilde, 2826 Morning Glory Place, Onalaska, for an
auto vacuuming facility located at 211 2nd Avenue South, Onalaska.
On voice vote, motion carried.
Motion by Ald. Giese, second by Ald. Stellner, upon recommendation of the
Plan Commission to approve with 12 conditions the annexation petition filed by
Northern Development Group, LLC, 8050 North Port Washington Road, Milwaukee, WI
53217, for the Lake Onalaska Mobile Home Park.
On voice vote, motion carried.
Ald. Giese turned the item over to Jason Gilman.
Jason reported that the Plan Commissioners will be receiving a quarterly
newsletter from the American Planning Association.
Ald. Giese turned the item over to Jason.
Jason indicated this is an update in terms of where the Long Range
Planning Committee is in respect to the Waterfront Master Plan. Jason reported that they interviewed six
different firms:
Jason indicated these six firms were then short-listed to four and
interviews took place this last week.
Ald. Giese indicated this item was approved last week at the Special
Common Council meeting.
Item 11 - JUDICIARY COMMITTEE:
A. Ordinance No. 1305-2007 – to annex lands located in the Northeast ¼
of the Southeast ¼ in Section 2, Township 16 North, Range 7 West and the
Northwest ¼ of the Northwest ¼ , the Northeast ¼ of the Northwest 1/4, the
Southeast ¼ of the Northwest ¼ and the northwest 1/4 of the Southeast ¼, all in Section 1,
Township 16 North, Range 7 West from the Town of Medary to the City of Onalaska
(First and Second Reading).
Motion by Ald. Muth, second by Ald. Stellner, upon recommendation of the
Judiciary Committee to give Ordinance
No. 1305-2007 its first and second reading.
On voice vote, motion carried.
B. Ordinance No. 1306-2007 – to rezone property located in Section 4,
Township 16, Range 7 West in the City of Onalaska, LaCrosse County, Wisconsin
from R-1-60 Single Family Residential District to R-4 Multi-Family Residential
(First and Second Reading).
Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the
Judiciary Committee to give Ordinance
No. 1306-2007 its first and second reading.
On voice vote, motion carried.
C. Ordinance No. 1307-2007 - to amend Section 11-4-4 of the Code of
Ordinances of the City of
Motion by Ald. Muth, second by Ald. Olson, upon recommendation of the
Judiciary Committee to give Ordinance
No. 1307-2007 its first and second reading.
On voice vote, motion carried.
Item 12 -
Jason summarized the above items as follows: This is the city’s evaluation of all of the
waterfront proposals and then the interviews that proceeded after the short
list of four firms out of the six that were mentioned above. After long deliberation the same night of the
interviews, there was a recommendation made to enter into contract negotiations
with Schreiber Anderson Associates.
Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the
Long Range Planning Committee to begin contract negotiations with Schreiber
Anderson Associates for the Waterfront Project.
On voice vote, motion carried.
Item 13 - UTILITIES COMMITTEE /
MASS TRANSIT:
UTILITIES
No report.
MASS TRANSIT
Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the
Mass Transit Committee to accept the financials for March 2007.
On voice vote, motion carried.
Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the
Mass Transit Committee to set the public hearing date/time for
Program-of-Projects for 2007 for June 6, 2007 at 7:00 p.m.
On voice vote, motion carried.
Item 14 - PARKS & RECREATION
BOARD:
A. Authorize Onalaska Festivals use of Van Riper
Park for Sunfish Days, May 24th – 27th, 2007 with the
following exceptions to the following ordinances.
1. 12-1-1-b (2) Sound Devices and Amplified
Music.
2. 12-1-1-b (3) Bill Posting.
Motion by Ald. Miller,
second by Ald. Stellner, upon recommendation of the Parks & Recreation
Board to accept and authorize Onalaska Festivals use of Van Riper Park for
Sunfish Days, May 24th – 27th, 2007 with the above
exceptions to the ordinances as printed.
On voice vote, motion
carried.
B.
Allow UWL
(
Motion by Ald. Miller,
second by Ald. Olson, upon recommendation of the Parks & Recreation Board
to allow UWL (
On voice vote, motion
carried.
C.
Request
to use the Waterfront for some programming (Log Rolling) for training purposes.
Motion by Ald. Miller,
second by Ald. Muth, upon recommendation of the Parks & Recreation Board to
approve the request to use the Waterfront for some programming (Log Rolling)
for training purposes.
Under discussion, Ald.
Stellner indicated his concerns with this area being used for log rolling
because of the current in the water in that area with water coming from the
spillway at a rapid rate.
Ald. Miller indicated
this was discussed at the Parks & Recreation meeting and through
discussions it was discovered that the waterfront is a safer place for them to
train than the YMCA, which is where they are currently training. This is due to the depth of the water and the
lack of any obstructions. The current
was not an issue.
Ald. Stellner questioned
if anyone from the Parks & Recreation Department has been in the water in
that area.
Park Director Dan Wick explained
that none of the Park Department staff has been in it, but they have witnessed
children walking through because it is shallow to the islands. Dan said that the current has not been an
issue because the group requesting use of the waterfront is very familiar with
the area. This agenda item is something
that the Park Board has been working with the City Attorney on.
For the record, Fred indicated
that this is not a Park and Recreation Program, but this is an outside
organization in terms of a liability standpoint – what that organization needs
to have for the city.
City Attorney Sean
O’Flaherty said, “It’s my understanding that there were two issues that were
brought forward with respect to this program and the first was a request that
the organization’s members be able to use for training purposes and the second
is that the organization be able to use it for teaching people who were not
members of the association. And with
respect to the first issue, which is training by the members of the Log Rolling
Association, there is a waiver that’s been prepared and Dan Wick has that in
which the individual participants waive any liability with respect to the
city. If they were going to be training
non members or third parties, then the city would require that there be
insurance provided and the log rolling association would not provide that. So it’s my understanding that is off the
table.”
In response to a question from Ald. M