The Meeting of the Common Council was called to order at 7:00 p.m. on Tuesday, May 10, 2005. It was noted that the meeting had been announced and a notice posted at City Hall. Roll call was taken, with the following members present: Mayor Jim Bialecki, Ald. Mike Giese, Ald. Diane Oldani Wulf, Ald. Gary Gonczy, Ald. Jim Olson, Ald. Kim Smith and Ald. Bill Leathen. Also present were City Clerk Cari Burmaster, Land Use & Development Director Jason Gilman, Financial Services Director Fred Buehler, and City Engineer Ron Lund. Mayor Bialecki noted that Line 130 should read "Resolution 24-2005". Motion by Ald. Gonczy, second by Bill Leathen, to approve the minutes from the previous meeting as amended, printed and on file in the City Clerk's Office. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Wulf, to refer the draft of the ordinance to create a section of the City of Onalaska Code of Ordinances to establish a minimum wage in the City of Onalaska. Ald. Wulf requested a roll call vote. On roll call: Ald. Gonczy – no; Ald. Olson – no; Ald. Smith – aye; Ald. Leathen – aye; Ald. Wulf – aye; Ald. Giese – aye. Motion carried four to two. Motion by Ald. Gonczy, second by Ald. Smith, to accept the Mayor's recommendation to appoint Angela Beckles, 669 Rolling Oaks Drive, to the Onalaska Parks & Recreation Board. On voice vote, motion carried five to zero with Ald. Wulf being absent at the time of the vote. Motion by Ald. Gonczy, second by Ald. Giese, to approve Resolution 25-2005 to create an intermunicipal agreement steering committee between the City of Onalaska and the Town of Onalaska. On roll call vote: Ald. Smith – aye; Ald. Gonczy – aye; Ald. Leathen – aye; Ald. Olson – aye; Ald. Giese – aye; Ald. Wulf – abstains. Motion passes five to zero with one abstention. Motion by Ald. Gonczy, second by Ald. Giese, to accept the Mayor's recommendation to appoint Land Use & Development Director Jason Gilman and Long-range Planning Committee member Gary Lass, to the Intergovernmental Agreement Project. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, to approve Voucher No. 914 through No. 1170, expended since the last Common Council meeting of April 12, 2005 in the amount of $1,296,587.40. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Leathen, to execute a Memorandum of Understanding regarding the Wisconsin Justice Information Sharing grant. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Leathen, to execute a Memorandum of Understanding with La Crosse Technology for a Technology Grant – Traffic and Criminal Software (TraCS). On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Giese, to approve the purchase and installation of a bicycle rack for City Hall, in an amount not to exceed $296. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, to authorize the City Attorney to proceed with the trademarking of the City logo in an amount not to exceed $1,000. On voice vote, motion carried five to one with Ald. Giese voting no. Motion by Ald. Smith, second by Ald. Giese, to approve the sale of the City Park Vehicle, more particularly a 1990 Chevy 4X4 pickup. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Wulf, to proceed with the sale of City property at auction on Monday, May 23, 2005 at 4:00 p.m. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, to approve the out-of-state travel request for Police Chief Randy Williams to attend the International Chiefs of Police conference in Miami, Florida on September 24 through September 28, 2005, at a cost not to exceed $1,405. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, to approve the job description for City Clerk. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Leathen, to adjust the wage for City Clerk Cari Burmaster to $39,199.91. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Leathen, to authorize the posting and advertising for the position of Assistant Municipal Court Clerk. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Gonczy, to deny the request from Local 150 to draft a Letter of Understanding regarding the Working Foreman Wage, based upon legal opinion from the City Attorney. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Wulf, to authorize the request from Lois Marsh Schindler to have a pig roast at the Community Center for a wedding reception on May 14, 2005. On voice vote, motion carried five to zero with Ald. Olson being absent for the vote. Motion by Ald. Gonczy, second by Ald. Wulf, to approve the Operators Licenses per the memo dated April 28, 2005. On voice vote, motion carried five to zero. Motion by Ald. Gonczy, second by Ald. Leathen, to approve the revised boundary for the Onalaska Veterans' Memorial, as delineated on Exhibit A by a solid red line, with the clear understanding that there shall be no further sale of benches, whose installation would cause the Motion by Ald. Giese, second by Ald. Leathen, to amend the original motion, to delete from the site the portion to the south of the Memorial, which on Exhibit A lies between the solid red and dashed green lines that run east-west. On voice vote, motion carried to amend. There being no further discussion, Mayor Bialecki called for the vote on the motion as amended. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Wulf, to approved the revised agreement between the City of Onalaska and American Legion Post 336. Motion by Ald. Gonczy, to amend the original motion add language to the agreement to state that any benches that may be sold in the future must have City staff approval before installation. Motion by Ald. Giese, second by Ald. Gonczy, to amend the original motion to include a clause to create an obligation to the American Legion to make a payment to the City of Onalaska of $800 annually, to be used to offset the costs incurred by the City for the maintenance of the Veterans Memorial, and that an accounting of the Perpetual Care Fund that has been established by the American Legion be reported to the City of Onalaska on an annual basis, and a payment of 1.5% of the balance of that Fund be paid if the payment of the interest fee would be more than $800 per year. On voice vote, motion carried to amend. Motion by Ald. Gonczy, second by Ald. Smith, to amend the original motion to state that the amended Agreement shall be drafted, forwarded to the American Legion, signed by the Mayor, and that the American Legion shall have 30 days to return the Agreement with appropriate signatures. On voice vote, motion carried to amend. There being no further discussion, Mayor Bialecki called for the vote on the motion as amended. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Leathen to approve the Parade Permit for the American Legion for the Memorial Day Parade to be held on Monday, May 30, 2005 at 9:30 a.m. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Leathen, to approve the Class "B" Picnic License for Onalaska Festivals for Sunfish Days to be held from May 26 to May 29, 2005. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Leathen, to approve the Parade Permit for Onalaska Festivals for the Sunfish Days Parade to be held on Saturday, May 29, 2005 at 12 noon. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Leathen, to approve the Carnival Permit for A&P Enterprise Shows for Sunfish Days to be held from May 26 to May 29, 2005. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Wulf, to approve the Fireworks Permit for Cornellier Fireworks Company for the period of June 23, 2005 to July 5, 2005 at the locations of the Festival Foods parking lot and the East Towne Plaza parking lot. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Smith, to approve the revised designed to Second Avenue Southwest, as described in the memo dated May 5, 2005 from Public Works Director Ron Lund, in reference to the Second Avenue Southwest design at Highway 35. On voice vote, motion carried. Motion by Ald. Leathen, second by Ald. Gonczy, to authorize the purchase of a Case Model 580 SM Series II backhoe tractor from St. Louis Equipment with the optional strobe system, in the amount not to exceed $59,846. On voice vote, motion carried. Motion by Ald. Leathen, second by Ald. Gonczy, accept the bid by Horizon Equipment for a mower, blower, broom, in the amount of $21,840. On voice vote, motion carried. Motion by Ald. Leathen, second by Ald. Gonczy, to proceed with the 2005 Chip Seal Program with La Crosse County. On voice vote, motion carried. Motion by Ald. Leathen, second by Ald. Gonczy, to authorize the Engineering Department to bid out the 2005 Sidewalk Project at an anticipated cost of approximately $60,000. On voice vote, motion carried. Motion by Ald. Leathen, second by Ald. Gonczy, to authorize the Engineering Department to request proposals for appraisals and right-of-way acquisition relating to the Oak Forest Drive intersection project, in which the State Department of Transportation will cost share for 75%. On voice vote, motion carried. Motion by Ald. Leathen, second by Ald. Gonczy, to approve the request from Bethany St. Joseph Corporation to acquire the right-of-way on 17th Avenue North, and to require Bethany St. Joseph Corporation to contract for a Certified Survey Map with all utility easements shown at no cost to the City and to require that the street right-of-way shall be 66 feet wide. On voice vote, motion carried. Motion by Ald. Leathen, second by Ald. Gonczy, to authorize Ron Lund to proceed with the acquisition of a sliver of land at 1855 East Main Street at no cost to the City with the understanding that during construction work the City will close the southernmost driveway of that piece of property, for the purpose of relocating the sidewalk to resolve a job in the sidewalk. On voice vote, motion carried. Motion by Ald. Leathen, second by Ald. Gonczy, to authorize Jason Gilman to request a presentation from Ayres & Associates, to the Board of Public Works, and to authorize Jason to contact the Wisconsin League of Municipalities for referrals to other traffic consultants and to request proposals from any such consultants. On voice vote, motion carried. Motion by Ald. Gonczy, to refer the item to City staff, and that staff shall make costs estimates for both driveway designs and report back with recommendation to the Mayor and that the Mayor shall be authorized to make a final decision regarding the driveway. Ald. Giese seconded the motion. Motion by Ald. Leathen, to amend the original motion to state that any additional costs for the proposed design, as compared to the agreed-upon design, shall be borne by LB White. Ald. Olson seconded the motion to amend. Mayor Bialecki called for the vote on the motion to amend. On voice vote, motion to amend carried five aye and one abstention from Ald. Smith. Mayor Bialecki called for the vote on the motion as amended. On voice vote, motion carried. Item 10 - PLAN COMMISSION: A. 1. Rezoning Fee of $150.00. 2. Park Fee of $1,120.00 per unit. 3. Topo Fee of $10.00 per acre x 2.46 = $24.60. 4. Owner to be aware of future Marcou Road improvements. 5. Owner to be aware that multiple drive access points are discouraged on Marcou Road. At the time these lots are developed, the City reserves the right to restrict drive access to a single point on Marcou Road. 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 the Plan Commission Minutes shall not release the developer/property owner from abiding by the City's Subdivision Ordinance and Zoning Code requirements. 10. Sidewalks to be installed at the time of duplex construction or reconstruction of Marcou Road, whichever comes first. 11. Garage encroaching on public right-of-way must be removed at the time duplex is developed or Marcou Road reconstructed, whichever comes first. Motion by Ald. Giese, second by Ald. Gonczy, to table the item regarding a rezoning request application filed by Barbara Althoff and John Damm, Jr., 11568 Arroyo Oaks Drive, Los Altos, CA 94024-6527, for the property located at 206 Marcou Road, Onalaska from R-1 to R-2-3 (Tax ID# 18-3621-1 and 18-3621-2). On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Leathen, to approve with ten conditions the Conditional Use Permit filed by Bryan Novy, agent for Kwik Trip, for the property located at 9421 State Highway 16, for the purpose of expanding the current as and diesel operations. On voice vote, motion carried five ayes and one abstention from Ald. Gonczy. Motion by Ald. Giese, second by Ald. Leathen, to approve with one condition and 43 sub- conditions, the Conditional Use Permit filed by John Towner, Deer Creek Development, LLC, for the property located on French Road between Hanson Place and Harter Drive for the purpose of a condominium development. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, to approve with seven conditions the Rezoning Application filed by Bill Soper, YMCA Executive Director, for the property located at Mason Street and East Avenue North from interim R-1 to M-1 Light Industrial. On voice vote, motion carried. Ald. Giese reported that Jason has received a verbal request to withdraw the application. Motion by Ald. Giese, second by Ald. Wulf, to refer the item back to the Plan Commission. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Leathen, to approve with twelve conditions the Annexation Petition filed by Arlan and Virginia Wekseth, for the property located at W5922 CTH OS. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Leathen, to approve the Subdivision Review application filed by Mark Chafoulias for the property located at 1293 PH, containing 110,000 square feet, for multiple land division and property reconfiguration. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, to approve the Subdivision Review request filed by John Sopher for the property located at 201 Marcou Road. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Smith, to refer the item for 30 days to allow time for the Inspection Department to make a report to be presented the Plan Commission at its next meeting. On voice vote, motion carried. Motion by Ald. Wulf, second by Ald. Smith, to give Ordinance No. 1223-2005 adopting a Comprehensive Plan its Third and Final Reading. On voice vote, motion carried. Motion by Ald. Wulf, second by Ald. Giese, to give Ordinance No. 1224-2005 to amend certain sections of the Code of Ordinances of the City of Onalaska relating to licensing of dogs and cats and regulation of animals in the City of Onalaska its Third and Final Reading. On voice vote, motion carried. Motion by Ald. Wulf, second by Ald. Leathen, to give Ordinance No. 1225-2005 to amend Section 6-2-3(f)(2) of the Code of Ordinances of the City of Onalaska relating to the permit fee for a street opening in the City of Onalaska its First and Second Reading. On voice vote, motion carried. Motion by Ald. Wulf, second by Ald. Leathen, to give Ordinance No. 1226-2005 to amend Section 10-1-27 of the Code of Ordinances of the City of Onalaska relating to parking its First and Second Reading. On voice vote, motion carried. Motion by Ald. Wulf, second by Ald. Leathen, to suspend the rules to give Ordinance No. 1227-2005 to annex lands in the northeast ¼ of the northwest ¼ of Section 10, Township 16 North of Range 7 West from the Town of Medary to the City of Onalaska its First, Second and Third Reading. On voice vote, motion carried. Motion by Ald. Wulf, second by Ald. Leathen, to give Ordinance No. 1227-2005 its First, Second, and Third Reading. On voice vote, motion carried. Motion by Ald. Wulf, second by Ald. Leathen, to give Ordinance No. 1228-2005 to rezone property located in Section15, Township 16 North of Range 7 West in the City of Onalaska, La Crosse County, Wisconsin, from R-1 Single-Family Residential to R-2-3 Single Family/Duplex Residential District its First and Second Reading. On voice vote, motion carried. Motion by Ald. Wulf, second by Ald. Leathen, to give Ordinance No. 1229-2005 to rezone property located in Section 2, Township 16 North of Range 7 of the City of Onalaska, La Crosse County, Wisconsin from A-1 Agriculture District to R-1 Single-Family Residential District its First and Second Reading. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Olson, to receive and place on file the Onalaska/Holmen Public Transit financials for March 2005. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Olson, to set the public hearing for the Program of Projects for 2005 for June 8, 2005 at 7:00 p.m. during the Utility Committee meeting. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Gonczy, to approve he request from Peggi Kennedy for a band to perform at her son's graduation party at Rowe Park Shelter #1 on May 28, 2005 from 3 – 4 p.m. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Gonczy, to approve the request from UW-La Crosse to use City benches for the WIAA (Wisconsin Interscholastic Athletics Association) State Track Meet with the understanding that UW-La Crosse will provide to the City a certificate of insurance and that UW-La Crosse will transport the benches to and from the event. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Wulf, to cancel the first session of swimming lessons due to the tentative construction completion date. On voice vote, motion carried. Motion by Ald. Wulf, second by Ald. Gonczy, to authorize Ald. Wulf and Chris Muller to make a presentation at the May 2005 Department Head meeting regarding the employee survey and cover sheet. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Olson, to proceed with the next steps in the process regarding the waterfront property. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Wulf, to convene in Closed Session to consider a motion to convene in Closed Session under Section 19.85 (1) (c) of the Wisconsin Statutes for the purpose of considering compensation/negotiations of any public employee over which the governmental body has jurisdiction or exercises responsibility (International Association of Firefighters – IAFF), and under section 19.85 (1) (e) of the Wisconsin Statutes for the purpose of deliberating or negotiating the purchase or acquisition of property (Waterfront property) and under Section 19.85 (1) (g) of the Wisconsin Statutes for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved (claim against the City relating to chipped cemetery monument, Waterfront property). If any action is required in Open Session, as the result of the Closed Session, the Committee will convene in Open Session to take the necessary action and/or continue on with the printed agenda. as is stated in the agenda. On roll call vote: Ald. Smith – aye; Ald. Gonczy – aye; Ald. Leathen – aye; Ald. Olson – aye; Ald. Giese – aye; Ald. Wulf – aye. Motion carried to convene in Closed Session. Common Council of the City of Onalaska Tuesday, May 10, 2005 Reviewed 5-12-2005