The Meeting of the Common Council was called to order at 7:00 p.m. on Tuesday, August 8, 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, Ald. Clarence Stellner.

Also present:  City Engineer Jarrod Holter, Land Use & Development Director Jason Gilman, Finance Director Fred Buehler, City Attorney Sean O’Flaherty, Human Resource Specialist Elsa Kulig, and City Clerk Cari Burmaster.

Mayor Bialecki acknowledged and welcomed Troop 48 that is present tonight to observe the council meeting until 8:00 p.m.

Item 2 - Pledge of Allegiance

The Pledge of Allegiance was declared.

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

Motion by Ald. Gonczy, second by Ald. Smith, to approve Resolution 24-2006 the National Incident Management Systems (NIMS) as the basis for incident management in the City of Onalaska.  On roll call vote:  Ald. Gonczy – yes, Ald. Olson – yes, Ald. Smith – yes, Ald. Stellner – yes, Ald. Oldani Wulf – yes, Ald. Giese – yes.  Motion carried.

Motion by Ald. Gonczy, second by Ald. Olson, to approve the contract not to exceed the amount of $11,000 as specified in the agreement.  Motion passes – 5 yes, with Ald. Wulf voting no.

Motion by Ald. Smith, second by Ald. Stellner, to approve Vouchers No. 1628 through No. 1856, expended since the last Common Council meeting of July 11, 2006, in the amount of $2,417,297.46.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Olson, to accept this report upon recommendation of the Finance and Personnel Committee.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee to approve the promissory note to the Community Development Authority for the Omni Center not to exceed $60,000 and to be paid back on or before 2/15/2007.
On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Gonczy, upon recommendation of the Finance Committee to approve the lease.  On voice vote, motion carried.

Motion by Ald. Gonczy, second by Ald. Giese, to amend the lease between the City of Onalaska and the Community Development Authority (C.D.A.) – for the completion of Building II to read as follows:  On voice vote, amendments to the motion carried.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee to adopt Resolution 29-2006 for 1% Tourism Room Tax towards the completion cost for Omni Center Building II.  On roll call vote – Ald. Giese – yes, Ald. Oldani Wulf – yes, Ald. Gonczy – yes, Ald. Olson – yes, Ald. Smith – yes, Ald. Stellner – yes.  Motion carried – 6 - yes, 0 – no.

Motion by Ald. Smith, second by Ald. Gonczy, upon recommendation of the Finance Committee to adopt Resolution 26-2006 Initial Resolution Authorizing $1,815,000 General Obligation Bonds for Parks and Public Grounds Projects.  On roll call vote – Ald. Gonczy – yes, Ald. Olson – yes, Ald. Smith – yes, Ald. Stellner – yes, Ald. Oldani Wulf – yes, Ald. Giese – yes.  Motion carried – 6 – yes, 0 – no.

Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Finance Committee to adopt Resolution 27-2006 Resolution Directing Publication and Notice to Electors.  On roll call vote – Ald. Oldani Wulf – yes, Ald. Gonczy – yes, Ald. Olson – yes, Ald. Giese – yes, Ald. Stellner – yes, Ald. Smith – yes.  Motion carried – 6 – yes, 0 – no.

Motion by Ald. Smith, second by Ald. Gonczy, upon recommendation of the Finance Committee to adopt Resolution 28-2006 providing for the sale of $1,815,000 General Obligation Recreation Facility Bonds.  On roll call vote – Ald. Smith – yes, Ald. Gonczy – yes, Ald. Stellner – yes, Ald. Olson – yes, Ald. Giese – yes, Ald. Oldani Wulf – yes.  Motion carried – 6 – yes, 0 – no.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee to proceed with the disposition of these vehicles.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Finance Committee to approve the contract, reflecting a 5% increase.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Finance Committee to accept a 3% increase in costs.  This actually resulted in an overall decrease in annual costs of $96, due to the removal of Tourism.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Oldani Wulf, upon recommendation of the Finance Committee to continue with the current contract at no increase for 2007.
On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Personnel Committee to approve the handbook.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Stellner, to approve the above pay range for Administrative Assistant – Tourism at $9 to $11 per hour.  On voice vote, motion carried – 5 – yes, with Ald. Wulf voting no.

Motion by Ald. Smith, second by Ald. Stellner, to post and advertise the Administrative Assistant position.  On voice vote, motion carried.

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

Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Board of Public Works to approve this item in the amount not to exceed $1,815,000.
On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Stellner, to adopt Resolution 30-2006 relating to the capital improvement project for completion of Omni Center building II.  On roll call vote – Ald. Smith – yes, Ald. Gonczy – yes, Ald. Stellner – yes, Ald. Olson – yes, Ald. Giese – yes, Ald. Oldani Wulf – yes.

Motion by Ald. Giese, second by Ald. Stellner, upon recommendation of the Board of Public Works to be referred to the 2007 Capital Improvements List in an amount not to exceed $15,000.   On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Oldani Wulf, upon recommendation of the Board of Public Works to approve the installation of a black top curbing in the amount not to exceed $4,500.00.  This amount would be split three ways with the City’s portion not to exceed $1,500.00.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Board of Public Works that studies be continued relative to that intersection and that item be reviewed next summer. On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to authorize changing of striping from SS to 250 feet north of Oak Forest Drive in a fiscal cost of approximately $8,000.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Board of Public Works to forward this item to Administrative and Judiciary Committee to authorize No Parking Zone from 250 feet north of Oak Forest Drive to County Highway SS.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Stellner, upon recommendation of the Board of Public Works to approve the cleaning and acceptance of the bid in an amount not to exceed $10,855.00.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Oldani Wulf, upon recommendation of the Planning Commission to approve with 10 conditions the Conditional Use Permit application filed by Rivers Harvest Church, 1001 Quincy St., Onalaska, for an expansion to the existing Church located at 1001 Quincy St (Tax ID# 18-697-0).  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Gonczy, to approve with 9 conditions the Rezoning application filed by Joyce and Mike Diveley of Diveley Properties, 711 Pleasant Ct, Onalaska, to rezone the property located at 907 Main St From R-2-3 to R-1-60, for the purpose of creating 2 single family home lots (Tax ID# 18-339-0).  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Smith, to approve with 9 conditions the Rezoning application filed by Elmwood Partners Limited Partnership, 2700 National Drive, Suite 103, Onalaska, for rezoning from R-1 Interim to R-1 Single Family Residential for the 3rd Addition to the Country Club Estates (Tax ID# 9-35-0, 9-36-0, 9-38-0, 9-41-0, 18-3566-401 & 18-4479-0).   Motion by Ald. Oldani Wulf, second by Ald. Giese, to table Items 10 (c, e, and f).  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Stellner, to approve with 10 conditions the Conditional Use Permit application filed by Richard Bott, Master Metals, Inc., 1236 Clinton St, La Crosse, for a fabricating business located at 191 Mason St, Onalaska (Tax ID# 18-5908-0).  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Olson, to approve with 7 conditions the Annexation Petition filed by Dave Olson and Intrust Development LLC, 1860 Wood Run Place, Onalaska, for Lot 1 and Lot 2 of preliminary CSM dated 6/29/06 containing 12.35 and 5.01 acres (Tax ID# 10-1314-0).  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Smith, to approve with 10 conditions the Subdivision Review request filed by Intrust Development LLC for Lot 1 of preliminary CSM dated 6/29/06 containing 12.35 acres (Tax ID# 10-1314-0).  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Gonczy, to approve with 10 conditions Subdivision review request filed by Dave Olson, N4893 Green Coulee Road, Onalaska, for Lot 2 of preliminary CSM dated 6/29/06 containing 5.01 acres on Green Coulee Road (Tax ID # 10-1314-0).  On voice vote, motion carried.

Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon the recommendation of the Judiciary Committee to give Ordinance No. 1270-2006 to annex lands located in the Northwest Ό of the Northwest Ό in Section 32, Township 17 North of Range 7 West from the Town of Onalaska to the City of Onalaska (International Church of the Foursquare Gospel) its third and final reading.  On voice vote, motion carried.

Motion by Ald. Wulf, second by Ald. Gonczy, upon the recommendation of the Judiciary Committee to give Ordinance No. 1271-2006 to amend Section 10-1-27(ii) of the Code of Ordinances of the City of Onalaska relating to parking regulations on Irvin Street its first and second reading.  On voice vote, motion carried.

Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon the recommendation of the Judiciary Committee to give Ordinance No. 1272-2006 to amend Section 6-2-3(h) and 6-2-4(j) of the Code of Ordinances of the City of Onalaska relating to the term of street opening guarantees its first and second reading.  On voice vote, motion carried.
Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon the recommendation of the Judiciary Committee to suspend the rules and give Ordinance 1273-2006 to annex lands located in the Northeast Ό of the Southwest Ό and the West ½ of the Southeast Ό all in Section 34, Township 17 North of Range 7 West from the Town of Onalaska to the City of Onalaska (Olson/Intrust Development Annexation) its first, second, and third reading contingent upon state approval.  On voice vote, motion carried.

Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon recommendation of the Judiciary Committee to give Ordinance No. 1274-2006 to create Section 13-1-17 of the Code of Ordinances of the City of Onalaska relating to construction standards for dwelling units its first and second reading.  On voice vote, motion carried.

Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon the recommendation of the Judiciary Committee to give Ordinance No. 1275-2006 to detach lands located in the Southeast Ό of the Southeast Ό in Section 29, Township 17 North of Range 7 West and the Northeast Ό of the Northeast Ό in Section 32, Township 17 North of Range 7 West from the City of Onalaska to Town of Onalaska its first and second reading.  On voice vote, motion carried

Motion by Ald. Stellner, second by Ald. Smith, to accept the financial report of the Mass Transit Unit.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Gonczy, to approve the next date and time to establish the public hearing.  On voice vote, motion carried.

Motion by Ald. Gonczy, second by Ald. Giese, to authorize to waive the 90-day window.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Park & Rec Board to allow the Eagle Scout to use city facilities for his Youth Football Camp.
On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Oldani Wulf, upon recommendation of the Park & Recreation Board to approve Miller and Associates at an amount not to exceed $23,800.
On voice vote, motion carried.

Motion by Ald. Gonczy, second by Ald. Olson, to refer this item to the Finance and Personnel Committee.  On voice vote, motion carried.

Motion by Ald. Gonczy, second by Ald. Oldani Wulf, to convene in Closed Session To consider a motion to convene in Closed Session 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 (in this case litigation matters involving the Police Department to WPPA and forfeiture and nuisance actions relating to Venture Machine and Tool, Inc.)  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 

On roll call vote:  Ald. Smith – yes, Ald. Gonczy – yes, Ald. Oldani Wulf – yes, Ald. Giese – yes, Ald. Stellner – yes. Ald. Olson had stepped away temporarily.
Motion carried to convene in Closed Session.
Common Council
of the City of Onalaska
Tuesday, August 8, 2006
6




Reviewed 8-11-06