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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. On voice vote, motion carried. 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. On voice vote, motion carried. 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. 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. 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. 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. 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. 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. 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. On voice vote, motion carried. 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. 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. On voice vote, motion carried. 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. 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. On voice vote, motion carried. 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. 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. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works, to approve the 2006 Paving Contract change orders in the amounts of $9,438.00 and $2,961.00 for Mathy Construction. On voice vote, motion carried. 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. 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. On voice vote, motion carried. 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. 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. 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. On voice vote, motion carried, 4 yes, 2 no. 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. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Planning Commission to refer for 30 days the 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. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Planning Commission, to approve with seven conditions the final implementation Plan for Bethany Lutheran Senior Housing located at Mason Street containing 10 acres. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Oldani Wulf, upon recommendation of the Planning Commission to modify the conditions to require that the owner keep the doors shut other than for the ingress or egress of vehicles. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon 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 third and final reading. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon 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 guaranties its third and final reading. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon recommendation of the Judiciary Committee to give Ordinance 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 third and final reading. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon recommendation of the Judicary Committee to give Ordinance No. 1275-2006 to detach lands located in the Southeast 1/4 of the Southeast 1/4 in Section 29, Township 17 North of Range 7 West and the Northeast 1/4 of the Northeast 1/4 in Section 32, Township 17 North of Range 7 West from the City of Onalaska to Town of Onalaska its third and final reading. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon recommendation of the Judiciary Committee to suspend the rules and give Ordinance No. 1277-2006 to annex lands located in the Southwest 1/4 of the Southeast 1/4 all in Section 34, Township 17 North, of Range 7 West from the Town of Onalaska to the City of Onalaska (Anderson Annexation) its first, second, and third reading. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon recommendation of the Judiciary Committee to give Ordinance No. 1277-2006 its first, second, and third reading contingent upon that Jason Gilman is in agreement with what has transpired regarding run off and draining issues. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon recommendation of the Judiciary Committee to suspend the rules and give Ordinance 1278-2006 to rezone property located in Section 4, Township 16, Range 7 in the City of Onalaska, La Crosse County Wisconsin from R-2-3 Single Family and Duplex Residential District to R-1-60 Single Family Residential District (Diveley Property) its first, second, and third reading. On voice vote, motion carried. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon recommendation of the Judiciary Committee to suspend the rules and give Ordinance No. 1279-2006 to amend Section 10-1-27 of the Code of Ordinances of the City of Onalaska relating to parking on 12th Avenue South its first, second, and third reading. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, to approve the Program of Projects 2006 Budget. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Olson, to approve the financials for July 2006. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Olson, upon recommendation of the Mass Transit Committee to deny the Expanded Fixed-Route Service in Onalaska proposed by the La Crosse Area Planning Committee (LAPC). On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Olson to approve the special utilities meeting date/time of September 19 at 7:00 p.m. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Parks & Recreation Board to approve the request from the Coulee Region Riders Club to use bleachers to host 10th annual High School Rodeo September 2nd and 3rd of 2006. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Parks & Recreation Board to approve the advertising bids for Bi-Annual Activity Guide. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Olson, to approve Website Design and Development RFP (Request for Proposal) from Pilch and Barnet. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Shop Relocation Committee to approve the bid and award the bid of the Public Works Facility to Wieser Brothers with the deletion of Alternate #2, Photo Voltaics which is in the amount of $96,861, leaving a total bid price of $3,281,939. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Shop Relocation Committee to approve the alternate items excluding the photo voltaic. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Shop Relocation Committee, to approve value engineering of depth of rigid frame on Public Works Facility. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Oldani Wulf, to authorize posting a request for qualifications for hiring a consultant to prepare plans and specifications for phone and computer systems. 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) (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 (structuring of departments, and SORD-Supervisory Officers Relations Division) and under Section 19.85(1)(g) of the Wisconsin Statues 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 (litigation matters involving the Police Department/WPPA (Wisconsin Professional Police Association), claims against the City: trip and fall on sidewalk at 1264 County Road PH, Backfill of cemetery grave site Block 166, Lot 8 Grave 3 and sewer backup 414 9th Avenue south and car damage due to road construction at 446 Court Road). 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. Motion by Ald. Gonczy, second by Ald. Stellner, to accept the restructuring as presented. On voice vote, motion carried. On roll call vote: Ald. Giese – aye, Ald. Oldani Wulf – aye, Ald. Gonczy – aye, Ald. Olson – aye, Ald. Smith – aye, Ald. Stellner – aye. Motion carried to convene in Closed Session. Common Council of the City of Onalaska Tuesday, September 12, 2006 7 Reviewed 9-15-06