The Meeting of the Common Council was called to order at 7:00 p.m. on Tuesday, February 12, 2008. 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. Bob Muth, Ald. Tim Miller, Ald. Jim Olson, Ald. Kim Smith, and Ald. Clarence Stellner. Also Present: City Clerk Cari Burmaster, Financial Services Director Fred Buehler, Land Use & Development Director Jason Gilman, City Engineer Jarrod Holter, and City Attorney Sean O’Flaherty. Item 2 - Pledge of Allegiance The Pledge of Allegiance was declared. Motion by Ald. Stellner, second by Ald. Miller, 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. Stellner, second by Ald. Smith to enter into a lease agreement for space in the old City Shop to Running Inc., d/b/a Onalaska/Holmen/West Salem Shared Ride Program. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Smith, to approve Vouchers No. 143 through No. 404, expended since the last Common Council meeting of January 8, 2008, in the amount of $6,893,787.33. These vouchers include a percentage of 69.05% compared to 68.13% in 2006 of taxes collected in January 2008 to the taxing entities. The total amount is $8,504,609.39. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve the Financing Plan for Upcoming Issue(s) and Timeline. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Muth, upon recommendation of the Finance and Personnel Committee to approve Resolution 3-2008 – Initial Resolution Authorizing $260,000 General Obligation Bonds for Sewerage Projects. On roll call vote: Ald. Jim Olson – aye, Ald. Mike Giese - aye, Ald Kim Smith – aye, Ald. Clarence Stellner – aye, Ald. Bob Muth – aye, Ald. Tim Miller – aye. Resolution passes. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve Resolution 4-2008 – Initial Resolution Authorizing $880,000 General Obligation Bonds for Street Improvement Projects. On roll call vote: Ald. Mike Giese – aye, Ald. Kim Smith – aye, Ald. Clarence Stellner – aye, Ald. Bob Muth – aye, Ald. Tim Miller – aye, Ald. Jim Olson-aye. Resolution Passes. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve Resolution 5-2008 – Initial Resolution Authorizing $45,000 General Obligation Bonds for Fire Department Equipment. On roll call vote: Ald. Bob Muth – aye, Ald. Clarence Stellner- aye, Ald. Jim Olson – aye, Ald. Kim Smith – aye – Ald. Tim Miller – aye, Ald. Mike Giese - aye. Resolution passes. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve Resolution 6-2008 – Initial Resolution Authorizing $70,000 General Obligation Bonds for Parks and Public Grounds Projects. On roll call vote: Ald. Clarence Stellner – aye, Ald. Jim Olson – aye, Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Mike Giese - aye, Ald. Bob Muth – aye. Resolution passes. Motion by Ald. Olson, second by Ald. Muth, upon recommendation of the Finance and Personnel Committee to approve Resolution 7-2008 – Initial Resolution Authorizing $325,000 general Obligation Bonds for Water System Projects. On roll call vote: Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Bob Muth – aye, Ald. Jim Olson – aye, Ald. Mike Giese - aye, Ald. Clarence Stellner – aye. Resolution Passes. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve Resolution 8-2008 – Initial Resolution Authorizing $1,700,000 General Obligation Bonds for Library Projects. On roll call vote: Ald. Tim Miller – aye, Ald. Bob Muth – aye, Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith – aye. Resolution Passes. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve Resolution 9-2008 – Resolution Directing Publication of Notice to Electors. On roll call vote: Ald. Mike Giese – aye, Ald. Bob Muth – aye, Ald. Tim Miller – aye, Ald. Jim Olson – aye, Ald. Kim Smith – aye, Ald. Clarence Stellner – aye. Resolution Passes. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve Resolution 10-2008 – Resolution Providing for the Sale of $3,280,000 General Obligation Corporate Purpose Bonds. On roll call vote: Ald. Bob Muth – aye, Ald. Tim Miller – aye, Ald. Jim Olson – aye, Ald. Kim Smith – aye, Ald. Clarence Stellner – aye, Ald. Mike Giese – aye. Resolution Passes. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve Resolution 11-2008 – Resolution providing for the sale of $220,000 Note Anticipation Notes. On roll call vote: Ald. Tim Miller – aye, Ald. Jim Olson – aye, Ald. Kim Smith – aye, Ald. Clarence Stellner – aye, Ald. Bob Muth – aye, Ald. Mike Giese – aye. Resolution passes. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve authorization to proceed with Key Benefit Concepts, LLC relating to Government Accounting Standards Board (GASB) 45 “Post Employment Benefits” not to exceed $3,750. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve the reimbursement agreement among City of Onalaska and Eagle Bluff Center, LLC. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve authorization to proceed with West Central Metropolitan Enforcement Group Multi-Jurisdictional Drug Enforcement Agreement (MEG). On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve authorization to proceed to purchase through state contract a Utility Van at a cost of $17,006 and City Hall Pick-Up Truck at a cost of $14,097. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve the transfer of departmental funds within each department – 2007 Budget. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Muth, upon recommendation of the Finance and Personnel Committee to approve Resolution 13-2008 – to transfer funds to/from various departments – 2007 Budget. On roll call vote: Ald. Bob Muth – aye, Ald. Clarence Stellner – aye, Ald. Jim Olson – aye, Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Mike Giese – aye. Resolution passes. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve Resolution 14-2008 to amend 2007 Budget. On roll call vote: Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Bob Muth – aye, Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Clarence Stellner – aye. Resolution passes. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve adjustment of the existing DSFB – 2007. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve adjustment of the existing DSFB – 2007 in the amount of $5,000 on an annual basis to be contributed to the sinking fund for the Tourism building. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve the out-of-state travel costs for Sergeant Knute Aasen to attend the Smith & Wesson Academy in Des Moines, Iowa, on July 28-30, 2008, with a $475 registration fee, $269.97 hotel costs, and $109.00 meal costs. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve out-of-state travel costs for Firefighters Wayne Nagy and Jeremy Southworth to attend the National Fire Academy in Emmitsburg, Maryland on February 24-29, 2008, with the understanding that the only cost will be $94.85 per person for meals. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve out-of-state travel costs for Firefighters Barry Taylor, Jason Santos, Brad Heller, Brian Everson, Corey Yonkovich, and Chris Ward to attend Rochester College Fire Training in Rochester, Minnesota, on April 5-6, 2008, with registration costs of $65.85. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve out of state travel costs for Parks Supervisor Mark Hanson and Assistant Planner Deena Murphy to attend the Rochester Arbor Workshop and Seminar in Rochester, Minnesota on February 15, 2008, in the amount of $90.00 for registration fees. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve out-of-state travel costs for Training Captain Rick Molzahn and Assistant Fire Chief Troy Gudie to attend Fire Department Instructors Conference in Indianapolis, Indiana April 8-12, 2008, with costs of $435.00 for each person and $369.00 travel costs for each person. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve out-of-state travel costs for Fire Chief Don Dominick to attend Executive Fire Officer Graduate Symposium in Emmitsburg, Maryland on March 27-30, 2008, at a cost for mileage of $350.00. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve out-of-state travel for Fire Chief Don Dominick to attend Executive Fire Officer Graduate Symposium in Emmitsburg, Maryland on March 27-30, 2008 at no cost to the city. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Muth, upon recommendation of the Finance and Personnel Committee to approve the Restricted/Modified Duty Policy. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Finance and Personnel Committee to approve the job description for the Fire Chief. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Finance and Personnel Committee to approve the job description for the Building Inspector (Inspection Reorganization). On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Administrative Committee, to approve the Operator’s Licenses as printed and on file. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Giese, upon recommendation of the Administrative Committee to approve licensing for Pawnbroker Second Hand Article Dealer and Secondhand Jewelry Dealer for Pawn America, Wisconsin LLC, 181 River Ridge Circle S. Burnsville, Minnesota 55337 located at 1235 Crossing Meadows Drive, Onalaska. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, to approve the request from LaCrosse Area Harley Davidson for motorcycle stunt show on Oak Forest Drive on Saturday, June 28, 2008, with the understanding that there be a Memorandum of Understanding signed stating that any costs incurred as a result of Law Enforcement Traffic Control will be the responsibility of Harley Davidson. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to install no parking on Mason Street west of East Avenue North at the YMCA entrance – a distance of 50 feet of no parking each side of both driveways on both sides of Mason Street. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, to continue the possible acquisition of the waysides along State Highway 35. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to approve the request for modification of electrical easement at Well Street reservoir for AT&T cell tower site. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to approve Amendment #1 to the engineering agreement for engineering services for the Abbey Road Project design with Davy Engineering at a cost not to exceed $27,500 and a month-to-month report to be given to the Board of Public Works. On voice vote, motion carried. Five – yes, one – abstention. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to approve the agreement relocation of Xcel power line and associated costs, in coordination with Abbey Road Project. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to approve the authorization of the design engineering services agreement for the Sand Lake Road Project with Wisconsin Department of Transportation and Strand Associates in an amount not to exceed $220,117.76. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to approve authorization of a contract with Mississippi Valley Archaeological Center for archaeological investigation and recovery plan for the Sand Lake Road Project at a cost not to exceed $159,152. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Olson, upon recommendation of the Board of Public Works to approve the purchase of orthophotos from LaCrosse County at a cost of $9,300. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to approve authorization to pre-qualify the following bidders for the 2008 Utility Project: A-1 Excavating, Pember Excavating, Viner Construction, Rezen Construction, McHugh Excavating, Integrity Grading & Excavating, Badger Environmental & Earthworks, Haas Sons Inc. and Winona Excavating. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Board of Public Works to award the bid for the 2008 pavement marking project to Mega Rentals for $43,700. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Muth, upon recommendation of the Board of Public Works to approve Change Order #2 for Well #10 Project with Olympic Builders in the amount of $2,526. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Muth, upon recommendation of the Plan Commission to approve the Memorandum of Understanding concerning boundary issues between the Town of Hamilton, Village of West Salem, and City of Onalaska for the area east of Nathan Hill, west of the LaCrosse River, north of Interstate 90, and south of Gill Coulee Road. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Plan Commission to move to public hearing on February 26, 2008, the introduction of the proposed amendment to the Official City Map. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Stellner, upon recommendation of the Judiciary Committee to give Ordinance 1324-2008 to create 13-8-62 of the Code of Ordinances of the City of Onalaska relating to Tree Protection its third and final reading. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the Judiciary Committee to give Ordinance 1325-2008 to amend Section 8-3-2 of the Code of Ordinances of the City of Onalaska relating to refuse disposal and collection its first and second reading. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Miller, upon recommendation of the Long Range Planning Committee to pass Resolution 15-2008 for the City of Onalaska’s participation in the Wisconsin Community Development Block Grant Program. On roll call vote: Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Bob Muth – aye, Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Clarence Stellner – aye. Resolution passes. Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the Mass Transit Committee to accept the financial report for December 2007. On voice vote, motion carried. Ald. Miller reported that Brian Guthrie and Jerry Schaumberg attended the meeting to give the board an update on the new shelter plan for Van Riper Park. They discussed timeline, add alternates, and budget with the committee. Construction will not begin until after Sunfish Days, 2008. Motion by Ald. Miller, second by Ald. Stellner, upon recommendation of the Park & Rec Board to remove the language “7 Years” from Section 8(c) of the Development Agreement with French Valley Neighborhood. The Board was comfortable with the other sections of the agreement. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Muth, upon recommendation of the Park & Rec Board to award the Youth T-Shirt printing bid to Games People Play at a cost of $3.60 per shirt. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Stellner, upon recommendation of the Park & Rec Board to award lawn mower bid to John Deere Model 997. On voice vote, motion tied. Mayor Bialecki voted no; motion failed. On roll call vote: Ald. Bob Muth – aye, Ald. Tim Miller – no, Ald. Jim Olson – aye, Ald. Mike Giese – no, Ald. Clarence Stellner – no, Ald. Kim Smith – aye. Motion tied; 3 – aye, 3 – no. Motion by Ald. Stellner, second by Ald. Miller, to award lawn mower bid to Kubota. Call for the question to award the lawn mower bid to Kubota. On roll call vote: Ald. Tim Miller – aye, Ald. Jim Olson – no, Ald. Mike Giese – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith – no, Ald. Bob Muth – no. Motion tied; 3 – aye, 3 – no. Chair Mayor Bialecki – aye; motion passes. Motion by Ald. Miller, second by Ald. Smith, to approve authorization to receive quotes on softcab for Utility Tractor. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Smith, upon recommendation of the Tourism Commission, to approve the five-year contract at $100 with Eleanor Robinson for the renewal of the tourism sign on I-90. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Tourism Commission, to approve the two-year renewal with Pilch & Barnet for the city’s marketing firm. This was approved by the city attorney with the exact same contract as they previously had. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Tourism Commission, to approve a $1,000 donation to partner with LaCrosse Convention & Visitors Bureau – Governor’s Conference on Tourism 2008 luncheon at Lake Geneva, Wisconsin. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Miller, upon recommendation of the Library Commission to award the bid for the Library Expansion project to Markit & Johnson who was the low bidder at a base price of $1,641,881.00. On roll call vote: Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Kim Smith – aye, Ald. Clarence Stellner – aye, Ald. Bob Muth – aye, Ald. Tim Miller – aye. Motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Library Commission to revise the legal description and transfer the Onalaska School District Property to the City of Onalaska. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Olson, upon recommendation of the Technology Advisory Committee, to implement the 5-year strategic plan. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Shop Relocation Committee to approve charges for installation of computers for new Public Works Facility in the amount of $536.06. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Stellner, upon recommendation of the Shop Relocation Committee to approve the change order plumbing item for project in the amount of $1,063.75. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, to consider a motion to convene in Closed Session under Section 19.85 (1)(e) of the Wisconsin Statues for the purpose of deliberating or negotiating the investment of public funds where competitive bargaining reasons requires a closed session (review of lease commitment and pro forma financial reports provided by Eagle Bluff Centre, LLC regarding proposed Theater Road Development). On roll call vote: Ald. Bob Muth – aye, Ald. Tim Miller – aye, Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith – aye. In closed session. Motion by Ald. Giese, second by Ald. Olson to reconvene in open session. On roll call vote: Ald. Bob Muth – aye, Ald. Tim Miller – aye, Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith – aye. Motion carries. Motion by Ald. Smith, second by Ald. Olson, to approve within the 5-year plan for the IT, the Firewall UTM, Internet Filtering, with a total cost not to exceed $9,500, the Data Center Upgrade at a total cost not to exceed $65,000, the Backup at a cost not to exceed $7,000, and the switches at a cost not to exceed a total of $20,000. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Giese, to approve Resolution 12-2008 – to appoint Registration Deputies for the City of Onalaska. On roll call vote: Ald. Bob Muth – aye, Ald. Clarence Stellner – aye, Ald. Jim Olson – aye, Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Mike Giese – aye. Resolution passes. Motion by Ald. Smith, second by Ald. Miller, to convene in Closed Session to consider a motion to convene in Closed Session under Section 19.85 (1) (g) of the Wisconsin Statutes with respect to litigation in which it is or is likely to become involved (Status report of IRS Audit). If any action is required in Open Session, as a 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. Mike Giese – aye, Ald. Bob Muth – aye, Ald. Tim Miller – aye, Ald. Jim Olson – aye, Ald. Kim Smith – aye, Ald. Clarence Stellner – aye; In Closed Session. Motion by Ald. Stellner, second by Ald. Miller to adjourn from closed session at 10:58 p.m. On roll call vote: Ald. Mike Giese – aye, Ald. Bob Muth – aye, Ald. Tim Miller – aye, Ald Jim Olson – aye, Ald. Kim Smith – aye, Ald. Clarence Stellner. Motion carried. Common Council of the City of Onalaska Tuesday, February 12, 2008 Reviewed 2-14-08