The Meeting of the Common Council was called to order at 7:00 p.m. on Tuesday, March 13, 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. Diane Oldani Wulf, Ald. Gary Gonczy, Ald. Jim Olson, Ald. Kim Smith, and Ald. Clarence Stellner. Also present: City Engineer Jarrod Holter, Land Use & Development Director Jason Gilman, Finance Director Fred Buehler, and City Clerk Cari Burmaster. 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. Gonczy, 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 approve the appointment of Mayor Bialecki, Ald. Giese, and Land Use and Development Director Jason Gilman to the Boundary Agreement Committee with the Town of Hamilton and the Village of West Salem with the understanding that all meetings will be publicly noticed. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Oldani Wulf, to approve Resolution 18-2007 authorizing the sale of $3,545,000 General Obligation Corporate Purpose Bonds. On roll call vote: Ald. Oldani Wulf – aye, Ald. Stellner – aye, Ald. Olson – aye, Ald. Smith – aye, Ald. Gonczy – aye, Ald. Giese – aye. Resolution passes. Motion by Ald. Smith, second by Ald. Olson, to approve Vouchers No. 423 through No. 636, expended since the last Common Council meeting of February 13, 2007 in the amount of $1,100,205.82. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee to approve authorization to use 1998 Capital Project Funds for the replacement of the following items: City Hall hot water heater (not to exceed $2,500), Water Softener for the City Hall basement (not to exceed $2,400), and Water Softener for Fire Department (not to exceed $2,700). On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Finance Committee to enter into an agreement with IWORQ, work management software for Board of Public Works Department at a cost not to exceed $2,280.00 per year. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Oldani Wulf, upon recommendation of the Personnel Committee to accept the three-year compensation plan as revised on March 9, 2007. On roll call vote: Ald. Oldani Wulf – no, Ald. Gonczy – no, Ald. Olson – aye, Ald. Giese – no, Ald. Stellner – aye, Ald. Smith – no. Amendment to the motion fails, 4 – no, 2 – yes. Amendment to the Motion by Ald. Gonczy second by Ald. Stellner, that the position of the deputy Finance Director be reconsidered at Finance & Personnel and brought forth to council with a recommendation from F & P and with the input from the study that Ald. Giese is referring to. On voice vote, motion carried. On voice vote, motion passes, 5 to 1. Motion by Ald. Smith, second by Ald. Oldani Wulf, upon recommendation of the Personnel Committee to approve Land Use and Development Director Jason Gilman to attend the ULI (Urban Land Institute) Spring Council Forum in Chicago, IL from May 9, 2007 through May 11, 2007, at a cost not to exceed $856.00. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Personnel Committee to approve Human Resources Specialist Elsa Kulig to attend How to Handle Workplace Complaints to Avoid Costly Lawsuits in Winona, MN on March 19, 2007, at a cost of approximately $60.00. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Personnel Committee to approve the consideration of the City Building Inspector Calvin King being appointed by the Governor to the Conveyance Safety Code Council requiring his attendance at up to two meetings per year. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Oldani Wulf, upon recommendation of the Administrative Committee to approve the above-listed Operator’s Licenses. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Oldani Wulf, upon recommendation of the Administrative Committee to approve the Minds in Motion Bike Tour, Saturday, June 16, 2007, 7 a.m. to 3 p.m. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Stellner, to approve the Law Enforcement Administration Professionals Run/Walk, Thursday, June 21, 2007, 5 p.m. to 7 p.m. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Oldani Wulf, to consider a payment method for attendance of meetings by Common Council members at a rate of deduction of $25 after missing three meetings. On roll call vote: Ald. Oldani Wulf – aye, Ald. Stellner – no, Ald. Olson – no, Ald. Smith – aye, Ald. Gonczy – no, Ald. Giese – no. Motion fails, 4 – no, 2 – yes. Motion by Ald. Giese, second by, upon recommendation of the Board of Public Works to deny the no parking change on the north side of Main Street for 150’ West of 11th Avenue North. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Giese, upon recommendation of the Board of Public Works, to approve Visu Sewers in an amount not to exceed $40,047.50. Motion withdrawn by Ald. Giese, second withdrawn from Ald. Stellner. This item will come back next month. Motion by Ald. Giese, second by Ald. Gonczy, to deny the current retainage of $10,000 to Fowler & Hammer for crack in concrete roof plank at Wild Rose Reservoir. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Board of Public Works to request that Mr. Gillman communicate with the town that the city’s position has not changed relative to replacement or repair and maintaining of the road right of way. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Board of Public Works to approve the extension of the utility plan 400 feet at the cost of the developer. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Stellner, upon recommendation of the Board of Public Works, to approve the purchase of a sanitary sewer camera for televising sanitary sewers at a cost of $15,216. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve the design fees for S E H for various water projects at a price not to exceed $142,879.34. There is also new work included in this in the amount of $14,189.34. On voice vote, motion carried – 5 – yes, 1 – no. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve the bid of A-1 Excavating in an amount of $451,548.90. that is a lower than anticipated bid so there is also a change order involved – Change Order 1 at an additional cost of $39,398.85. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Stellner, upon recommendation of the Plan Commission to approve with 11 conditions the conditional use permit application filed by Gary Blanchard, 1003 Main Street, Onalaska, for the purpose of operating a home occupancy Locksmith Shop, with storefront to serve residential and commercial customers at 1003 Main Street. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Stellner, upon recommendation of the Plan Commission, to approve with 7 conditions the conditional use permit application filed by Stephanie Bentzen, Quality Sign, for Courtesy Corporation to install an LED message sign with animation / video graphics capabilities at 9398 State Highway 16, Onalaska. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Plan Commission to approve with 12 conditions the conditional use permit application filed by Fusheng Lan, 948 Garden Place, Onalaska, for the purpose of operating a home occupation Acupressure Clinic at 48 Garden Place. On voice vote, motion carried – 5 – yes, 1 – no. Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Plan Commission, to approve a purchase of a newsletter. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Plan Commission to approve the schedule for adoption and update of the Unified Development Code. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Plan Commission to approve the Tree Preservation Ordinance schedule for hearing and adoption with the public hearing being held at the May Plan Commission meeting. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, upon recommendation of the Judiciary Committee to give Ordinance 1300-2007 to rezone property located in Section 33, Township 17, Range 7 in the city of Onalaska, LaCrosse County Wisconsin from M-2 Industrial District to M-1 Industrial District (Riders Club LLC 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. 1301-2007 amending section 2-4-8 of Chapter 4 of Title 2 of the Code of Ordinances of the City of Onalaska, relating to the Library Commission its first and second reading. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Gonczy, to give Ordinance 1302-2007 amending Section 8-1-9 of Chapter 1 of Title 8 of the Code of Ordinances of the City of Onalaska relating to Smoke Free Air its first and second reading. On roll call vote: Ald. Gonczy – aye, Ald. Smith – no, Ald. Oldani Wulf – aye, Ald. Olson – no, Ald. Giese – aye, Ald. Stellner – no. Mayor Bialecki broke the tie and voted no. Motion failed. process again, too.” Motion by Ald. Oldani Wulf, second by Ald. Olson, upon recommendation of the Judiciary Committee to give Ordinance No. 1303-2007 to annex lands located in the Southeast Ό of the Northwest Ό and the Southwest Ό of the Northeast Ό all in Section 2, Township 16 North, Range 7 West from the town of Medary to the City of Onalaska its first and second 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. 1304-2007 – to rezone property located in Section 10 Township 16, Range 7 West in the City of Onalaska, LaCrosse County Wisconsin from R-1 Single Family Residential district to B-1 Neighborhood District its first and second reading. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Gonczy, upon recommendation of the Mass Transit Committee to accept the financials for January 2007. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Mass Transit Committee to accept the financials for the 4th Quarter of 2006. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Gonczy, upon recommendation of the Park Board to select Vantage Architects at an amount not to exceed 8.9% of the actual cost of construction. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Park Board to approve this grant application. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, to approve the 2007 summer brochure timeline. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Gonczy, upon recommendation of the Library Commission to change the next meeting date and time to April 2, 20007 at 6 p.m. This change is due to the elections. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Gonczy, upon recommendation of the Library Commission to leave that library sign as it is presently. Motion by Ald. Olson, second by Ald. Giese, upon recommendation of the Shop Relocation Committee, to approve the upgrade of the hallway tile to a much longer On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Giese, upon recommendation of the Shop Relocation Committee to approve the additional $5,527.50 for the upgrade in tile to a longer wearing product for the Break Room. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Giese, to approve the authorization to apply for Safe Routes to school Planning grant. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Oldani Wulf, to approve Resolution 17-2007, recycling agreement with surrounding communities. On roll call vote: Ald. Olson – aye, Ald. Giese – aye, Ald. Smith – aye, Ald. Stellner – aye, Ald. Oldani Wulf – aye, Ald. Gonczy – aye. Resolution passes. Motion by Ald. Gonczy, second by Ald. Smith, 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 (claims against the city relating to vehicle damage at 918 Lake Street) and under Section 19.85 (1)© of the Wisconsin Statutes to consider employment, or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercise responsibility (Police Department Personnel) and under Section 19.85 (1)(g) of the Wisconsin Statutes for the purpose of conferring with legal counsel of 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 pending litigation matters in the Police Department, review of legal contract, mediation with WPPA (Wisconsin Professional Police Association, and negotiations with SORD, (Supervisory Officers Relations Division) and under Section 19.85(1)(I) of the Wisconsin statutes considering any and all matters related to acts by businesses under Section 560.15 which if discussed in public would adversely affect business, its employees and former employees legal representation contract. 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. 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. Motion by Ald. Smith, second by Ald. Stellner, to refer this item back to Police and Fire Commission for approval. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, to refer the posting of the investigator position in the Police Department back to the Police and Fire Commission. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Oldani Wulf, upon recommendation of the Personnel Committee to approve the job descriptions for the positions of City Clerk and Office Clerical Support. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of both the Police and Fire Commission and the Personnel Committee to approve the above policies. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Personnel Committee to approve the letters of understanding with the Wisconsin Professional Police Association as they were included in the packet for the agenda. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Stellner, to deny Claim #CC94-02242007. On voice vote, motion carried, one abstention. Motion by Ald. Stellner, second by Ald. Oldani Wulf, to adjourn at 12:03 a.m. On voice vote, motion carried. Common Council of the City of Onalaska Tuesday, March 13, 2007 Reviewed 3-16-07