The Meeting of the Common Council was called to order at 7:00 p.m. on Tuesday, April 10, 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 in attendance: Land Use and Development Director Jason Gilman, City Engineer Jarrod Holter, Finance Director Fred Buehler, and City Clerk Cari Burmaster. 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 Vouchers No. 637 through No. 872, expended since the last Common Council meeting of March 10, 2007 in the amount of $2,573,923.94. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Finance Committee to approve the authorization to proceed with the process of obtaining a State Trust Fund Loan for the Community Development Authority – Omni Center to purchase additional equipment not to exceed $115,000. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Finance Committee to approve the sale of the 1994 Ford ½ ton pick-up truck with 81,704 miles. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee to approve the City/C.D.A. (Community Development Authority) – Omni Center involvement with ASCAP (American Society of Composers, Authors and Publishers) payment to ASCAP in the amount not to exceed $284.00. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee to approve authorization to pursue the “Click It or Ticket Mobilization Enforcement Grant.” On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Personnel Committee to approve the job description for the Building and Grounds Superintendent. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Personnel Committee to approve Troy Miller to attend two out-of-state trainings for Internet Crimes Against Children Task Force (ICAC). On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Personnel Committee to approve the authorization to pursue a limited term interim Deputy Finance Director position and to use the funds from Account #100-51411-336. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Gonczy, upon recommendation of the Personnel Committee to approve the reauthorization to post and advertise for two Police Patrol Positions. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Oldani Wulf, upon recommendation of the Administrative Committee to approve the 16 above-listed Operator’s Licenses. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Stellner, upon recommendation of the Administrative Committee to approve the parade permit for Onalaska American Legion for Memorial Day Parade, May 28, 2007 – 9:30 a.m. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to accept the bid of $32,473 with a 10% reserve and authorization for $2,000 in additional work for the 2007 Sanitary Sewer Slip Lining Project. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to award the bid for the 2007 General Concrete Construction to Steiger Construction in the amount of $31,467.50. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve the Urban Non-point Source and Storm Water Planning Grant application. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve Resolution 19-2007 to apply for an Urban Non-point Source and Storm Water Planning Grant application. On roll call vote: Ald. Diane Oldani Wulf – aye, Ald. Gary Gonczy – aye, Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith – aye. Resolution passes. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve the Storm Water Management Public Education and Outreach Cooperative Agreement with LaCrosse County Urban Storm Water Group. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve Resolution 20-2007 Joint Storm water Grant application and Joint Public Education and Outreach effort. On roll call vote: Ald. Clarence Stellner - aye, Ald. Diane Oldani Wulf - aye, Ald. Gary Gonczy – aye, Ald. Mike Giese – aye, Ald. Kim Smith – aye, Ald. Jim Olson – aye. Resolution passes. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve the 2007 pavement maintenance, including chip seal in an amount not to exceed $130,493.00. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve the crack filling and poly fiber patching in the amount not to exceed $38,000 with Bergman Companies Inc On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to award the bid for the 2007 Water Valve Replacement Project to Hess Excavating in the amount of $30,878.00. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to award the bid for the tractor to Portland Implement in the amount of $25, 311.00. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to approve the Barson Village Utility Plan. On voice vote, motion carried. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Board of Public Works to award the contract for the Radio Path Survey for SCADA (Supervisory Control and Data Acquisition) project to Instrument Control Systems in the amount of $6,280.00. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Plan Commission to approve with 9 conditions the rezoning request filed by Mike & Joyce Diveley, 711 Pleasant Court, Onalaska, to rezone the property located at 907 Main Street from R-1-60 to R- 4 – Multi-Family Residential for the purpose of building a 6-unit condominium project. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Plan Commission to approve with 12 conditions the Conditional Use Permit application filed by Mike & Joyce Diveley, 711 Pleasant Court, Onalaska, for the purpose of developing a planned residential condominium development at 907 Main Street. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Oldani Wulf, upon recommendation of the Plan Commission on a five to one vote to approve with 8 conditions the conditional Use Permit application filed by Kwik Trip Stores Inc., 1626 Oak Street, LaCrosse, WI 54603, for the purpose of installing an electronic message center (sign) on an existing pole at 408 Sand Lake Road, Onalaska. On roll call vote: Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Kim Smith – no, Ald. Clarence Stellner – aye, Ald. Diane Oldani Wulf – no, Ald. Gary Gonczy – Abstain. Motion passes. Motion by Ald. Giese, second by Ald. Stellner, upon recommendation of the Plan Commission to approve with 8 conditions the conditional Use Permit application filed by Kwik Trip Stores Inc., 1626 Oak Street, LaCrosse, WI 54603, for the purpose of installing an electronic message center (sign) on an existing pole at 229 Oak Forest Drive, Onalaska. On voice vote, motion carried - five yes, one abstention. Motion by Ald. Giese, second by Ald. Stellner, upon recommendation of the Plan Commission to approve with 8 conditions the conditional Use Permit application filed by Kwik Trip Stores Inc., 1626 Oak Street, LaCrosse, WI 54603, for the purpose of installing an electronic message center (sign) on an existing pole at 950 2nd Avenue North, Onalaska. On voice vote, motion passes – five yes, one abstention. Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Plan Commission, to approve with 8 conditions the conditional Use Permit application filed by Kwik Trip Stores Inc., 1626 Oak Street, LaCrosse, WI 54603, for the purpose of installing an electronic message center (sign) on an existing pole at 1802 East Main Street, Onalaska. On voice vote, motion carried – five yes, one abstention. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Plan Commission, to approve with 11 conditions the Stealth determination and Conditional use Permit application filed by Steve Behm / Orion Construction agent for Luther High School, 1501 Wilson Street, Onalaska, for the purpose of erecting a stealth cell tower (flag pole) at Luther High School. On voice vote, motion carried – five yes, one no. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Plan Commission to approve with 8 conditions the Conditional Use Permit filed by Dick Rogers, agent for Sprint Alamosa, 100 West Henry Clay Street, Whitefish Bay, WI 53217, for the purpose of installing equipment on an existing tower located at 3264 George Street, Onalaska. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Plan Commission, to approve the Lot amendment to the Country Club 2nd Addition applied for by Dave Beinborn, Beinborn Brothers Construction, N1206 Continental Lane, LaCrosse, WI 54601, for the owners Bill and Jane Vandervennet to reconfigure Lots 72 & 77 in order to site a new home. 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 annexation petition filed by ASI Holdings, LLP, LaCrosse Country Club, Elmwood Partners Limited Partnership, French Valley LLC and Davey Properties, LLP and adjacent right of way for the properties containing 100.8 acres. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Smith, 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 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. 1303-2007, to annex lands located in the Southeast ¼ of the Northwest ¼ and the Southwest ¼ of the Northeast ¼ all in Section 2, Township 16, North, Range 7 West from the Town of Medary to the City of Onalaska (Elmwood Partners Annexation) its third and final reading. On voice vote, motion carried. Motion by Ald. Oldani Wulf, second by Ald. Stellner, 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 third and final reading. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, to accept the Financial Report from Mr. Running for February 2007. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Park & Recreation Board to approve the Community Center Re-roof and siding project, Bid Alternate B in an amount not to exceed $20,750 to Quality Builders. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Oldani Wulf, upon recommendation of the Park & Recreation Board to approve the quotes for portable toilets to Holmen Portable Sanitation for the summer of 2007 in an amount not to exceed $1,178.00. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Park & Recreation Board to approve weed control and fertilizer quotes in an amount not to exceed $2,639.00 to River City Landscapers. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Library Commission to approve the storage space for “Friends of the Library” in the basement of City Hall. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Shop Relocation Committee to approve the change order for electrical and data connection revisions in the amount of $980.10. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Shop Relocation Committee to approve the change order for the floor coating in the heated area of the shop in the amount of $4,650.00. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Oldani Wulf, upon recommendation of the Shop Relocation Committee to approve the credit of $2,275.00 in regard to the vapor barrier under the concrete floors. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Shop Relocation Committee to authorize the change order to remove the caulk joint in concrete floor adjacent to trench drains at a savings of $418.18. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Shop Relocation Committee to authorize the consultant to commit to the T1 Line with a one time fee of $1,870.00, hardware costs of $10,000, which will then require a monthly lease of $272.00 for communications and computer options for new building, including possible connection to City Hall networks and phone system. On voice vote, motion passes – five yes and one abstention. Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Shop Relocation Committee to approve the payment estimates: HSR, Wieser Brothers, Elert & Associates, First Supply LLC, DS Electric, Steiger Steel & Fabricating Inc., Thermal Designs and any other contractor / consultant supplier. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Oldani Wulf, upon recommendation of the Historic Preservation Commission, that the historic site and footings of the lumber era on the city’s waterfront be considered at the next Long Range Planning Commission meeting as part of the waterfront master plan for consideration of a locally designated landmark. On voice vote, motion carried. Motion by Ald. Giese, second by Ald. Gonczy, upon recommendation of the Historic Preservation Commission to investigate potential grant funding for the Lumber Baron Inn Carriage House. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Olson, upon recommendation of the Historic Preservation Commission, to approve the designation of May as Archaeology Month and for Jason and Jean Lunde to work with the University in implementing some sort of program for the month of May to honor Archaeology Month. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Giese, upon recommendation of the Historic Preservation Commission to include language in the Tree Preservation Ordinance to look at historic trees as well as other species that have significance. On voice vote, motion carried. Motion by Ald. Gonczy, second by Ald. Oldani Wulf, to approve Resolution 22-2007 regarding zoning and subdivision regulations. On roll call vote: Ald. Kim Smith – aye, Ald. Gary Gonczy – aye, Ald. Diane Oldani Wulf – aye, Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Clarence Stellner - aye. Resolution passes. Motion by Ald. Smith, second by Ald. Oldani Wulf, to convene in closed session to consider a motion to convene in Closed Session under Section 1985 (1)© of the Wisconsin Statutes for the purpose of considering employment, promotion, compensation, or performance evaluation data of any public employee over which a governmental body has jurisdiction (Police Department) and under Section 1985 (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 the strategy to be adopted by the body with respect to litigation when it is likely to become involved of pending litigation matters (Police Department). 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. Diane Oldani Wulf – aye, Ald. Gary Gonczy – aye, Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith - aye. Motion passes. Motion by Ald. Clarence Stellner, second by Ald. Jim Olson to adjourn at 8:53 p.m. On voice vote, motion passed. Common Council of the City of Onalaska Tuesday, April 10, 2007 Reviewed 4-13-07