The Meeting of the Common Council was called to order at 7:00 p.m. on Tuesday, June 12, 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. Robert Muth, Ald. Tim Miller, Ald. Jim Olson, and Ald. Kim Smith.

Also Present:  City Clerk Cari Burmaster, Finance Director Fred Buehler, City Engineer Jarrod Holter, Land Use & Development Director Jason Gilman, and Fire Chief Don Dominickk.

Excused Absence:  Ald. Clarence Stellner.

Item 2 - Pledge of Allegiance

The Pledge of Allegiance was declared.

Motion by Ald. Olson, 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. Miller, second by Ald. Muth, upon recommendation from the Technology Committee to approve the Code Red 9-1-1 Resolution. On voice vote, motion carried.


Motion by Ald. Smith, second by Ald. Olson, to approve Vouchers No. 1,115 through No. 1,353, expended since the last Common Council meeting of May 8, 2007, in the amount of $2,156,494.99.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Muth, upon recommendation of the Finance Committee to approve the renewal of the Onalaska Police School Liaison agreement for 2007/2008.   On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Muth, upon recommendation of the Finance Committee, to approve renewal of audit contract for 2007/2008.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Muth, upon recommendation of the Finance Committee, to approve Resolution 28-2007, authorizing the City of Onalaska to have its property insured by the Local Government Property Insurance Fund under Chapter 605, Wisconsin Statutes.
On roll call vote:  Ald. Robert Muth – 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. Muth, upon recommendation of the Finance Committee, to approve the renewal of the Joint Municipal Court 2007/2008 Americorps Program.  
On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Muth, upon recommendation of the Finance Committee, to approve material and labor costs to replace air compressor (not to exceed $1,700) and leak repair / re-piping of HVAC system (not to exceed $2,800) at City Hall and authorization to use 1998 Capital Project Funds.   On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance Committee, to pursue a 75/25 grant from the Office of Justice Assistance for portable and mobile radio equipment. On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Muth, upon recommendation of the Finance Committee to change the meeting date/time for the Finance and Personnel meeting for July to Thursday, June 28, 2007, 8 p.m.  Also to change the followings meetings to June 28, 2007:  A & J Meeting at 6:00 p.m., Board of Public Works at 6:30 p.m., Utilities/Mass Transit at 7:30 p.m., and Shop Relocation Meeting at 5:30 p.m.    On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Personnel Committee to adjust the Administrative Assistant compensation to the proposed minimum wage over a two-year period effective March 11, 2007.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Muth, upon recommendation of the Administrative Committee to approve the Operator’s license as updated by city clerk.   On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Administrative Committee to approve the above eight licenses.  On voice vote, motion carried.
 
Motion by Ald. Giese, second by Ald. Muth, upon recommendation of the Administrative Committee, to approve the request from Carolyn K. Sackett to have cremains buried on her mother’s gravesite, Block 93, Lot 6, Grave 2.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Administrative Committee, to approve the fireworks permit for Cornellier Fireworks Company from June 22 to July 5, 2007, at the location of the East Towne Plaza Parking Lot. On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Administrative Committee, to approve the fireworks permit for Cornellier Fireworks Company from June 22 to July 5, 2007, at the location of the Festival Foods Parking Lot.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Administrative Committee to place on hold the consideration of Electric neighborhood Vehicles until the state indicates their status.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Muth, upon recommendation of the Administrative Committee to approve the fireworks permit for LaCrosse Skyrockers at Van Riper Park on July 1st, 2007 at 10 p.m.    On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Muth, upon recommendation of the Board of Public Works, to approve the request for use of alley right-of-way at 426 2nd Avenue South. On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Smith, upon recommendation of the Board of Public Works to accept the Annual Report (CMAR) as written.  On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Smith, upon recommendation of the Board of Public Works, to approve Resolution 27-2007, City of Onalaska, Wisconsin Department of Natural Resources NR 208 Compliance Maintenance Resolution 2006 Onalaska, Wisconsin.  
On roll call vote:  Ald. Kim Smith – aye, Ald. Tim Miler –aye, Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Robert Muth – aye.  Resolution passes.
  					
Motion by Ald. Miller, second by Ald. Olson, upon recommendation of the Board of Public Works to approve review and award bids received for a Tandem Axle cab and Chassis.   On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Olson, upon recommendation of the Board of Public Works to approve Resolution 26-2007,  preliminary resolution regarding sidewalk assessments and set-up public hearing date/time. On roll call vote: Ald. Jim Olson – aye, Ald. Mike Giese – aye, Ald. Kim Smith – aye, Ald. Robert Muth – aye, Ald. Tim Miller –aye.  Resolution passes.
  
Motion by Ald. Miller, second by Ald. Smith, upon recommendation of the Board of Public Works, to approve the authorization to bid out the 2007 Sidewalk Project.  On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Olson, upon recommendation of the Board of Public Works to approve the French Road water system evaluation, including siting of proposed reservoir and booster station and financing of infrastructure costs. On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Muth, upon recommendation of the Board of Public Works, to approve Well #7 and Well #8 electrical upgrades project change orders.  On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Olson, upon recommendation of the Board of Public Works, to approve Well #7 and Well #8 process piping project change orders. On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Smith, upon recommendation of the Board of Public Works to approve the costs for the design of State Highway 35/2nd Avenue with the Wisconsin Department of Transportation.  On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Muth, upon recommendation of the Board of Public Works to approve CenturyTel cable installation along Mason Street and Schnick Road.
On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Olson, upon recommendation of the Board of Public Works to award bid for sale of Clark End Loader. On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Muth, upon recommendation of the Board of Public Works to approve the street opening on Mason Street.  On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Olson, upon recommendation of the Board of Public Works, to approve the Payment Estimates:  Cummins N Power, LLC. On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Plan Commission to table the Adoption of a Tree Preservation Ordinance for the City of Onalaska for 30 days.
On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Muth, upon recommendation of the Plan Commission, to approve with 7 conditions the Annexation petition submitted by French Valley LLC, 1202 County Road PH, Onalaska, for the parcel located at the Southeast quarter of the fractional Northwest quarter of Section 1, township 16, North of Range 7 West, Town of Medary, containing 9.331 acres (Part of Parcel # 9-13-0).  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Olson, upon recommendation of the Plan Commission to request Jason to draft an amendment to the Unified Development Code particularly addressing large scale development as it relates to a letter of credit or bond requirement and the second item is electric signs in various districts.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Smith, upon recommendation of the Plan Commission, to approve the request by Rich Grams and Mark Yahn to move a house to Lot 3 of Germann Court, Onalaska.  On voice vote, motion carried.

Motion by Ald. Muth, second by Ald. Miller, to give Ordinance No. 1305-2007 to annex lands located in the Northeast ¼ of the Southeast ¼ in Section 2, township 16 North, Range 7 West and the Northwest ¼ of the Northwest ¼, the Northeast ¼ of the Northwest ¼, the Southeast ¼ of the Northwest ¼ and the Northwest ¼, of the Southeast ¼ all in section 1, township 16 North, Range 7 west from the Town of Medary to the City of Onalaska (French Valley LLC annexation) its third and final reading.  On voice vote, motion carried.

Motion by Ald. Muth, second by Ald. Miller, to give Ordinance No. 1306-2007 to rezone property located in Section 4, Township 16, Range 7 West in the City of Onalaska, LaCrosse County Wisconsin from R-1-60 Single Family Residential District to R-4 Multi-Family Residential (Diveley Rezoning) its third and final reading.  On voice vote, motion carried.

Motion by Ald. Muth, second by Ald. Miller, to give Ordinance No. 1307-2007 to amend Section 11.4.4 of the Code of Ordinances of the City of Onalaska relating to underage drinking its third and final reading.  On voice vote, motion carried.

Motion by Ald. Muth, second by Ald. Smith, to give Ordinance No. 1308-2007 to annex lands located in the Southwest ¼ of the Southeast ¼ in Section 32 Township 17 North, Range 7 West from the Town of Onalaska to the City of Onalaska (Northern Development Group LLC annexation)  its first and second reading.  On voice vote, motion carried.

Motion by Ald. Muth, second by Ald. Miller, to give Ordinance No. 1309-2007 to amend Title 13 and 14 of the Code of Ordinances of the City of Onalaska relating to the City’s Unified Development Code (First and Second Reading) its first and second reading.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Olson, to accept the contract with Schreiber Anderson Associates concerning the waterfront master plan.  On voice vote, motion carried.

Motion by Ald. Smith, second by Ald. Miller, to accept the Program-of-Projects for 2007 Budget.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Miller, to receive and place on file the financials for April 2007.  On voice vote, motion carried.

Motion by Ald. Muth, second by Ald. Olson, to renew current provider contract for 2008.
On voice vote, motion carried.

Motion by Ald. Olson, second by Ald. Smith, to approve the Room Occupancy figures for April 2007.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Olson, to approve a direct contract with Mathy for pavement of the east parking lot in the amount of $22,375.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Olson, to deny the change order for the door openers in the amount of $1,390.  On voice vote, motion carried.

Motion by Ald. Giese, second by Ald. Muth, upon recommendation of the Shop Relocation Committee, to approve the payment estimates:  HSR, Elert & Associates, First Supply, Thermal Design, Steiger Steel & Fabrication Inc., DS Electric Supply, and any other contractor/ consultant/ supplier.  On voice vote, motion carried.

Motion by Ald. Miller, second by Ald. Olson, to convene in Closed Session to consider a motion to convene in Closed Session under Section 19.85 (1)(g) 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 (mediation regarding Onalaska Police Department litigation, claims against the City relating to slip and fall at the Onalaska Library, Sewer pipe at 711 Monroe Street and Sewer backup at 805 Pierce Street) and under Section 19.85 (1 © of the Wisconsin Statutes for the purpose of considering employment, compensation negotiations or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility (SORD (Supervisory Officers Relations Division) and Interim Police Chief).  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. Robert Muth – aye, Ald. Jim Olson – aye, Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Mike Giese - aye, motion carried to convene in Closed Session.

Motion by Ald. Kim Smith, second by Ald. Jim Olson to pay M. Guenther $686.69 for damages by contractor.  On voice vote, motion carried 5-0.

Motion by Ald. Tim Miller, second by Ald. Robert Muth to deny payment of $1,072.00 for contractor change order dated 4/21/06 #5396 and request payment of $343.35 (1/2 of the $686.69 M. Guenther claim) as settlement from A-1 Excavating Inc.  On voice vote, motion carried 5-0.

Motion by Ald. Tim Miller, second by Ald. Robert Muth to pay the Interim Police Chief a salary not to exceed $88,000 annualized with benefits waived.  The Interim Police Chief will receive 10 days of paid personal leave time for 2007 and an additional 10 days of paid person leave time for 2008.  On voice vote, motion carried 5-0.

Motion by Ald. Jim Olson, second by Ald. Mike Giese to accept recommendation to appoint David Rice as mediator in the City vs. Johnson litigation at no cost to the City.  On voice vote, motion carried 5-0.

Motion by Ald. Kim Smith, second by Ald. Tim Miller to deny claim for sewer backup at 805 Pierce Street.  On voice vote, motion carried 5-0.

Motion by Ald. Kim Smith, second by Ald. Tim Miller to adjourn at 9:27p.m.  On voice vote, motion carried 5-0.


Common Council
of the City of Onalaska
Tuesday, June 12, 2007