The Meeting of the Common Council was called to order at 7:08 p.m. on Tuesday, May 13, 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 Mike Giese, Ald. Dennis Aspenson, Ald. Bob Muth, Ald. Tim Miller, Ald. Jim Olson, Ald. Kim Smith, and Ald. Clarence Stellner. Also Present: City Clerk Cari Burmaster, Finance Director Fred Buehler, City Engineer Jarrod Holter, and Land Use & Development Director Jason Gilman. Item 2 - Pledge of Allegiance The Pledge of Allegiance was declared. Item 3 - Approval of minutes from previous meeting. Motion by Ald. Smith, second by Ald. Stellner, 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. Aspenson, to approve Resolution 23-2008 Adopting LaCrosse County Multi-Hazards Mitigation Plan – 2008 to 2012. On roll call vote: Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Clarence Stellner – aye, Ald. Jim Olson – aye, Ald. Dennis Aspenson – aye, Ald. Bob Muth – aye. Resolution passes. Motion by Ald. Smith, second by Ald. Aspenson, to approve Vouchers No. 884 through No. 1,154, expended since the last Common Council meeting of April 8, 2008, in the amount of $1,883,909.64. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance and Personnel Committee, to approve postponing the Board of Review to a future date – no later than August 29, 2008. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Finance and Personnel Committee to authorize the Request for Proposal for the City of Onalaska Assessor contract for 2009 through 2012. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Finance and Personnel Committee to approve the purchase of a Kubota lawn mower for the City Cemetery at a cost of $14,896.00. These funds will be coming from the Cemetery Capital Improvement Fund. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Finance and Personnel Committee to approve the Vehicle Policy. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Finance and Personnel Committee to approve the above-listed job descriptions. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Miller, to approve the Out-of-State travel request of Fire Chief Don Dominick and Firefighter Corey Yonkovich to attend Safety and Survival Through Leadership in Washington D.C. on May 27th through May 31st, 2008. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Finance and Personnel Committee to post, advertise and fill the position of the full time police officer. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Finance and Personnel Committee to continue with Gundersen Lutheran for the Occupational Health Services Agreement through the year 2009. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Muth, upon recommendation of the Administrative Committee to approve the Operator’s Licenses as printed and on file in the City Clerk’s Office. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Administrative Committee to approve the Class “B” Liquor License for Buffalo Wild Wings Grill and Bar, 3130 Market Place – opening October 2008. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Administrative Committee to approve the Memorial Day Parade for Onalaska American Legion on Monday, May 26, 2008, from 9 a.m. to 11 a.m. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Administrative Committee to approve the Class B Picnic License for Big Brothers Big Sisters of the Coulee Region for Kickball Tournament at Community Park from June 27-29, 2008. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Muth, upon recommendation of the Administrative Committee to approve the parade permit for University of LaCrosse, Wisconsin Foundation for Motorcycle Procession from National Guard Armory to Vet’s Stadium on Saturday, June 7, 2008, from 5-5:30 p.m. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Administrative Committee to approve the Fireworks permit for Cornellier Fireworks from June 12 to July 5, 2008, at the two above-listed locations. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to not consider traffic calming measures in the form of speed bumps in Holiday Heights. The Street Department will research increased signage and other methods of traffic calming in that area. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Board of Public Works to allow the substitution of the Finance Director for the City Clerk to perform duties of secretary for Board of Public Works. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to approve the quote for surveying services to provide Certified Survey Map (CSM) for wayside acquisition on State Highway 35 to Coulee Region Land Surveyors in the amount of $900.00. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Board of Public Works to deny the request from Hilltopper Refuse and Recycling for options to offset fuel costs for 2008 because of the fact that the monies are not available for this cost and there is a contract with Hilltopper Refuse and Recycling. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to proceed to review bid specifications at a 5-year bid for the refuse and recycling contract with a stipulation that the bidding be open for negotiation for an additional two subsequent years without resubmitting the bid. 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 from Timbers LLC (Mike Tooke) for use of alley right-of-way for stairs at 426 2nd Avenue South. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Board of Public Works to approve the amendment of State/Municipal Agreement between the City of Onalaska, Wisconsin Department of Transportation and Short Elliott Hendrickson (S E H) for the design of the Greens Coulee Signalization project at a cost of $3,545.21. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to approve the 2008 Pavement Maintenance including chip seal, crack filling, and poly fiber patching to LaCrosse County Highway Department at a cost of $144,529. 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 the City Engineer to solicit engineering services for the design of South Kinney Coulee lift station. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Board of Public Works to approve the contract with Hydro Design to perform 136 cross connection inspections for commercial areas within the City in the amount of $17,004. This is contingent upon review and approval of the city attorney. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Plan Commission, to approve the Certified Survey Map submitted by French Valley LLC, for the right-of-way at the north end of French Road. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Board of Public Works, to approve Preliminary Resolution 22-2008 – Proposed public hearing for alley paving between 5th Avenue North and 6th Avenue North between King and Locust Street and between 2nd Avenue North and 3rd Avenue North between King and Locust Street. On roll call vote: Ald. Bob Muth – aye, Ald. Tim Miller – aye, Ald. Jim Olson – aye, Ald. Dennis Aspenson – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith – aye. Resolution passes. Motion by Ald. Stellner, second by Ald. Aspenson, to approve the payment request Estimate #1 to Harry Viner, Inc., for 2008 Utility Project in the amount of $49,365.66. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Board of Public Works to approve the quote from Farner Asphalt Sealers for the poly fiber and crack filling of 9 areas throughout the city at a cost not to exceed $24,000. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Aspenson, upon recommendation of the Judiciary Committee to give Ordinance No. 1328-2008 (Thomas Court) to amend title 10 of the Code of Ordinances of the City of Onalaska relating to Neighborhood Electric Vehicles its first and second reading. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Olson, upon recommendation of the Judiciary Committee to give Ordinance No. 1331-2008 to amend Section 10-1-27 of the Code of Ordinances of the City of Onalaska relating to parking restrictions its first and second reading. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Stellner, upon recommendation of the Judiciary Committee, to give Ordinance No. 1332-2008 to rezone property located in Section 2, Township 16, Range 7 West in the City of Onalaska, LaCrosse County, Wisconsin from R-1 Interim Single Family Residential District to R-1 Single Family Residential (Elmwood Partners) its first and second reading. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Stellner, upon recommendation of the Judiciary Committee to give Ordinance No. 1333-2008 to rezone property located in Section 29, Township 17, Range 7 west in the City of Onalaska, LaCrosse County Wisconsin From R-1 Interim Single Family Residential District to B-2 Community Business District ) (Tooke Rezoning) its first and second reading. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the Judiciary Committee to give Ordinance No. 1334-2008 to rezone property located in Section 29 Township 17, Range 7 West in the City of Onalaska, LaCrosse County Wisconsin From R-1 Single Family Residential District to R-4 Multi-Family Residential (Edwards Rezoning) (its first and second reading. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the Judiciary Committee to give Ordinance No. 1335-2008 to rezone property located in Section 29 Township 17, Range 7 West in the City of Onalaska, LaCrosse County Wisconsin from R-1 Interim Single Family Residential District to R-4 Multi-Family Residential (Tooke Rezoning) its first and second reading. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the Judiciary Committee to give Ordinance No. 1336-2008 to amend Section 13-3-3 of the Code of Ordinances of the City of Onalaska relating to Wellhead Protection its first and second reading. Motion withdrawn by Ald. Muth, second withdrawn by Ald. Miller. No action was taken on this item. Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the Judiciary Committee to give Ordinance No. 1337-2008 to amend Section 10-1-27 of the Code of Ordinances of the City of Onalaska relating to two hour parking on Main Street and Tenth Avenue its first and second reading. On voice vote, motion carried. Motion by Ald. Aspenson, second by Ald. Stellner, upon recommendation of the Mass Transit Committee, to accept and place on file the Financials for March 2008. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Aspenson, to approve Pay Estimate #1 to Vantage Architects for Van Riper Park Shelter in the amount of $18,193.55. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Aspenson, upon recommendation of the Park & Rec Board to approve the weed and fertilizer contract for the year 2008 to River City Landscaping in an amount not to exceed $2,750.00. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Stellner, upon recommendation of the Park & Rec Board to approve the exceptions to items 1 through 8 of the above-listed ordinances. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Aspenson, upon recommendation of the Park & Rec Board to move forward with the consideration of Cooperative Agreement with Mississippi Valley Conservancy for Bluffland Acquisition adjacent to the Greens Coulee Park. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Aspenson, upon recommendation of the Tourism Commission, to approve the Room occupancy figures as listed above. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Aspenson, upon recommendation of the Tourism Commission, to accept the above listed figures for the Discover Onalaska Visitor Guide. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Muth, upon recommendation of the Tourism Commission, to approve the following 2008 Promotional Grants for this year. On voice vote, motion carried. Motion by Ald. Olson, second by Ald. Muth, upon recommendation of the Tourism Commission, to approve the Onalaska Coupon Books. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Library Commission to approve the estimated cost of equipment in the amount of $520,785.00. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Olson, upon recommendation of the Library Commission, that Contract #1 not be awarded due to the fact that no bids were received. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Miller, upon recommendation of the Library Commission, to award the low bid for Library Furnishings to CJ and Associates from New Berlin, Wisconsin, in the amount of $55,901.66. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Library Commission to award the bid for Library Equipment and Shelving to the next low bidder to Corporate Express, Onalaska, Wisconsin, in the amount of $3,496.33. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Miller, upon recommendation of the Library Commission, to award the bid for Library Case Goods (Custom Furniture) to the next low bidder of Direct Office Solutions, in the amount of $42,151.50. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Library Commission to award the low bid for the Book stacks (metal shelves) to Embury Limited, DeForest, Wisconsin in the amount of $65,702.35. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Miller, upon recommendation of the Library Commission to award the alternate bid to Direct Office Solutions in an amount of $21,363.75. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, upon recommendation of the Library Commission to approve the resurfacing of the parking lot in an amount of $21,890.00 at $1.40 per square foot. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, to approve the payment request for Market Materials for owner direct purchases for Library construction project in the amount of $19,075.00. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Muth, upon recommendation of the Technology Committee to authorize and proceed with the purchase of an SSL-VPN Portal Appliance not to exceed $5,000. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Stellner, upon recommendation of the Technology Committee to approve the extension of LockNet contract an additional 3 months. On voice vote, motion carried. Motion by Ald. Aspenson, second by Ald. Smith, to authorize acceptance of the above-listed scholarships to Cari Burmaster for the Master Academy, Green Bay, Wisconsin. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Muth, 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/negotiation of any public employee over which the governmental body has jurisdiction or exercises responsibility (International Association of Firefighter – IAFF Negotiations, Wisconsin Professional Police Association – WPPA, Onalaska Professional Police Association – OPPA, Supervisory Officers Relations Division – SORD) and under Section 19.85 (1) (e) of the Wisconsin Statutes for the purpose of deliberating or negotiating the purchase or acquisition of property (Property adjacent to City Cemetery) and under Section 19.85 (1)(g) of the 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 (Police Department Matters, Dr. Thomas Carr for a real estate tax rebate). 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. Clarence Stellner – aye, Ald. Bob Muth – aye, Ald. Tim Miller –aye, Ald. Dennis Aspenson – aye, Ald. Kim Smith – aye, Ald. Jim Olson - aye, motion carried to convene in Closed Session. Motion by Ald. Dennis Aspenson, second by Ald. Clarence Stellner, to file application to the State of Wisconsin for a portion of the rescinded taxes for Parcel #18-5982-0, located at 344 French Road, owned by Thomas J. Carr and based on the state’s approval, the amount refunded to Thomas J. Carr would be as follows: If the State of Wisconsin approves the rescinded taxes, the portion rescinded would be refunded to Thomas J. Carr. If the state refuses to rescind the taxes, no refund would be due to Thomas J. Carr. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Muth, to adjourn at 9:22 p.m. On voice vote, motion carried. Common Council of the City of Onalaska Tuesday, May 13, 2008 Reviewed 5-16-08