The Meeting of the Common Council was called to order at 7:00 p.m. on Tuesday, June 10, 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. Clarence Stellner, and Ald. Kim Smith. Excused Absence: Ald. Jim Olson. Also Present: City Clerk Cari Burmaster, Financial Services Director/Treasurer Fred Buehler, City Engineer Jarrod Holter, and Land Use & Development Director Jason Gilman. Item 2 - Pledge of Allegiance. The Pledge of Allegiance was declared. Motion by Ald. Stellner, second by Ald. Aspenson, 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. Aspenson, second by Ald. Smith, to approve ratification of the appointment of Ald. Bob Muth to the Boundary Agreement Committee – Hamilton, Onalaska, West Salem. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Stellner, to approve ratification of Ted Kothe, 816 Park Avenue to serve on the Library Commission. On voice vote, the motion carried. Motion by Ald. Miller, second by Ald. Muth, to approve ratification of Mark Franz, 533 Stonebridge Avenue to serve on the Technology Committee. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, to approve the resignation of Ald. Tim Miller from the Administrative and Judiciary Committee. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Stellner, to approve the ratification of Ald. Dennis Aspenson to the Administrative and Judiciary Committee. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Muth, to approve ratification of Ald. Dennis Aspenson to the Onalaska Enrichment Corporation (OEC). On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, to accept the Arbor Day Proclamation. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, to approve Vouchers No. 1155 through No. 1384, expended since the last Common Council meeting of May 13, 2008, in the amount of $1,450,219.59. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Finance and Personnel Committee, to approve the sale of up to four City cars and City Hall pickup to the Holmen Auction Service. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Finance and Personnel Committee to approve authorization to contract for background investigation process/service as described by Interim Police Chief Hauser for the Police Chief position and funding for the investigation at a cost not to exceed $5,000. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Finance and Personnel Committee to approve the Family Medical Leave Act forms as presented. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Finance and Personnel Committee, to bring forward 4 key concepts. 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 American Legion to include outside grounds for Community Days, August 22-24, 2008. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Administrative Committee, to approve the Class A Liquor Licenses as printed and on file in the City Clerk’s Office. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Administrative Committee, to approve the Class B Liquor Licenses as printed and on file in the City Clerk’s Office. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Administrative Committee, to approve the Class B Beer Liquor Licenses as printed and on file in the City Clerk’s Office. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Administrative Committee, to approve the Cigarette Licenses as printed and on file in the City Clerk’s Office. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Administrative Committee to approve the Taxi Licenses as printed and on file in the City Clerk’s Office with approval to Running Inc. upon receipt of the application. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Administrative Committee, to approve the Campground/Mobile Home Licenses as printed and on file in the City Clerk’s Office. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Administrative Committee, to approve the weights and measures licenses as printed and on file in the City Clerk’s Office. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Administrative Committee to approve the Hotel/Motel Licenses as printed and on file in the City Clerk’s Office. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Muth, to approve the public hearing date of July 2, 2008, at 6:00 p.m. regarding the proposed ordinance of the prohibition of feeding deer. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Muth, upon recommendation of the Administrative Committee to change the agent for Kwik Trip #377, 1802 East Main Street to Edmund J. Szewezyk. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Administrative Committee to approve fireworks permit for LaCrosse Skyrockers for the salute to The Fourth Symphony and Fireworks, June 29, 2008, at Van Riper Park at approximately 10 p.m. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Board of Public Works to approve Resolution 24-2008 regarding alley pavement improvements and assessments for possible alley pavement improvement assessments between 2nd Avenue North and 3rd Avenue North from King to Locust Street and between 5th Avenue North and 6th Avenue North from King to Locust Street. On roll call vote: Ald. Bob Muth – aye, Ald. Tim Miller – aye, Ald. Dennis Aspenson – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith – aye. Resolution passes. Motion by Ald. Stellner, second by Ald. Muth, upon recommendation of the Board of Public Works, to approve bidding of the 2008 alley paving project. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works, to approve Change Order #1 for removal of 5 trees at a cost of $2,000. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Board of Public Works, to approve Change Order #4 for Well #10 Project in the total amount of $3,500.20 to Olympic Builders. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Aspenson, upon recommendation of the Board of Public Works to approve adaptation of the Wisconsin Department of Natural Resources model ordinance pertaining to grease interceptors and disposal of waste grease into the sanitary sewer system as a new ordinance for the City of Onalaska. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Smith, upon recommendation of the Board of Public Works, to approve the purchase of two replacement single axle dump truck boxes and paint the frames for a total amount of $24,000.00 from Universal Truck Equipment. On voice vote, motion carried. Motion by Ald. Stellner, second by Ald. Miller, upon recommendation of the Board of Public Works to pass Resolution 25-2008 – City of Onalaska, Wisconsin Department of Natural Resources NR 208 – Compliance Resolution 2007, Onalaska, Wisconsin. On roll call vote: Ald. Bob Muth – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Dennis Aspenson – aye. Resolution passes. Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the Plan Commission, to approve modification and update to the Onalaska Unified Development Code (UDC), Section 13-3-3 – Municipal Well Recharge Area Overlay District. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Aspenson, upon recommendation of the Plan Commission, to approve with 6 conditions the rezoning application filed by K & J Investments of LaCrosse, Karl Yanzer, 315 Kenneda Street, Holmen, WI, for the property located at 600 and 622 2nd Avenue South, Onalaska, from B-1 Neighborhood Business District to B-2 Community District for a cleaning services business. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the Plan Commission, to approve with 8 conditions the Subdivision review request filed by Franciscan Skemp, 700 West Avenue South, LaCrosse, WI for a 10-acre parcel located at Lot 7 of Elmwood Business Center, immediately east of the Franciscan Skemp Clinic in Onalaska at Theater Road and Midwest Drive. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Miller, upon recommendation of the Plan Commission, to approve with 8 conditions the Subdivision application filed by Joyce and Mike Diveley, 711 Pleasant Court, Onalaska, for the property located at 702/704 Sand Lake Road, Onalaska. 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 to amend title 10 of the Code of Ordinances of the City of Onalaska relating to Neighborhood Electric Vehicles 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 No. 1331-2008 to amend Section 10-1-27 of the Code of Ordinances of the City of Onalaska relating to parking restrictions (Thomas Court) its third and final 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 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 No. 1333-2008 t o 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 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 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 third and final reading. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Stellner, 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 third and final reading. On voice vote, motion carried. Motion by Ald. Muth, second by Ald. Stellner, 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. On voice vote, motion carried. 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 third and final reading. On voice vote, motion carried. Motion by Ald. Aspenson, second by Ald. Miller, upon recommendation of the Mass Transit Committee, to accept and place on file the Financials of April 2008. On voice vote, motion carried. Motion by Ald. Aspenson, second by Ald. Smith, upon recommendation of the Mass Transit Committee, to reschedule the public hearing date/time for Program-of-Projects for 2008 to July 2, 2008, at 7 p.m. On voice vote, motion carried. Motion by Ald. Aspenson, second by Ald. Smith, to allow the concept of a delegate from LaCrosse Mass Transit or the City of LaCrosse Governmental Body to be a voting member of the Utilities/ Mass Transit Committee. On voice vote, motion failed. Motion by Ald. Miller, second by Ald. Aspenson, upon recommendation of the Park & Rec Board to approve the revisions to the Scholarship Program. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Smith, upon recommendation of the Park & Rec Board to approve the block colors to resemble the Aquatic Center buildings. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Stellner, upon recommendation of the Park & Rec Board to approve the Meier Farm Park as the potential site for the construction of the spray ground. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Aspenson, upon recommendation of the Park & Rec Board to approve the request from Big Brothers/Big Sisters to allow amplified sound during kickball tournament June 28, 2008, with the condition that the amplified sound only be used between 9 a.m. and 8 p.m. on the above-mentioned date. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, to add the condition that no recorded music is played unless they have a license for the music. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Miller, upon recommendation of the Library Commission to approve PR#9 – Electrical changes throughout library, minus changes proposed for Room 116 - $8,019.00. On voice vote, motion carried. Motion by Ald. Smith, second by Ald. Aspenson, upon recommendation of the Library Commission to approve PR#10 – Relocate parking lot stalls in the amount of $6,231.00. On voice vote, motion carried. Motion by Ald. Miller, second by Ald. Muth, upon recommendation of the Technology Committee, to seek authorization to purchase the Scriptlogic (Email Archiving) at a cost not to exceed $6,000. 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) (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 (claims against the City (street paint on residents vehicle, broken sprinkler head at 221 3rd Avenue South and Police Department matters). 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. Bob Muth – aye, Ald. Clarence Stellner – aye, Ald. Kim Smith – aye, Ald. Tim Miller – aye, Ald. Dennis Aspenson – aye. Motion carried to convene in Closed Session. Common Council of the City of Onalaska Tuesday, June 10, 2008 Reviewed 6-13-08