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The COMMON COUNCIL of the City of Tomah met in REGULAR SESSION in

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					State of Wisconsin                      May 12, 2009                        City of Tomah
County of Monroe                         City Hall                                  Page 1

The COMMON COUNCIL of the City of Tomah met in REGULAR SESSION, May 12, 2009 at 6:00
p.m. with Mayor Allan “Ed” Thompson presiding.

Following the Pledge of Allegiance, roll call was taken with George Wright, Ted Schleicher, Ron
Olsen, Pete Peterson, Nellie Pater, Dennis Greeno, John Cram and Joanne Westpfahl present.
Absent: None. Also in attendance: City Admin. Jim Bialecki, City Attorney R. Radcliffe, and City
Clerk JoAnn Cram. Gregg Hagen videotaped the meeting.

Motion by Peterson, second by Cram to adjourn to closed session pursuant to State Statute
19.85(1)(e) to confer with legal counsel with respect to deliberating and/or negotiating the
purchasing of public properties and to discuss upcoming Union Bargaining (AFSCME and WPPA
contract negotiations) and non-represented wages. Motion passed without negative vote. Meeting
adjourned to closed session at 6:01 p.m.

Meeting reconvened to open session pursuant to State Statute 19.85(2) for the remainder of
business at 6:35 p.m.

Minutes: Motion by Olsen, second by Wright to approve the April 14, 2009 Regular Common
Council minutes as presented. Motion passed without negative vote.

Motion by Wright, second by Olsen to approve the April 21, 2009 Special Re-Organizational
Common Council minutes as presented. Motion passed without negative vote.

Proclamation Regarding Melisa Thideman Dance Day. This is the 25th year of Melisa’s
DanceArt Center and May 9th is declared Melisa Thideman Dance Day in the City of Tomah.

City Administrator. 1. 2010 Budget. Departments have been provided with the on-line budget
format. At this time, 2% is the overall goal to stay within. 2. Labor Negotiations. AFSCME and
WPPA Agreements expire this year. Notices will be sent to both units to begin the negotiation
process. 3. US EPA – 5 Year Review. EPA inspectors are in town this week. Results will be
provided at the June Council meeting. 4. Monroe County Humane Society. Last month, the
Monroe County Humane Society submitted a proposal to the Council regarding improving facilities
and program. The proposal has been rejected by the City of Sparta. The City of Tomah is
supportive and we are willing to discuss the proposal with other governmental entities. 5. Update
on Long Range Planning Committee. Canadian Pacific representatives did appear at the last
meeting to discuss the possibilities and goals for the railroad property. Vandewalle & Associates
has been hired by the Railroad as a consultant firm.

City Clerk. 1. Audit Update – TIF Audit. The audit is nearing completion and a report should be
available at the June Council meeting. The TIF Audits will be completed in June for the closeout of
TIF #2 and TIF #6. 2. Board of Review and Open Book Dates. Board of Review is scheduled
for June 10, 2009 at 2 p.m. Open Book is scheduled for Wed. & Thurs. May 27 & 28, 2009.

Public Works Director – Water/Sewer/Public Works/Lake. Ken Patterson provided summaries
of the departments. Alderperson Peterson advised he would be interested in a report with more
detail to include what is going to be happening in the City next month, for instance what streets will
be worked on in the upcoming weeks, schedule for trimming of trees, etc. Alderperson Schleicher
also re-iterated that he would also like to see more goal oriented information in the report.
Alderperson Westpfahl would also like to see more detail and a comparison of activities between
this year and last year.

Library Report. Library Director Irma Keller provided an update on activities at the Library. The
Library is gearing up for the summer reading program.

Chamber of Commerce/Convention & Visitors Bureau. Chris Hanson, Ex. Dir. of the Chamber
provided an update on upcoming events. Quarter room tax numbers came in down 3%.
Nationally, room tax is down much more than that. All Chamber members can post job vacancies
free on the Chamber website. Chamber members can also utilize a catalog to advertise and
                                                                             th
promote land they have available. Business After 5 is scheduled for May 20 at the Holiday Inn –
Teacher Appreciation night. The Tractor Pull and Fair are one week later this year. This year’s
July 4th fireworks will be increased by an additional 50% thanks to Burnstad’s Mall. There will be
food and refreshments available at Recreation Park for a couple hours prior to the fireworks.

Police Department Report. Police Chief Wes Revels provided the monthly Police Department
report. A probationary officer tendered his resignation effective April 20th. They are currently
conducting testing for an entry level patrol officer. The Internet Crimes Against Children program
is moving along and an officer is being trained. The Police Department is at $9,150 in their
fundraising efforts for the K-9 replacement.
State of Wisconsin                    May 12, 2009                       City of Tomah
County of Monroe                       City Hall                                 Page 2

Tomah Public Housing & Community Development Block Grant Monthly Report. Director
Rachel Muehlenkamp provided a summarized report for review. A fire occurred at Lakeside
Apartments and damaged two apartments. Reconstruction efforts will start following cleanup. Fire
alarms are being installed at the Manor on McLean Avenue. New boilers have been installed at
the Lakeside apartments and the baseboard heat covers are being replaced. They are fully
occupied at the Manor and hope to be fully occupied at Lakeside once the damaged apartments
are repaired.

Treasurer Report – Cash & Investment Reports April. Third installment of taxes is due May
31st. The installment payment will also be accepted on Monday as the 31st is a Sunday.

Motion by Cram, second by Westpfahl to accept the cash and investment reports for April 2009.
Motion passed without negative vote.

Bartender License – Debra L. Anderson.
Motion by Olsen, second by Peterson to deny the bartender license for Debra L. Anderson due to
a recent alcohol related conviction in Jackson County. Motion passed without negative vote.

Bartender Licenses. Motion by Olsen second by Wright to approve the bartender licenses as
listed with the exception of Teresa Ripp who is denied due to an OWI from August 2008 and for
failure to appear before the Committee of the Whole. Motion passed without negative vote.
Bartender licenses approved as follows: Joshua J. Due, Lisa M. Johnson, Melissa D. Waggoner,
and Mallory D. York.

Class “B” Fermented Malt Beverage License and “Class B” Liquor License for Matthew M.
Anderson, d/b/a Gas Alley Pub, July 1, 2009 – June 30, 2010. Matthew Anderson has applied
for a Class “B” Fermented Malt Beverage License and “Class B” Liquor License for the premise at
1206 Superior Ave. This license is presently issued to Jason Lowry - Wild Woolly’s, however, Mr.
Lowry will be leasing the premise to Mr. Anderson and has not filed for renewal.

Motion by Olsen, second by Wright to approve the Class “B” Fermented Malt Beverage License
and “Class B” Liquor License for Matthew M. Anderson, d/b/a Gas Alley Pub, July 1, 2009 – June
30, 2010 unless sooner revoked. Motion passed without negative vote.

Renewal of “Class B” Liquor and Class “B” Fermented Malt Beverage Licenses
Motion by Olsen, second by Wright to approve the “Class B” Liquor and Class “B” Fermented Malt
Beverage Licenses in the City of Tomah as printed for the period of July 1, 2009 – June 30, 2010
unless sooner revoked with the exception of Chad Roberts of Wise Guys Tap who is denied based
on a request from the State Dept. of Revenue to deny issuance of the license. Motion passed
without negative vote.
    1. Grassman-Sowle-Larsen-Senz AL Post #201 – Douglas Lewis, Agent - The American
        Legion at 800 Wisconsin Avenue
    2. Brahmas LLC – Dinelle Clay, Agent – Brahmas at 1117 Superior Avenue
    3. Tomchadah, Inc. – Chad Madson, Agent – The Break Room at 1123 Superior Avenue
    4. Timothy Callahan – 720 W. Council St – Callahan’s Bar at 1119 Superior Avenue
    5. The Carlton, LLC – Steve Westpfahl, Agent – The Carlton at 309 Superior Avenue
    6. Cranberry Country Lodge LLC – Robert Dippen Agent – Cranberry Country Lodge at 319
        Wittig Road
    7. The Crow Bar of Tomah, Inc. – Troy Gilson, Agent – The Crow Bar at 1206 Superior
        Avenue
    8. Dimensions II, LLC – Patrick Murphy, Agent – Dimensions at 1110 Superior Avenue
    9. SJ Burch LLC – Joan Burch, Agent – Econo Lodge at 2005 N. Superior Avenue
    10. Burnstad Bros., Inc. – Kent Burnstad, Agent – European Restaurant at 701 E. Clifton Street
    11. James Frandsen – 1300 Lincoln Avenue – Franny’s at 1115 Superior Avenue
    12. T & J Hospitality, LLC – Tyson Koput, Agent – Ground Round Grill & Bar, 201 Helen
        Walton Drive, Suite #1
    13. Tomah Hospitality, LLC – David Olson, Agent – Holiday Inn at 1017 E. McCoy Blvd.
    14. Karen Kelsey, 307 W. Jackson Street, Kelsey’s Class Act at 201 Superior Avenue
    15. Allan E. Thompson – 812 1/2 Superior Ave – Mr. Ed’s TeePee at 802-818 Superior Avenue
    16. Kenneth Pierce – 7015 Cty Hwy M – Smoke’s Elbow Room at 114 W. Benton Street
    17. Sportsman’s Bar of Tomah LLC – Dorothy Walker, Agent – Sportsman’s Bar at 1106
        Superior Avenue
    18. Bruce Gilson, Agent, II Zones, LLC – 210 ½ Superior Avenue – Strike Zone at 210
        Superior Avenue

Renewal of Class “A” Fermented Malt Beverage Licenses.
Motion by Olsen, second by Wright to approve the Class “A” Fermented Malt Beverage Licenses in
the City of Tomah as printed for the period of July 1, 2009 – June 30, 2010 unless sooner revoked.
Motion passed without negative vote.
State of Wisconsin                    May 12, 2009                       City of Tomah
County of Monroe                       City Hall                                 Page 3

   1. Casey’s Marketing Company – Nancy Gollmer, Agent – Casey’s General Store #1933 at
      313 N. Superior Avenue.
   2. Kwik Trip, Inc. – Chontell Smart, Agent – Kwik Trip #718 at 1504 Superior Avenue
   3. A-94, LLC – Rupesh Patel, Agent – Hwy. 21 Mobil, 907 E. McCoy Blvd.
   4. Gador, Inc. – Donovan Riedesel, Agent – Tomah Mini Mart at 215 W. Clifton Street

Renewal of “Wholesale Beer” License.
Motion by Greeno, second by Cram to approve the “Wholesale Beer” license for Trausch
Distributing Company – Geoff Gorius, Agent at 1715 Academy Avenue for the period of July 1,
2009 – June 30, 2010 unless sooner revoked. Motion passed without negative vote.
   1. Trausch Distributing Company – Geoff Gorius, Agent – Trausch Distributing at 1715
       Academy Avenue.

Renewal of “Class A” Liquor and Class “A” Fermented Malt Beverage Licenses.
Motion by Greeno, second by Wright to approve the “Class A” Liquor and Class “A” Fermented
Malt Beverage Licenses in the City of Tomah as printed for the period of July 1, 2009 – June 30,
2010 unless sooner revoked. Motion passed without negative vote.
   1. Aldi Inc. – Troy Lenning, Agent – ALDI #52, 1844 N. Superior Avenue
   2. Burnstad Bros., Inc. – Alex Zamarripa, Agent – Burnstad’s Market at 701 E. Clifton Street
   3. Simran Corp. – Hasmukh Patel, Agent – Highway 12 & 16 BP at 1030 E. Clifton Street
   4. A-94 LLC – Rupesh Patel, Agent – Hwy. 21 BP at 311 Wittig Rd.
   5. Kwik Trip, Inc. – Jill McDonah, Agent – Kwik Trip #484 at 124 W. McCoy Blvd.
   6. Kwik Trip, Inc. – Toni Phelps, Agent – Kwik Trip #796 at 310 E. McCoy Blvd.
   7. Lark Inn Inc. – Sharon Larkin, Agent – Lark Inn General Store at 229 N. Superior Avenue
   8. Tomah Quick Stop & Spirit Shop, LLC – Casey B. Purdy, Agent – Tomah Quick Stop &
       Spirit Shop at 201 W. Veterans Street
   9. Wal-Mart Stores East, LP – Amy Wotawa, Agent – Wal-Mart Supercenter #965, 222 W.
       McCoy Blvd.

Renewal of Class “B” Fermented Malt Beverage Licenses.
Motion by Greeno, second by Cram to approve the Class “B” Fermented Malt Beverage Licenses
in the City of Tomah as printed for the period of July 1, 2009 – June 30, 2010 unless sooner
revoked. Motion passed without negative vote.
     1. Stump Lodging, LLC – Ruth Stump Agent – AmericInn Lodge & Suites at 750 Vandervort
        St.
     2. Yu Fang Zhang – China Buffet at 115 W. McCoy Blvd.
     3. Raim Baftiri – Four Star Family Restaurant at 918 E. McCoy Blvd.
     4. Knights of Columbus Corp. – Anthony Felber, Agent – Knights of Columbus Hall, 202 E.
        Juneau Street
     5. ZM Peking Chinese Restaurant, LLC – Jiaona M. Ng, Agent of Peking Chinese Restaurant
        at 1013 Superior Avenue
     6. Northfield Restaurant LLC – Ricky Murray, Agent – Pizza Hut at 1821 N. Superior Avenue
     7. Tomah Softball Association – Mark Johnson, Agent – 400 N. Glendale Avenue (May 15
        through October 31, 2009)

Renewal of “Class C” Wine Licenses.
Motion by Greeno, second by Cram to approve the “Class C” Wine Licenses in the City of Tomah
as printed for the period of July 1, 2009 – June 30, 2010 unless sooner revoked. Motion passed
without negative vote.
    1. Yu Fang Zhang – China Buffet at 115 W. McCoy Blvd.
    2. ZM Peking Chinese Restaurant LLC – Jiaona M. Ng, Agent, Peking Chinese Restaurant at
        1013 Superior Avenue
    3. Northfield Restaurant Corp. – Ricky Murray, Agent – Pizza Hut at 1821 N. Superior Avenue

Cabaret Licenses.
Motion by Wright, second by Olsen to approve the Cabaret Licenses as printed for the period of
July 1, 2009 to June 30, 2010 with the exception of Wise Guys, Chad Roberts who is denied as
the liquor license was denied. Motion passed without negative vote.
    1. Grassman-Sowle-Larsen-Senz AL Post #201, American Legion, 800 Wisconsin Avenue
    2. Dinelle Clay, Brahmas, 1117 Superior Avenue
    3. Tomchadah Inc. d/b/a Break Room Bar & Grill, 1123 Superior Avenue
    4. Timothy D. Callahan, Callahan’s Bar, 1119 Superior Avenue
    5. Alan B. Davis, The Carlton LLC, The Carlton, 309 Superior Avenue
    6. Cranberry Country Lodge, LLC – Cranberry Country Lodge, 319 Wittig Road
    7. Patrick Murphy, Dimensions, 1110 Superior Avenue
    8. James Frandsen, Franny’s, 1115 Superior Avenue
    9. Matthew M. Anderson, Gas Alley Pub, 1204 Superior Avenue
    10. Tomah Hospitality, LLC – Holiday Inn – 1012 E. McCoy Blvd.
    11. Karen Kelsey, Kelsey’s Class Act, 201 Superior Avenue
State of Wisconsin                     May 12, 2009                       City of Tomah
County of Monroe                        City Hall                                 Page 4

   12. Knights of Columbus Corp. – Knights of Columbus Hall, 202 E. Juneau Street
   13. Allan E. Thompson, Mr. Ed’s TeePee, 802-814 Superior Avenue
   14. Kenneth Pierce, Smoke’s Elbow Room, 114 W. Benton Street
   15. Dorothy Walker, Sportsman’s Bar, 1106 Superior Avenue
   16. Bruce W. Gilson, Strike Zone, 202-210 Superior Avenue

Request for Out of State Training. The Fire Chief would like to attend the Fire Rescue
International Conference in Dallas August 25-30, 2009. Funds have been budgeted for the event.

Motion by Wright, second by Peterson to approve the request for out of state training for Fire Chief
Decorah to attend the Fire-Rescue International Conference in Dallas, TX in August 2009. Motion
passed without negative vote.

Application for Dance Permit for American Cancer Society Monroe County Relay for Life.
The American Cancer Society Monroe County Relay for Life has applied for a dance permit for
June 5th to be held in conjunction with the annual Relay for Life event at the Tomah High School
track. The dance would be outside at the Tomah High School parking lot from 9 p.m. to 11 p.m.

Motion by Wright, second by Olsen to approve the dance permit for American Cancer Society
Monroe County Relay for Life for June 5th at the Tomah High School Parking Lot for the hours of 9
p.m. to 11 p.m. on June 5th, 2009 with the group responsible for obtaining a dance inspector.
Motion passed without negative vote.

Discussion and Action on Shared Ride Program.

In August of 2008, the Council authorized making application for funding from the Supplemental
Transportation Rural Assistance Program to begin the start up of the Shared Ride Program. The
DOT has awarded $200,000 for the program. In April, Tomah was approved by the State Joint
Finance Committee to receive federal grant funds totaling $315,000 for capital costs of the
vehicles for the program. These are federal funds administered by the Wisconsin DOT. We are
requesting approval to submit the proposal to the Wisconsin DOT. There is a suggested rate
program for the program as follows: $3 adults, children $2.25, elderly and disabled $2.25 and
seniors (55+) $2.25.       We anticipate implementing this the first of November with additional
requests for future federal funding submitted in October. The State requires that the City assign
someone to oversee this program and City Administrator Bialecki requests that City Treasurer
Julia Rusch be the designee. It is anticipated after the program gets started, that approximately
16 hours per year would be required of Julia. The rates cannot be changed without coming back
to the Council and the City may require the provider to come in and provide monthly reports. The
shuttle is intended to network with Ft. McCoy and Camp Douglas but we are not at that stage yet.
The cost sharing is an 80/20 split with grant funds and city share. If the grant money is no longer
available, the service could no longer be provided by the City.

City Treasurer Julia Rusch advised she checked with other communities and they don’t include a
radius in their proposal. The transportation can go anywhere for $1.75 per mile. A revision was
made removing the radius and including the $1.75 per mile for any destination.

Motion by Cram, second by Peterson to proceed with the Shared Ride Program and authorize the
advertisement of request for proposals (RFPs) for interested parties and subsequently award the
contract with an implementation date of Sept. 1, 2009 and also designate City Treasurer Julia
Rusch to oversee the program. Motion passed with two negative votes (Wright and Schleicher).

City Ordinance Definition of Quorum. Two thirds of the alderpersons constitute a quorum.
There have been occasions that the Common Council and Committees have had difficulty having
a quorum present for regular meetings. The Council is asked to consider adopting an ordinance
change that permits attendance via teleconference. This item is tabled until the June meeting.

Resolution Authorizing the Creation of a Complete Count Committee to Assist the U.S.
Census Bureau in Assuring an Accurate Count of City of Tomah Residents in the Year 2010
Census.        In an effort to obtain the most accurate count possible, the Census Bureau
recommends forming a complete count committee to educate all aspects of the community as to
the importance of completing the census surveys. They suggest members of the church
community, schools, civic organizations, business community, minority populations, senior citizens
and not for profit organizations, etc. be part of this committee.

Motion by Westpfahl, second by Peterson to approve Resolution No. 2009-05-12-15 authorizing
the creation of a complete count committee. Motion passed without negative vote.

Resolution Approving Monthly Bills. Motion by Westpfahl, second by Cram to approve
Resolution #2009-05-12-16 Authorizing Payment of the Monthly Bills as follows: Pre-Paid
State of Wisconsin                      May 12, 2009                        City of Tomah
County of Monroe                         City Hall                                  Page 5

Checks at $1,134,124.05 (Check #’s 102134-102147 & 102296-102318), Payroll at $250,189.28,
Direct Deposit (#19098-19396), Wire Transfers at $18,393.89, Invoices at $200,109.35 (Check #’s
102328-102458) for a total amount of $1,602,816.57. Motion passed without negative vote.

Rehabilitation SR09-4. A request has been made for a deferred payment loan in the amount of
$13,000 for property owners at 1103 Superior Ave. with work item priority order specified in order
to be: 1. Rewire electrical, as needed, to meet code. 2. Bathroom rehab to create one fully
functional bathroom and complete kitchen plumbing repairs; and 3. Replace and/or repair back
entrance stair and porch. Any funds remaining would be put toward the back stairway.

Motion by Wright, second by Olsen to approve Rehabilitation SR09-4, a deferred payment loan in
the amount of $13,000 for home repairs at 1103 Superior Avenue in the order designated. Motion
passed without negative vote.

Rehabilitation SR09-5. A request has been made for a 1% home improvement loan in the
amount of $8,000 for improvements at 1023 McLean Avenue. Work to be completed includes
windows, roof, siding and front porch.

Motion by Wright, second by Olsen to approve Rehabilitation SR09-5, a 1% home improvement
loan in the amount of $8,000 for improvements at 1023 McLean Avenue. Motion passed without
negative vote.

Review request of Anthony Coman – Complete Comfort Heating & A/C, for a Conditional
Use Permit to allow installation of lighted sign over a public sidewalk at 115 W. Council St.,
Original Plat. The Planning Commission held a public hearing on April 30, 2009 and they are
recommending that the conditional use permit to allow installation of a lighted sign over a public
sidewalk be approved at 115 W. Council Street.

Motion by Cram, second by Greeno to approve the conditional use permit as requested by
Anthony Coman of Complete Comfort Heating & A/C for installation of a lighted sign over a public
sidewalk at 115 W. Council Street, Original Plat East ½ of South ½ of Lot 5 & East ½ of Lot 6,
Block 18, Desc in 13CSM44#484432. Motion passed without negative vote.

Ordinance Amending Section 52-9(b) of the Municipal Code of the City of Tomah Regarding
Zoning – Minimum Lot Frontage. The ordinance amendment indicates that the minimum lot
frontage of any lot shall be measured along the minimum building setback line as required for that
district. Lots located on cul-de-sac turn-arounds or curves in the road or lots of unusual shape
may have lot widths of less than those required provided the average of the front and rear lot line
is equal to or greater than the required lot width. In no case, however, shall the front lot line have
a width of less than 75 percent of the required width.

Motion by Wright, second by Cram to waive the first verbatim reading of the ordinance amending
Section 52-9(b) of the Municipal Code regarding zoning – minimum lot frontage. Motion passed
without negative vote.

Motion by Wright, second by Cram to waive the second verbatim reading of the ordinance
amending Section 52-9(b) of the Municipal Code regarding zoning – minimum lot frontage. Motion
passed without negative vote.

Motion by Wright, second by Olsen to adopt Ordinance No. 2009-05-02-D amending Section 52-
9(b) of the Municipal Code regarding zoning – minimum lot frontage. Motion passed without
negative vote.

Ordinance Rezoning Property at 1131 Townline Road, Part of the NW ¼ of NE ¼ (165 Ft. x
264 Ft.) City of Tomah, Monroe County from M-2 General Industrial to R-1 Single Family to
make single family home a conforming use. Jim and Holly Duncan have requested to rezone
the property at 1131 Townline Road from M-2 General Industrial to R-1 Single Family to make
single family home a conforming use.

Motion by Peterson, second by Cram to waive the first verbatim reading of the ordinance rezoning
1131 Townline Road (Jim & Holly Duncan) from M-2 General Industrial to R-1 Single Family to
make the single family home a conforming use. Motion passed without negative vote.

Motion by Wright, second by Cram to waive the second verbatim reading of the ordinance
rezoning 1131 Townline Road (Jim & Holly Duncan) from M-2 General Industrial to R-1 Single
Family to make the single family home a conforming use. Motion passed without negative vote.
State of Wisconsin                    May 12, 2009                       City of Tomah
County of Monroe                       City Hall                                 Page 6

Motion by Wright, second by Cram to adopt Ordinance No. 2009-05-03-D rezoning the property of
Jim and Holy Duncan at 1131 Townline Road from M-2 General Industrial to R-1 Single Family to
make the single family home a conforming use. Motion passed without negative vote.

Ordinance Rezoning Property – Request of Sunny Hills LLC and Dustin Walters to rezone
property at Sunny Hills West Subdivision, City of Tomah, Monroe County, as follows: Lots
2,3,4,47-51 from R-3 Multi-Family to R-1 Single Family, Lots 5-24 from R-1 Single Family to
R-6 Zero Lot Line Residential and Lots 25-46 and Outlot 1 from R-3 Multi-Family to R-6 Zero
Lot Line Residential to allow development of zero lot line homes and to comply with
adjacent property zoning. Brent Brudos – Sunny Hills LLC and Dustin Walters request that the
above stated properties be rezoned as stated above.

Motion by Cram, second by Greeno to waive the first verbatim reading of the ordinance rezoning
property at Sunny Hills West Subdivision, City of Tomah, Monroe County, as follows: Lots
2,3,4,47-51 from R-3 Multi-Family to R-1 Single Family, Lots 5-24 from R-1 Single Family to R-6
Zero Lot Line Residential and Lots 25-46 and Outlot 1 from R-3 Multi-Family to R-6 Zero Lot Line
Residential to allow development of zero lot line homes and to comply with adjacent property
zoning. Motion passed without negative vote.

Motion by Wright, second by Cram to waive the second verbatim reading of the ordinance
rezoning property at Sunny Hills West Subdivision, City of Tomah, Monroe County, as follows: Lots
2,3,4,47-51 from R-3 Multi-Family to R-1 Single Family, Lots 5-24 from R-1 Single Family to R-6
Zero Lot Line Residential and Lots 25-46 and Outlot 1 from R-3 Multi-Family to R-6 Zero Lot Line
Residential to allow development of zero lot line homes and to comply with adjacent property
zoning. Motion passed without negative vote.

Motion by Wright, second by Cram to adopt Ordinance No. 2009-05-04-D rezoning property at
Sunny Hills West Subdivision, City of Tomah, Monroe County, as follows: Lots 2,3,4,47-51 from R-
3 Multi-Family to R-1 Single Family, Lots 5-24 from R-1 Single Family to R-6 Zero Lot Line
Residential and Lots 25-46 and Outlot 1 from R-3 Multi-Family to R-6 Zero Lot Line Residential to
allow development of zero lot line homes and to comply with adjacent property zoning. Motion
passed without negative vote.

Ordinance Rezoning Property – Request of David Birdd – XLT Ltd to Rezoning Property at
corner of Sime Avenue and Brownell Street, Lot 1 of 20 CSM 073 #564526 Part of the SW ¼
of NW ¼, City of Tomah Monroe County from R-1 Single Family to R-3 Multi-Family to allow
development of a planned unit development. There were numerous neighbors that attending
the planning commission meeting. This item is to change the zoning only. Additional discussion
will be held at the Planning Commission regarding the conditional use permit. Mr. Birdd must bring
back an amended conditional use which will need Council approval in June. Alderperson
Schleicher advised he has spoken to neighbors in the area who voiced displeasure with the R-3 28
unit housing facility going in due to increased traffic, noise, and lowering of property values on
adjacent properties. Alderperson Schleicher feels we need to listen more to what the citizens are
saying.

Motion by Peterson, second by Cram to waive the first verbatim reading of the ordinance rezoning
as requested by David Birdd – XLT Ltd to Rezone the Property at the corner of Sime Avenue and
Brownell Street, Lot 1 of 20 CSM 073 #564526 Part of the SW ¼ of NW ¼, City of Tomah Monroe
County from R-1 Single Family to R-3 Multi-Family to allow development of a planned unit
development. Motion passed with two negative votes. (Schleicher and Westpfahl)

Motion by Cram, second by Wright to waive the second verbatim reading of the ordinance
rezoning as requested by David Birdd – XLT Ltd to Rezone the Property at the corner of Sime
Avenue and Brownell Street, Lot 1 of 20 CSM 073 #564526 Part of the SW ¼ of NW ¼, City of
Tomah Monroe County from R-1 Single Family to R-3 Multi-Family to allow development of a
planned unit development. Motion passed with three negative votes. (Schleicher, Westpfahl and
Peterson).

Motion by Cram, second by Wright to adopt Ordinance No. 2009-05-05-D ordinance rezoning the
Property at the corner of Sime Avenue and Brownell Street, Lot 1 of 20 CSM 073 #564526 Part of
the SW ¼ of NW ¼, City of Tomah Monroe County from R-1 Single Family to R-3 Multi-Family to
allow development of a planned unit development as requested by David Birdd – XLT Ltd. Motion
passed with three negative votes. (Peterson, Westpfahl and Schleicher).

Land Lease Agreement Between City of Tomah and Brian Blazek. This land is located near
our east side wells #10 and #11. Some is wetlands and some is not. The lease can be terminated
with 30 days notice if we need the land. The advantage to the City and water utility is that it is
mowed at no charge to us. Mr. Blazek intends to use the land for organic farming purposes only.
State of Wisconsin                     May 12, 2009                       City of Tomah
County of Monroe                        City Hall                                 Page 7

Motion by Wright, second by Cram to approve the land lease agreement between City of Tomah
and Brian Blazek with motion amended to include that the term be for a continuous period until
informed by the City that the City needs the property with a two week vacation notice. Motion
passed without negative vote.


Update on Status of Veterans Memorial Oversight Group – Information Only. Alderperson
Peterson advised they need to finish the site plan, and are still seeking DOT concurrence. The
web site is almost completed and is found at www.tomahwisconsin.com. The group is almost
ready to start fundraising. A pamphlet was distributed regarding fundraising efforts. Advertising
will be in the Tomah Journal and information will be provided through Gregg Hagen’s Sports
Network. If there is anyone that wants to get involved, they should contact Pete Peterson or Ted
Schleicher.

David Varner of 411 Hollister Avenue wished to appear before the City Council regarding
questions and comments pertaining to the Shared Ride Program and funding. City Attorney
Radcliffe informed Mr. Varner that the Council cannot take any action on issues that are not on the
agenda. Mr. Varner was advised to contact his alderperson or the City Administrator or the Mayor
in regard to getting his concerns on the appropriate committee agenda.

Motion by Wright second by Westpfahl to adjourn. Motion passed without negative vote. Meeting
adjourned at 7:47 p.m.


Approved:      Allan “Ed” Thompson, Mayor


Attest:       JoAnn M. Cram, City Clerk
              To be approved 6/9/2009

				
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