Roll call was taken with the following members present: Ald. Jerry Every, Ald. Ron Gjertsen, Ald. Bob Muth

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1 The meeting of the Administrative & Judiciary Committee was called to order at 6:00 p.m. on. It was noted that the meeting had been announced and posted at City Hall. Roll call was taken with the following members present: Ald. Jerry Every, Ald. Ron Gjertsen, Ald. Bob Muth Also Present: City Administrator Eric Rindfleisch, City Clerk Cari Burmaster, Financial Services Director/Treasurer Fred Buehler, City Engineer Jarrod Holter, Planner/Zoning Inspector Katie Aspenson, Attorney Amanda Jackson of O Flaherty Heim Birnbaum Kirchner & Curtis Item 2 Approval of minutes from the previous meeting The Administrative and Judiciary Committee did not address approving the minutes from the August 2 meeting. Item 3 Public Input (limited to 3 minutes/individual) Ald. Muth called for anyone wishing to provide public input. Jeff Murawski City of La Crosse resident Jeff identified himself as the beekeeper for Clearwater Farms and said he hopes the committee will consider Option B under Item 9. Jeff stated he believes it provides the most flexibility both for the beekeeper and the City of Onalaska regarding enforcement and being able to not only allow licensing and residents to own bees, but also allowing them to be most reactive should there be problems. Jeff said, I don t think there s going to be a [lot] of people [wanting] to keep bees if you make it easier to keep them, marginally due to misconceptions about bees. [There are] a couple of things I want you to consider. Looking at Option B and having the bees screened from view but also putting up a sign that says there are bees here, it seems kind of counterintuitive. Are we trying to hide them, or make them visible? Do we really need to post a personal phone number or post an [address]? [La Crosse] County already requires us to put our name, address, phone number on the hives as well. One of the [other] questions [is], I m wondering, are we trying to hide them or do we need to advertise? Do we want to put a personal phone number there? Also, there s some language in there about not attracting a swarm. We get more honey if they don t swarm. It works out better. They re bees. They re animals. They re going to do what they re going to do. Sometimes they re going to swarm. They re going to go and try to look for another hive. In best-keeping practices, sometimes it s a good idea to have someplace for them to go so that they end up there and you can either do something with them [such as] give them to a friend or give them to another beekeeper or sell them rather than them ending up in your neighbor s shed. It seems like a good idea to allow for that just to

2 minimize property owners from coming into conflict. It is something to consider as well. Jeff concluded by saying he would be happy to answer any questions or address any concerns committee members might have. Lois Riniker nd Avenue North Onalaska I m representing the Cemetery Committee. The reason that I am here is we want to complete Phase 2 out at the cemetery. That means we want to match the black fencing up 12 th [Avenue South] that matches the front on Main [Street]. We would be going down to Hickory Street and then going up to the drive-in entrance just halfway. We know that doing the other half probably would have to be taken down at some point, so we re just going to do that much. We ve gotten a bid from Phillips Fencing for $40,000. This does not include taking down the existing fence or the cement under the fence, but we thought maybe we could get volunteers to take the fence down, or city workers. We are asking you to budget $40,000 so that we can complete that phase. Our committee has worked very hard to get Phase 1 completed, which is Main Street, and we had the wall painted down on 13 th [Avenue South]. We raised over $150,000 from donations, and $40,000 from the [La Crosse] Community Foundation. We ve been told we can t apply again to the [La Crosse Community] Foundation, so that s why we are asking you to budget the $40,000 so we can complete Phase 2. More was done out there than we anticipated, but it was a good thing because it helps the city workers out there in their ease of taking care of the cemetery, and they do a fantastic job. Nancy Tolvstad th Avenue North Onalaska I m here to thank Lois because she has worked so hard to get this cemetery project finished. Our other committee members were Terry Lemke, Tom Kennedy, and Tom Skogen. That s my main thing: [to] give Lois all the credit because she has worked so hard. Jarrod can stand up for her too because he s taken some of what she has to say about what we need to do out there. I m glad we got the project finished, and I m really proud of what we did. Ald. Muth called three times for anyone else wishing to provide public input and closed that portion of the meeting. Consideration and possible action on the following items: Administrative Item 4 Approval of Operator s Licenses as listed on report dated September 6, 2017

3 Cari said she had distributed to committee members an updated list of Operator s Licenses that have been submitted for approval. All of the applicants have undergone a background check with the Police Department, and they all meet approval. Motion by Ald. Every, second by Ald. Gjertsen, to approve the Operator s Licenses as listed on report dated September 6, Item 5 Approval of Class B Beer License for El Cerrito Mexican Restaurant d/b/a El Cerrito Mexican Restaurant, 306 Sand Lake Road, Onalaska, WI Cari said the owner of El Cerrito is taking over the former Tamales restaurant. The start date for the liquor license would be September 17, following approval by the Common Council at its September 12 meeting. Motion by Ald. Every, second by Ald. Gjertsen, to approve a Class B Beer License for El Cerrito Mexican Restaurant d/b/a El Cerrito Mexican Restaurant, 306 Sand Lake Road, Onalaska, WI. Ald. Muth noted the business is still open and asked if it is operating under the previous owner. Cari said the previous owner is there and the name change is on the business outside. Cari said the restaurant is operating as El Cerrito. Item 6 Approval of Change of Agent for Kwik Trip #350, 9421 State Road 16, Onalaska to Stephanie L. Klonecki Cari said Stephanie has undergone a background check with the Police Department and passed approval. Motion by Ald. Every, second by Ald. Gjertsen, to approve a Change of Agent for Kwik Trip #350, 9421 State Road 16, Onalaska to Stephanie L. Klonecki. Item 7 Approval of Special Events Permit for: a. Onalaska High School Homecoming Parade on Friday, September 15, 2017 starting at 2

4 p.m. Cari said this is Onalaska High School s annual Homecoming Parade and noted all the city s departments have given their approval for the event. Motion by Ald. Every, second by Ald. Gjertsen, to approve a Special Events Permit for the Onalaska High School Homecoming Parade on Friday, September 15, 2017 starting at 2 p.m. b. Down Syndrome Awareness Walk on Saturday, September 16, 2017 starting at the Onalaska Omni Center from approximately 8 a.m.-3 p.m. Cari said the application that was submitted for the event has received approval from all the city s departments. Cari said another race (Mini Donut Half-Marathon) is scheduled for that day, but it will be occurring at 7 a.m. and the runners will be cleared out of this area by the time setup for the Down Syndrome Awareness Walk begins at 8 a.m. Motion by Ald. Every, second by Ald. Gjertsen, to approve a Special Events Permit for the Down Syndrome Awareness Walk on Saturday, September 16, 2017 starting at the Onalaska Omni Center from approximately 8 a.m.-3 p.m. Ald. Every said he assumes there are no permit fees on any of the events seeking a Special Events Permit because there will be less than 299 participants. Cari said the organizers for the Down Syndrome Awareness Walk have paid a $250 fee because they stated on the application there will be between 300 and 499 participants. c. Knight Gallop 5K on Saturday, October 7, 2017 starting at Luther High School from approximately 4-6 p.m. Cari said this is a new event and told committee members that Kari Hanson, the Race Director, is in attendance and will answer any questions. Cari noted that all the city s departments have given their approval. Motion by Ald. Every, second by Ald. Gjertsen, to approve a Special Events Permit for the Knight Gallop 5K on Saturday, October 7, 2017 starting at Luther High School from approximately 4-6 p.m.

5 Item 8 Approval of 2018 Cemetery Budget Fred noted the first 1½ pages of Onalaska Cemetery related information is the Tyler software module and said he would first address revenues. The cemetery s 2017 total budget is $58,230, and year-to-date revenues, which are through July, total $55, Fred said the proposed total of $58,550 for the 2018 Budget is based on averaging and estimations. Fred also noted the following: Twenty graves were sold between January and July 2017, compared to 45 during the same period in Twenty graves were opened between January and July 2017, compared to 32 during the same period in Grave prices increased from $780 in 2016 to $820 in 2017 a 5.13 percent increase. Fred said the city has alternated between raising grave prices one year and grave openings the next. Fred said grave openings would increase from $675 to $710 in 2018 (a 5 percent increase) if the committee wishes to modify the price. Fred said the city utilizes an 80/10/10 practice when it sells a lot, meaning 80 percent of the fee goes into the Sale of Lots account; 10 percent goes into the Perpetual Care Matching Revenue account; and 10 percent goes into Capital Improvements. Ald. Every inquired about the $55, total. Fred said this is the amount the city had collected through July. Jarrod noted the $20,600 in 2015 and the $24, in 2017 under the Cemetery Donations account is grant funding from the La Crosse Community Foundation. Jarrod said the city has actually collected $30, in true revenue through July. Fred addressed the cemetery s full-time personnel justification expenditures, noting the city has allocated 60 percent of a 2,080-hour Laborer position for an employee to spend a majority of his time maintaining the cemetery. Five percent has been allocated for office clerical support, and 5 percent has been allocated for the first time in 2018 for Public Works Manager Jim Prindle. Regarding part-time personnel, 50 percent has been allocated of a 1,040-hour, permanent parttime Laborer position. A new 1,040-hour, permanent part-time Laborer position that would have a 28-percent allocation is being proposed for Jarrod noted the part-time positions are allocated between Water, Sewer, and Storm Water. Jarrod said both positions will work more than the 250 and 291 hours that are listed, adding that those are the hours being charged to the cemetery.

6 Fred said he hopes the committee will act upon the 2018 Budget this evening, after which City Administrator Rindfleisch will review it. City Administrator Rindfleisch will present any modifications made to the budget in October to the Common Council. The Common Council will set up a meeting or series of meetings by the Finance and Personnel Committee to go through the entire budget process. Fred noted that health insurance is based on a 15-percent increase and said he probably will know actual figures in less than a week. Fred noted that $63,008 in wages and benefits has been budgeted for 2018, and $15,509 has been budgeted for items including electric and gas, operating supplies, fuel and depreciation. Jarrod said no requests for capital expenditures are being made for 2018, and he noted that the cemetery had paid for a portion of the mini-excavator in Jarrod addressed the Cemetery Committee s request to budget $40,000 to continue the fence around the cemetery, stating, I do show that in future outlay years for the five-year outlay. I felt personally when I went through the budget of what we ve done out there, the project the city did last year was $240,000. [The Cemetery Committee] did raise about $150,000 and got another grant for part of it, but the city put about $70,000 into that project, which did include sidewalk work and storm water work things that were kind of separate from what they did. I did not fund any further improvements in the cemetery in this proposed budget. Fred returned to the Tyler sheet and said putting the expenditures ($78,517) against the revenue ($58,550) shows there will be a deficit of $19,967 in The deficit for 2017 was $17,351, and $19,999 in Fred said he is optimistic the health insurance will not be as high, but he also said he believes the committee should discuss increasing the cost of grave openings. Ald. Gjertsen asked if perhaps the committee also should discuss increasing the cost of grave sales. Fred said that is the committee s decision and reminded Ald. Gjertsen the city attempts to alternate increasing the cost of grave sales one year and grave openings the next. Jarrod said in the past the city has examined different ways of running the cemetery, including selling it or having a private entity control it. Jarrod told committee members that the city s citizens are passionate about the cemetery. Ald. Muth asked if the committee should discuss a proposed price increase. Cari said yes and told committee members their packets include a sheet listing the cemetery s rates that took effect January 1, Cari noted the costs of plots ($820) and infant plots ($275) were increased for 2017 and said these prices would remain the same if the committee follows past practice. Cari said the following price increases for full burials would take effect January 1, 2018:

7 Monday through Friday: $710 (up from $675) Saturday: $885 (up from $840) Sunday and city-observed holidays: $1,000 (up from $950) Monday through Friday infant burials: $290 (up from $275) Saturday infant burials: $370 (up from $350) Sunday and city-observed holidays: $420 (up from $400) Monday through Friday ashes buried in urns (infants and adults): $340 (up from $325) Saturday for ashes buried in urns: $420 (up from $400) Sunday and city-observed holidays for ashes buried in urns: $475 (up from $450) Cari noted the $40 fee for ashes in monument and the $60 fee for a lot transfer likely have remained stagnant and asked if there is any interest in increasing them $5 apiece. Jarrod suggested charging $60 for ashes in monument because there still is coordination involved even though a hole is not being dug for the ashes. Cari suggested increasing the lot transfer fee to $65 due to the amount of paperwork involved. Jarrod noted that a few more new lots were sold in 2016 because the city opened up a new section of the cemetery; specifically, in the upper corner. Motion by Ald. Muth, second by Ald. Every, to adopt the 2018 Cemetery Budget, including a 5- percent increase for full burials, with the amounts listed by City Clerk Cari Burmaster; an increase in the ashes in monument fee from $40 to $60; and an increase in the lot transfer fee from $60 to $65. Ald. Every addressed the cemetery revenues and said the $24, in grant funding should skew our budget upward this year by $24,000. Fred said it will and referred to the balance sheet within the fund balance. Ald. Every noted that expenditures total $63,000 and asked Fred, That would put us where? Fred said there is $155,000 in the fund balance within the cemetery. Fred also noted the city has continually been taking a deficit of between $17,000 and $19,000 each year. Ald. Every said he does not believe the City of Onalaska should be in the cemetery business, and he also said he would like to see the fence finished. Ald. Every said, We should end up better than we expected as far as revenue, so I guess I don t see a reason why we couldn t put at least half of that into an account for the fence.

8 Fred reminded Ald. Every that the city spent $70,000 due to the overruns on the cemetery project. Ald. Every said, But then we have a fund to take care of the overage, and it would be awhile before it gets used up. It s just a thought. Ald. Gjertsen asked if the $70,000 included the sidewalk out front. Jarrod said yes, stating, That s the reason we used some other funds besides just cemetery funds to pay for portions of it. Jarrod also noted the cost of the additional brick was $10,000. Item 9 Proposed ordinances for beekeeping requirements in the City of Onalaska two versions a. Option A minimal changes for review b. Option B change the process from a conditional use permit to an annual license Katie said that at its August 2 meeting the Administrative and Judiciary Committee had made a request to make very specific changes specifically, under (a)(2) of Section 22 of Title 7, Chapter 1 Code of Ordinances to Option A. Katie said this relates to undevelopable properties. Specifically, hives located next to such properties shall be subject to a 3-foot setback. However, the setback would need to be 20 feet if an undevelopable property becomes developable. Katie addressed Option B, which she said has far more extensive changes, the primary being the process would change from a Conditional Use Permit to an annual license. Katie offered to discuss the two proposed ordinances and said there also is an opportunity to merge them together. Ald. Muth said committee members had agreed at the August 2 meeting not to include government inspections in the ordinance. Katie said that is listed in Option B. Ald. Every asked for a definition of non-honeybees and noted they do not qualify for a permit. Ald. Muth noted there is a dangerous species of bees migrating north from Mexico and said their behavior is unacceptable to Wisconsin law. Ald. Every referred to the 100-foot limit for notifying someone and noted that most of the lots are 50 feet. Ald. Every said, If that s on the far side of somebody s lot, 100 feet only affects the

9 house next to them [or] maybe two down the other way. Is 100 feet enough? Katie said the 100 feet that is part of Option B is from the actual location of the hive itself and stated, Maybe in a corner, and depending on how the lots come together, it could limit. The Conditional Use Permit is a 250-foot boundary from the entire property. The amount of people who are going to be notified is further with the Conditional Use Permit process that we have today. Amanda said that when different ordinances from different cities were examined, primarily the most common type of setup would be the license setup across the State of Wisconsin for various municipalities. The range in notification ranged anywhere from about 100 to 300 feet. It kind of was everything in between. Amanda referred to the memo she had prepared for committee members and said, I think this is a little bit more akin to what licenses typically cover rather than a Conditional Use Permit, which seems to be a little overkill for something like bees. City Administrator Rindfleisch said he believes having a license seems to be more logical. However, City Administrator Rindfleisch also said there is still is the question of giving notice to neighbors, which is required by a CUP. City Administrator Rindfleisch said there is flexibility within Option B to increase the range in notification to 250 feet. Ald. Every noted Option B states individuals who wish to keep bees must notify neighbors themselves and submit proof that they have done so. Ald. Every also said he is uncomfortable with 100 feet and suggested perhaps 150 feet is more suitable. Ald. Every referred to the proposal for Option B, noting it discusses the procedure and states must apply for a permit. Ald. Every said he believes it instead should read licensing or licensure. Cari said she believes permit and license are utilized interchangeably, noting that licenses are used when discussing animals and permits are used when discussing parades. Ald. Muth referred to (f)(ii) under Option B, which reads in part: The first renewal permit shall only be granted subject to the proof of completion of an inspection by a State Apiary Inspector or by a member of a local beekeeping organization approved by the City Inspection Department that occurred during the hives first year. Ald. Muth asked, Do we have one in mind? City Administrator Rindfleisch said the language is based on a recommendation and common practice. Knowing that this committee has been unanimous about not having any state inspection, that section can be removed. Amanda noted there is a local beekeeping organization in La Crosse County and said the idea is to keep communication open and ensure the individuals who keep bees understand the responsibilities of doing so.

10 Motion by Ald. Every, second by Ald. Gjertsen, to approve Option B for beekeeping requirements in the City of Onalaska. Ald. Muth asked Ald. Every if he wishes to change the distance from 100 feet, noting that the distance for all other city notifications is 250 feet. Ald. Every said he would recommend making the change. Cari said she believes there will be other changes, noting that the licensing year for animals falls from January 1 to December 31. Cari said the license is due January 1, but there is a grace period for dogs and cats until April 1. Cari also said she would prefer to see the license expiration date be December 31 and bees should be licensed by January 1. Cari noted she did not see a reference to late fees and said the city charges a $25 late fee per animal pertaining to dogs and cats after the grace period. Amanda said it would technically fall under a violation penalty. Cari said the city has its fee schedule and stated, I would need that to agree with what our dogs and cats are saying with reference to the fee schedule on the late fee and if you want that same grace period. I would prefer to have them the same so they re easier for staff to take care of. Cari said the citation process would begin if someone does not pay the license and the late fee, and she asked if the same citation process may be followed. Amanda said yes. Cari said she is unsure if there is a fee for the license and that area needs to be addressed. Cari said the 250-foot list would be provided by the Planning Department, and the city also must prepare the notice that would be distributed. Amanda asked Cari if it would be easier for her if she were to bring a whole packet of everything to the October 4 Administrative and Judiciary Committee meeting. Cari said she thinks so and stated, We need agreement here that that s what we want because those are just the issues that I see from my point going into licensing that aren t addressed in there. Cari said it is her understanding that the committee approves of Option B, but some revisions are necessary. Cari suggested bringing back this item to the October 4 meeting with the changes that are noted. Cari said once committee members are satisfied with the revisions, staff then can bring this item back through Judiciary in ordinance form at the November 8 meeting. Motion restated:

11 To approve Option B for beekeeping requirements in the City of Onalaska, with additional changes coming before the Administrative and Judiciary Committee at its October 4 meeting. Item 10 Miscellaneous licensing reporting Cari noted she had distributed a handout listing additional recreational burning permits. Cari also noted one license was issued for a solicitor who will be distributing literature. Motion by Ald. Muth, second by Ald. Every, to approve the miscellaneous licensing reporting. Judiciary Item 11 Ordinance to amend Title 10 Chapter 1 Section 27 of the City of Onalaska Code of Ordinances related to Parking Restrictions (Third and Final Reading) (East Avenue/Spruce Street/Green Bay Street) Motion by Ald. Muth, second by Ald. Gjertsen, to approve Ordinance to amend Title 10 Chapter 1 Section 27 Code of Ordinances related to Parking Restrictions (Third and Final Reading) (East Avenue/Spruce Street/Green Bay Street). Ald. Muth noted that Northern Hills Elementary School is located by East Avenue and Spruce Street. Jarrod noted that city staff has had difficulties plowing Green Bay Street during the winter months due to its narrow width. Item 12 Ordinance to amend Title 10 Chapter 1 Section 27 of the City of Onalaska Code of Ordinances related to Parking Restrictions (Third and Final Reading) (Green Street) Motion by Ald. Muth, second by Ald. Gjertsen, to approve Ordinance to amend Title 10 Chapter 1 Section 27 Code of Ordinances related to Parking Restrictions (Third and Final Reading) (Green Street).

12 Item 13 Ordinance to amend Title 10 Chapter 1 Section 27 of the City of Onalaska Code of Ordinances related to Parking Restrictions (Third and Final Reading) (Riders Club Road) Motion by Ald. Gjertsen, second by Ald. Muth, to approve Ordinance to amend Title 10 Chapter 1 Section 27 Code of Ordinances related to Parking Restrictions (Third and Final Reading) (Riders Club Road). Item 14 Ordinance to rezone property located in Section 11 Township 16 Range 7 in the City of Onalaska, La Crosse County, Wisconsin from Light Industrial (M-1) with an I-90 Economic Overlay to Multifamily Residential (R-4) (Third and Final Reading) (Bakken Farm/Memory Care Unit, Kinney Coulee Road North) Motion by Ald. Gjertsen, second by Ald. Muth, to approve Ordinance to rezone property located in Section 11 Township 16 Range 7 in the City of Onalaska, La Crosse County, Wisconsin from Light Industrial (M-1) with an I-90 Economic Overlay to Multifamily Residential (R-4) (Third and Final Reading) (Bakken Farm/Memory Care Unit, Kinney Coulee Road North). Item 15 Ordinance to amend Section of the Code of Ordinances of the City of Onalaska relating to Destruction of Property Prohibited (First and Second Reading) Motion by Ald. Muth, second by Ald. Gjertsen, to approve Ordinance to amend Section of the Code of Ordinances relating to Destruction of Property Prohibited (First and Second Reading). Ald. Every asked, In the destruction of property, if somebody puts a sign or poster of their own on, is that considered trespassing? If not, I d like to see that included in there because it is a trespass on our property. Ald. Muth said there are ordinances addressing individuals who, for example, place rummage sale signs on stop signs. Ald. Every noted the city s code currently says households. Cari read the following from (a): nor shall any person or organization place or permit to be placed any sign, poster, advertisement, notice or other writing upon any utility ornamental

13 light pole or other public structure belonging to the City without the consent of the proper authority. Cari asked Ald. Every if that is what he is referring to. Ald. Every said yes and suggested asking City Attorney Sean O Flaherty about adding another item if it is considered to be trespassing. City Administrator Rindfleisch said that would be a different section of the code. Ald. Gjertsen asked, Is this arising from what s been going on in town? City Administrator Rindfleisch said yes, noting it is a way of cleaning up some of the confusion within the city s ordinances. City Administrator Rindfleisch referred to a particular case of where there was a challenge within the Police Department of which ordinance to write underneath. City Administrator Rindfleisch said, This becomes a bit more encompassing. Instead of focusing on the meaning, it focuses on the act of willfully marking or damaging property without permission. Ald. Every asked if (c) ( Graffiti Prohibited ) should read: No person may write, paint, draw or deface in any way any inscription, figure, or mark of any type of any public building Ald. Every also noted there is no mention of a fine, only fees and expenses, under b ( Abatement ) and said he believes there should be a fine posted as well. City Administrator Rindfleisch said the fines are all itemized elsewhere in the Code of Ordinances. Ald. Muth, a retired City of Onalaska police officer, said he would issue someone a citation for violating a particular ordinance and the fine is listed in the officer s book. City Administrator Rindfleisch said there is an effort to apply fees somewhere else and not in the actual ordinances. Item 16 Ordinance to amend Chapter 4 of Title 8 of the Code of Ordinances relating to City Cemetery (First and Second Reading) Cari said that when the fee structure was done in 2016, staff went through all the ordinances and attempted to remove all the fees from the ordinance and section and refer to the fee schedule the city now has. This way, the ordinances do not need to be changed every time the fees are changed. Cari noted this section was missed and said Section 8-4-3(b) ( Price of Lots ) was still present and has been removed. Section 8-4-3(d) ( Cemetery Deed and Transfer Charge ) still had the fee, and it has been removed. Section 8-4-3(e) ( Marker and Monument Fee ) was still

14 present and has been removed. The two cremains referred to under Section 8-4-8(a)(15) has been changed to four cremains. Section 8-4-8(d) still had the ashes in the monument fee, and this has been removed. Cari said all the fees have been removed and a reference to the fee schedule has been made. Motion by Ald. Muth, second by Ald. Gjertsen, to approve Ordinance to amend Chapter 4 of Title 8 of the Code of Ordinances relating to City Cemetery (First and Second Reading). Adjournment Motion by Ald. Every, second by Ald. Muth, to adjourn at 7:01 p.m. Recorded by: Kirk Bey