1.  CALL MEETING TO ORDER
 
A regular meeting of the City Council was called to order by President Mielke at 7:00 p.m. in the Council Chambers of the Municipal Building.

2.  ROLL CALL
 
On call of the roll, members present were:
Loren Gray
Davin Lescohier
John Mielke
Richard Schultz
Mark Zastrow

Also present were the City Manager, City Clerk/Treasurer, City Engineer, City Attorney and Building Inspector/Safety Director.

3.  APPROVAL OF MINUTES OF APRIL 21, 2009 REGULAR COUNCIL MEETING

Cm. Gray, seconded by Cm. Schultz, moved to approve the minutes of the April 21, 2009 regular Council meeting. The motion carried on a voice vote.

4.  PUBLIC HEARINGS

    a.  PUBLIC HEARING ON REVISED FLOODPLAIN ORDINANCE AND MAPS.

Pres. Mielke opened the public hearing on the revised floodplain ordinance and maps and stated if anyone wished to speak on this topic, he or she should come to the podium and state his or her name and address for the record.

After three calls and hearing no comments, Pres. Mielke closed the public hearing.

5.  PETITIONS, REQUESTS AND COMMUNICATIONS

    a.  REQUEST FOR SIZE AND TIME FRAME VARIANCES TO SIGN CODE BY RAVENWOOD FINE FURNITURE & DESIGN, 234 SOUTH MAIN STREET.

The City Manager said the request is to put up a six-foot by 40-foot sign, as well as to extend the time frame the Code allows for the sign to be up. Cm. Gray asked what the maximum allowable size for a sign like this is, and if the standard time frame limit is 90 days. The Building Inspector said that it is limited to 90 days, but not to be in two consecutive quarters. According to the Code, the maximum size of a sign allowed is 128 square feet, and they are requesting one to be 240 square feet. Cm. Gray then asked if this is the only location the sign will be appearing, to which Sandy Mayer, representing Ravenwood, replied this is the only location. Sandy Mayer also indicated the sign would be a vinyl banner type sign with yellow background and black letters.

Cm. Zastrow, seconded by Cm. Schultz, moved to approve the request for the size and time frame variances to the Sign Code for Ravenwood Fine Furniture & Design at 234 South Main Street. The motion carried on a voice vote.

6.  RESOLUTIONS AND ORDINANCES

    a.  REVIEW AND APPROVE REVISED FLOODPLAIN ORDINANCE AND MAPS.

The ordinance was displayed on the overhead projector at this time.

The City Manager said there are a number of steps that are required to be followed to be in compliance with the adoption of the Ordinance, including a meeting of the Planning Commission, a public hearing at a Council meeting and the final adoption. All of this needs to be completed by June 2, 2009. By adopting this updated Ordinance and maps, the City is eligible for the National Flood Insurance Program so that in the event a property is flooded, the owner would be eligible for flood insurance. The City Manager also informed the Council that there were 87 notices mailed to property owners affected by the change in the floodplain boundaries, with approximately 20 of those contacting the City for more information.

The Building Inspector then reviewed the maps with the Council. He said the main properties that were affected were in the East Milwaukee Avenue and East Sherman Avenue areas. Cm. Gray asked the Building Inspector if this would impact a property owner's ability to make changes to their property. The Building Inspector said it could affect them if they want to build in a location that previously was not in the floodplain, but now is; there would be extra regulations that they would have to meet. If the property owner feels his or her property was included in the floodplain and shouldn't have been, they could have a survey done and apply to FEMA for a map adjustment.

Cm. Zastrow, seconded by Cm. Gray, moved to suspend the rules and move the Ordinance through its second and third readings. On call of the roll, the motion carried unanimously.

Cm. Zastrow, seconded by Cm. Gray, moved to approve and adopt the revised Floodplain Ordinance and maps. On call of the roll, the motion carried.

7.  REPORTS OF OFFICERS, BOARDS AND COMMITTEES

    a.  APPOINTMENT OF COMMITTEE MEMBERS BY COUNCIL PRESIDENT.

Cm. Zastrow, seconded by Cm. Schultz, moved to accept the appointments of the following Committee and Board members by the Council President.

The motion carried on a voice vote.

The City Manager reviewed the following Committee appointments and reappointments with the Council.

Cm. Schultz, seconded by Cm. Zastrow, moved to accept the following Board and Committee appointments and reappointments.

    b.  Appointment of Todd Dailing to the Airport Committee for a four-year term.

    c.  Appointment of Tom Kohls and Karen Reinhardt to the Cable Television Committee for five-year terms.

    d.  Reappointment of Larry Whitmore, Jeff Armstrong, Robert Thomas and Thomas Carl to the Board of Electrical Examiners for one-year terms.

    e.  Reappointment of Jan Kraus to the Historic Preservation Commission for a five- year term.

    f.  Reappointment of Ann Engelman to the Dwight Foster Public Library Board for a three-year term.

    g.  Appointment of Donna Kay Kohls and reappointment of Mark Pollex to the Park & Recreation Advisory Board for three-year terms.

    h.  Appointment of Roz Highfield and Angela Stafford to the Planning Commission for three-year terms.

    i.  Appointment of Jude Hartwick to fill unexpired term to 2011, appointment of Bill Beyer to fill unexpired term to 2012, and reappointment of John McIntyre to the Police and Fire Commission for five-year terms.

    j.  Appointment of Steve Zambo to the Tourism Committee for a three-year term.

    k.  Reappointment of Timm Mepham to the Board of Zoning Appeals for a two-year term (Note: There were no applications received for the opening on the Board of Zoning Appeals).

The motion carried on a voice vote.

Cm. Lescohier said he noticed there was an application from a retired police officer for the Police & Fire Commission, and he wondered if it has been past practice to not appoint those applicants to the Commission. The City Manager said he recalled one other time in the past this came up and it was indicated that if there were multiple applications, it may be best to appoint from the general public.

8.  UNFINISHED BUSINESS

    a.  REQUEST BY MADISON AREA TECHNICAL COLLEGE FOR VARIANCE TO AIRPORT HEIGHT LIMITATION ORDINANCE FOR CONSTRUCTION OF WIND TURBINES AT THEIR CAMPUS AT 827 BANKER ROAD.

The City Manager said that since the City passed an ordinance regarding wind turbines, M.A.T.C. is continuing to move forward with their project. One reason it has been delayed in coming back to the City for further action is that they were waiting for approval from the Federal Aviation Administration to complete its aeronautical study to determine that there were no hazards to air navigations with these wind energy systems. The maximum height for their request is 155-feet, and the Small Energy Systems Ordinance allows a height up to 170-feet. However, they need a variance to the Airport Height Limitation Ordinance. According to the Height Limitation Ordinance, the maximum height is 143-feet above ground; therefore they will need a variance for 12-feet above that limitation.

Cm. Lescohier said this is an exciting project that has tremendous educational opportunities for people of all ages, and hopefully other entities in our community will follow M.A.T.C.'s lead.

Cm. Zastrow, seconded by Cm. Lescohier, moved to approve the request by Madison Area Technical College for a variance to the Height Limitation Ordinance for construction of wind turbines at their campus at 827 Banker Road. The motion carried on a voice vote.

9.  NEW BUSINESS

    a.  REVIEW AND APPROVE UPDATED CITY POLICIES PRESENTED BY SAFETY DIRECTOR.

The Safety Director is requesting that the following policies be approved at this time: 1. Bloodborne Pathogen Exposure Control Program; 2. Confined Space Entry Program; 3. Hazardous Communication Written Program; 4. Hearing Conservation Program; 5. Lockout/Tagout Written Program; 6. Personal Protective Equipment & Hazard Assessment Program; and 7. Respiratory Protection Program.

The Safety Director said the State of Wisconsin has a Statute that regulates safety for public employees. By updating our policies, we are making sure that our referencing is consistent with the O.S.H.A. and State standards. There is annual training done for the Bloodborne Pathogen Exposure Program. Training is also done for the Confined Space Entry Program, and the City also maintains a confined space entry team at the Wastewater Utility which trains regularly. The Hazardous Communication Program covers training on understanding M.S.D.S and chemical standards. The Hearing Conservation Program is administered by the Department Heads and testing is also done annually. The Lockout/Tagout Program is for training on locking out equipment when doing maintenance on them. The Personal Protection Equipment & Hazard Assessment Program covers protective glasses, hard hats, etc. The Respiratory Protection Program is training for those required to use respirators to enter confined spaces.

The Council members complimented the Safety Director on the accuracy and inclusiveness of the various policies. Pres. Mielke asked if the City allows employees to voluntarily request the use of respirators, and the Safety Director said it is not allowed because there may be the possibility the employee is not properly trained or physically capable of using the equipment and the City would then be liable.

Cm. Schultz, seconded by Cm. Gray, moved to approve the updated City policies presented by the Safety Director. The motion carried on a voice vote.

    b.  REVIEW AND APPROVE QUOTES FOR THE PURCHASE OF WATERMAIN MATERIALS FOR TALCOTT/HALCYON WATERMAIN REPLACEMENT PROJECT.

In a memo to the Council, the Water Utility Supervisor indicated that in order to reduce costs for the watermain project on Talcott/Halcyon, it was decided that the materials would by purchased directly by the Water Utility. The City Manager said this would save the City money by not having a contractor's mark-up on the items, as well as not having to pay sales tax. The following quotes were received:

Cm. Zastrow, seconded by Cm. Lescohier, moved to approve the quote from HD Supply for the purchase of watermain materials for the Talcott/Halcyon Watermain Replacement Project at an amount not to exceed $43,764.25. On call of the roll, the motion carried unanimously.

10.  MISCELLANEOUS

    a.  REQUEST BY FAT BOYZ TO CHANGE PREMISE DESCRIPTION FOR THEIR CLASS "B" LIQUOR LICENSE.

Cm. Gray asked if they would be allowed to have music on the outdoor deck. Pres. Mielke said that would not be included as part of their liquor license, but they would be obligated to follow other City Ordinances governing nuisance and noise.

Cm. Schultz, seconded by Cm. Zastrow, moved to approve the request by Fat Boyz to change the premise description for their Class "B" Combination Fermented Malt Beverage and Liquor License. The motion carried on a voice vote.

    b.  REQUEST TO SET LICENSE COMMITTEE MEETING DATE.

The City Clerk is requesting to set a License Committee meeting date to do the annual review of the various liquor licenses. Committee membership is made up of Cm. Gray, Cm. Schultz and Pres. Mielke. The date being requested is Monday, May 11, 2009 at 4:30 p.m. The Committee members indicated this would work with their schedules and the meeting date was set.

    c.  SPECIAL BEER LICENSE FOR CHAMBER OF COMMERCE'S CARNIVAL DAYS TO BE HELD ON JULY 24 AND 25, 2009.

The City Clerk said the proper application has been made and has been reviewed and approved by the Clerk's Department. It was indicated there have been no problems with this license in the past.

Cm. Gray, seconded by Cm. Lescohier, moved to approve the Special Beer License for the Chamber of Commerce's Carnival Days to be held on July 24 and 25, 2009. The motion carried on a voice vote.

    d.  SPECIAL BEER LICENSE FOR CHAMBER OF COMMERCE'S RHYTHM ON THE RIVER TO BE HELD ON AUGUST 29, 2009.

The City Clerk said the proper application has been made and has been reviewed and approved by the Clerk's Department.

Cm. Schultz, seconded by Cm. Zastrow, moved to approve the Special Beer License for the Chamber of Commerce's Rhythm on the River to be held on August 29, 2009. The motion carried on a voice vote.

    e.  REQUEST TO SET DATES FOR OPEN BOOK AND BOARD OF REVIEW.

The City Clerk indicated the Board of Review is required, by State Statues, to meet once within 30 days of the second Monday in May. The Assessor will not have all assessment work completed by that time and therefore the Clerk is requesting that the Board of Review meet and adjourn on June 2, 2009 at 6:45 p.m. The Clerk said he would also like to tentatively set Tuesday, June 30, 2009 from 10:00 a.m. to 12:00 p.m. for the actual Board of Review date to hear testimony.

The City Manager said the Board of Review is made up of the entire City Council, the City Manager and City Clerk.

The Council members agreed the dates worked with their schedules, and they were approved as requested.

    f.  REVIEW AND APPROVE AGENT CHANGE FOR LIQUOR LICENSE FOR LENNIGAN'S GRILL & BAR, 1501 JANESVILLE AVENUE.

The City Clerk indicated this is just an agent change, and all other information on the license will remain the same. The agent being requested for approval is Shawn M. Deegan and the information submitted has been reviewed and approved by the Police Department.

Cm. Zastrow, seconded by Cm. Gray, moved to approve the agent change for the liquor license for Lennigan's Grill & Bar, 1501 Janesville Avenue. The motion carried on a voice vote.

    g.  GRANTING OPERATOR LICENSES.

Cm. Schultz, seconded by Cm. Gray, moved to approve the following list of applicants for operator licenses for the 2008-2010 license period:

Regular:

The motion carried on a voice vote.

11.  CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS

Cm. Zastrow, seconded by Cm. Gray, moved the bills in the amounts of $183,046.37 for the City (Fund 1); $58,890.86 for the Sewer Utility (Fund 2); $124,165.09 for the Water Utility (Fund 3); $97.55 for Grant Reimbursement (Fund 6); and $140,125.21 for Payrolls #8 and 8A as per Schedule N-93 on file in the office of the City Clerk/Treasurer and as audited and approved by the Finance Committee be allowed and orders be authorized drawn on the proper funds for their payment. On call of the roll, the motion carried unanimously.

12.  ADJOURNMENT
 
Cm. Gray, seconded by Cm. Schultz, moved to adjourn the May 5, 2009 regular City of Fort Atkinson Council meeting at 7:42 p.m. The motion carried on a voice vote.

/s/Matt Trebatoski
City Clerk/Treasurer