Common Council Minutes

Common Council Minutes Tuesday January 3, 2012 7:30 PM City Council Chambers

Call to Order Regular Council Meeting Mayor Sonnentag called the meeting to order at 7:30 P.M.

Roll Call Present: Teal, Wexler, Kinne, Brar, West, Hilbert, Sullivan , Absent: Richard

Approval of Council Minutes 1) Minutes of December 6, 2011 Moved by Wexler, seconded by Brar, to approve the Minutes of December 6, 2011. Motion Passed. 7- 0.

Comments from Citizens Present (Limited to 3 minutes per speaker) The following individuals chose to address Common Council: Margaret Blanchard, 8839 Red Beryl Drive, presented a petition in opposition to the proposed snowmobile ordinance. Cindy Kellor, 8783 Evergreen Road, spoke in opposition to the proposed snowmobile ordinance. Jennifer LaMere, 8927 Sunstone Lane, spoke in opposition to the proposed snowmobile ordinance. James LaMere, 8927 Sunstone Lane, spoke in opposition to the proposed snowmobile ordinance. Scott Hubing, 8963 Sunstone Lane, spoke in opposition to the proposed snowmobile ordinance. Srinivasa Macha, 8933 Sunstone Lane, spoke in opposition to the proposed snowmobile ordinance. Carol Jensen, 8935 Black Opal Ave., spoke in opposition to the proposed snowmobile ordinance. Sam Landes, Executive Director, Wisconsin Association of Snowmobile Clubs spoke in favor of the proposed snowmobile ordinance. Jamie Dahlk, President Cross Plains Rider Snowmobile Club, spoke in favor of the proposed snowmobile ordinance. Daniel March, 8869 Red Beryl Drive, spoke in opposition to the proposed snowmobile ordinance. Khajas Salebu, 8939 Sunstone Lane, spoke in opposition to the proposed snowmobile ordinance. Lawrence Landwehr, 3110 Nightingale Lane, spoke in opposition to the proposed snowmobile ordinance. Cornelius Rathnam, 8802 White Coral Way, spoke in opposition to the proposed snowmobile ordinance. Anil Gali, 8863 Red Beryl Drive, spoke in opposition to the proposed snowmobile ordinance. Chris Kobinsky, 8850 White Coral Way, spoke in opposition to the proposed snowmobile ordinance. Ms. Gali, 8863 Red Beryl Drive, spoke in opposition to the proposed snowmobile ordinance. Jenny Jones, 3894 Cardinal Point, Town of Middleton, spoke in opposition to the proposed snowmobile ordinance.

Video of American Girl Employees and Others Building New Playground at Lakeview Park City Administrator Davis presented a video of American Girl employees and others building a new playground at Lakeview Park.

Audit of Bills Paid Moved by Wexler, seconded by Sullivan, to defer Audit of Bills Paid pending the Finance Committee receiving a supplemental report of bills paid during the December 2011 holiday recess. This report will be presented to the Committee at their January 17 meeting. Motion Passed. 7- 0.

Public Hearings 1) 7:35 p.m. Black Olive Restaurant and Bar, Inc., d/b/a Black Olive Restaurant is requesting a Class “B” fermented malt beverage and “Class B” intoxicating liquor license located at 2831 Parmenter Street, Middleton, WI, with Thomas Paras, Middleton, WI, as the agent. Mayor Sonnentag opened the public hearing at 9:02 P.M.

Van Nutt, Executive Director Middleton Chamber of Commerce spoke in favor of the application for the Black Olive restaurant.

As no others desired to speak Mayor Sonnentag closed the public hearing at 9:04 P.M. Common Council Minutes January 3, 2012 Page 2

Agreements 1) 2012 Cooperative Agreement between Capital Area Regional Planning Commission and the City of Middleton for Water Resources Monitoring Activities (WRMC 12/14/11) Moved by Hilbert, seconded by Brar, to approve the 2012 Cooperative Agreement between Capital Area Regional Planning Commission and the City of Middleton for Water Resources Monitoring Activities. Motion Passed. 7- 0. 2) Amherst Road Building Removal and Salvage Agreement with Habitat ReStore (PC 12/13/11, FC 1/3/12) Moved by Hilbert, seconded by West, to approve the Amherst Road Building Removal and Salvage Agreement with Habitat ReStore. Motion Passed. 7- 0.

Licenses 1) Class “B” Beer and “Class B” Liquor (Quota) License by Black Olive Restaurant and Bar, Inc., d/b/a Black Olive Restaurant, 2831 Parmenter Street (formerly the Blue Spoon), Thomas Paras, Middleton, WI, Agent (LO 12-13-11). Moved by West, seconded by Brar, to approve Class “B” Beer and “Class B” Liquor (Quota) License by Black Olive Restaurant and Bar, Inc., d/b/a Black Olive Restaurant, 2831 Parmenter Street (formerly the Blue Spoon), Thomas Paras, Middleton, WI, Agent. Motion Passed. 7- 0.

Ordinances - First Reading 1) An Ordinance to Prohibit Parking on Portions of Research Way (PWC 11-14-11, LO 12-13-11). Moved by Teal, seconded by West, to approve the first reading of an Ordinance to Prohibit Parking on Portions of Research Way. Motion Passed. 7- 0. 2) An Ordinance to Exempt Personal Property to be Transferred to Another governmental Entity From Public Sale Requirements (LO 12-13-11). Moved by West, seconded by Kinne, to approve the first reading of an Ordinance to Exempt Personal Property to be Transferred to Another governmental Entity From Public Sale Requirements, with the stipulation that proposed transfers have prior approval of the Finance Committee before the actual transfer. The draft ordinance will be amended prior to adoption to include this stipulation. Motion Passed. 7- 0. 3) An Ordinance to Amend the Regulation for Registering Bicycles (LO 9-13-11, PBT 11-16-11). Moved by West, seconded by Kinne, to approve the first reading of an Ordinance to Amend the Regulation for Registering Bicycles. Motion Passed. 7- 0. 4) An Ordinance to Add Day Care with a Licensed Provider as a Conditional Use in the Single & Two- Family (R-2) District, Section 10.29 (PC 12/13/11) Moved by Hilbert, seconded by West, to approve the first reading of an Ordinance to Add Day Care with a Licensed Provider as a Conditional Use in the Single & Two-Family (R-2) District, Section 10.29. Motion Passed. 7- 0. 5) An Ordinance to Repeal and Recreate Chapter 25 Relating to Video and Cable Television Service Providers (Teal, CC 10-04-11, LO 12-13-11). Moved by Teal, seconded by Hilbert, to approve the first reading of an Ordinance to Repeal and Recreate Chapter 25 Relating to Video and Cable Television Service Providers. Motion Passed. 7- 0. 6) An Ordinance to Amend the Regulations Relating to Firearms and Dangerous Weapons in Public Buildings (LO 12-13-11). Moved by West, seconded by Kinne, to approve the first reading of an Ordinance to Amend the Regulations Relating to Firearms and Dangerous Weapons in Public Buildings. Motion Passed. 7- 0. Common Council Minutes January 3, 2012 Page 3

7) An Ordinance to Exempt Events Held Pursuant to Special Events Permit or Other Lawful City Control from Entertainment Club License Requirements (LO 12-13-11). Moved by West, seconded by Kinne, to approve the first reading of an Ordinance to Exempt Events Held Pursuant to Special Events Permit or Other Lawful City Control from Entertainment Club License Requirements. Motion Passed. 7- 0. 8) Ordinances to Regulate Snowmobile Operation and Authorize the Designation of Snowmobile Trails (CLC 11-02-11, PWC 11-28-11, PSC 12-8-11, LO 12-13-11). Moved by Brar, seconded by West, to deny the first reading of an Ordinance to Regulate Snowmobile Operation and Authorize the Designation of Snowmobile Trails. Motion Passed by voice vote. 4- 3 (Sullivan, Brar, Wexler, West in favor; Teal, Kinne, Hilbert opposed). The following summarizes the discussion of this issue by Common Council members: Hilbert: Expressed disappointment that the “Comments from Citizens Present” portion of the meeting became a dialogue of the issue rather than only hearing from citizens desiring to speak. Hilbert also spoke in favor of approving a trial period for allowing snowmobile operations. Kinne: Asked Police Chief Keil to discuss safety related issues, which he did. Wexler: Expressed a concern about erecting snowmobile signs prior to this issue being discussed by Common Council and a decision being made. Sullivan: Stated that the first question Common Council should address is whether snowmobiles should be allowed in the City of Middleton or not. Sullivan stated that the second question to be answered by Common Council involved whether establishing a snowmobile trail puts a burden on the residents in the Hidden Oaks subdivision. West: Expressed disappointment about the lack of notice of the Public Safety Committee public hearing concerning the snowmobile issue. West also expressed a concern about the proximity of the proposed snowmobile trail to a day care establishment. Teal: Stated that as Chair of the Conservancy Land Commission he asked Public Lands Director Penni Klein to contact property owners to ascertain the impact of the snowmobile proposal upon adjacent residents. Brar: Stated that he voted in favor of the proposal as a member of the Conservancy Land Commission however in hindsight his vote was based on receiving incorrect information.

Recommendations, Proposals 1) Recommendation to Re-allocate the $5,000 for a Future Public Art Project to Wall and Judge's Bench Modifications at the Police and Municipal Court Facility (AC 3-17-11; FC 1/3/12) Moved by Wexler, seconded by West, to approve the Finance Committee recommendation to refer back to the Arts Committee for further discussion the issue of spending $5,000 for a Future Public Art Project and Judge's Bench Modifications at the Police and Municipal Court Facility. Motion Passed. 7- 0.

Resolutions 1) Resolution 2012-01: Requesting That ATC Allow Certain Landscaping to Remain in Easements Along Highway 14 Moved by Teal, seconded by Brar, to approve Resolution 2012-01: Requesting That ATC Allow Certain Landscaping to Remain in Easements Along Highway 14. Motion Passed. 7- 0.

Adjournment Moved by Teal, seconded by Brar, to approve Adjournment at 9:34 P.M.. Motion Passed. 7- 0.

Respectfully submitted,

John Lehman, Finance Director/Assistant City Administrator

Note: These minutes were prepared by John Lehman, Finance Director/Assistant City Administrator, are based on the notes of the recorder, and are subj ect to change at a subsequent meeting.