Common Council Agenda
January 15, 2019 7:30 p.m.
Council Chambers
Posted on the City's web site at

Call to Order Regular Council Meeting

Roll Call

Comments from Citizens Present (Limited to 3 minutes per speaker)

Public Hearings - 7:35 P.M.
1.) Helbach’s Café LLC, d/b/a Helbach’s Coffeehouse is requesting a Class “B” fermented malt beverage and “Class B” intoxicating liquor license located at 1824 Parmenter Street, with Casey Helbach, 6993 Applewood Drive, Madison, WI, as agent

1.) Youth Center/Middleton Cross-Plains Area School District Presentation
Percy Brown, MSPASD Director of Equity & Student Achievement, and Gabrielle Hinahara, Youth Center Director, will be providing updates from the School District and on the new programming model for the Youth Center, respectively.
2.) Presentation from Greater Madison Convention & Visitor's Bureau - Business plan for 2019 and partnership benefits for Middleton

Approval of Consent Agenda
1.) Common Council Minutes of December 18, 20108
2.) Audit of the Bills to be Paid as recommended by the Finance Committee
3.) Settlement of a Claim from Gail Clark for a Vehicle Accident on December 18, 2018
On December 18, 2018 a vehicle driven by Gail Clark was struck by a City vehicle that was attempting to make a lane change on Airport Road. The Middleton Police Department investigated the accident and issued a citation to the driver of the City vehicle for an Unsafe Lane Deviation. Ms. Clark has submitted a claim in the amount of $1,410.22 based on the repair estimate for her vehicle. City Staff and the City's insurance carrier, CVMIC, recommend settlement of the claim in this amount.
4.) Claim of Unlawful Taxation from Todd Riebau for the Property Located at 4924 Augusta Drive (FC 1/15/19)
The City received a Claim of Unlawful Taxation from Todd Riebau for this property located at 4924 Augusta Drive (Parcel #0809-311-6365-2). For the 2018 tax year, this property was assessed as 100% complete. However, after the tax bills were sent, the property owner contacted the Assessor and informed him that while the exterior was finshed, the interior work was not completed. The City Assessor verified this information and determined that the appropriate assessment 2018 is $433,100, rather than $703,700 as originally assessed. Wisconsin Statutes allow a taxpayer to make a Claim of Unlawful Taxation if the assessment included real property improvements that did not exist on the date for making the assessment. Mr. Riebau has met the requirements for this claim. Staff recommends approval of the Claim of Unlawful Taxation and the partial rescinding of taxes in the amount of $4,789.81. The City of Middleton will be required to pay this portion of the tax bill. The City can then request a chargeback of this amount to the other taxing jurisdictions which would be paid in early 2020. The City's share of the rescinded tax would be approximately 30% of the amount rescinded or about $1,437.

5.) Settlement Recommendation Country Mutual Insurance Company (Mace) v City of Middleton (FC 1/15/19)
Staff and the City Attorney recommend approving a settlement agreement for $1,000 with Country Mutual Insurance Company for a lawsuit they have filed for damage to property owned by their insured (Cory Mace) from a city street tree that fell on May 21, 2018. By settling the lawsuit the City would not admit fault for the damage, and it would avoid the need for additional legal costs which could be well over $1,000 to defend.
6.) Amendment to the October 16, 2018, Agreement with Cardno Inc for Design Engineering Services for Pheasant Branch Streambank Assessment & Five-Year Plan (FC 1/15/19)
Additional time for the project is necessary due to Cardno’s having responded to the City’s request for additional last-minute grant writing services, and to delayed LIDAR data collection due to the proximity of the North Fork to the airport and longer than expected timeframes for processing and analyzing LIDAR Data collected.
7.) Utility Master Plan Update & Water Model Calibration, Task Order w/ Strand Associates (19-113) (PWC 1/14/19; FC 1/15/19)
See enclosed Task Order #19-02 dated 1/14/19 from Strand Associates for an update to the Utility Master Plan and calibration of the water network model. The City last completed a sanitary sewer planning report in 1982. Water system planning reports were updated separately from the sewer system, with the last water planning report in 2000. A draft update of both the water and sanitary sewer master plans was performed in 2010, with the intention of incorporating planning efforts from the Community of Bishops Bay utility planning then underway. Unfortunately, that planning effort was not completed until 2015, with sporadic updates continuing into 2017.

Staff recommended that the Public Works Committee, acting as the Utility Board of Directors, recommend to the Finance Committee and Common Council approval of the task order for Strand Associates in an amount not to exceed $84,500 for calibration of the City’s water network model and comprehensive master planning updates to both the water and sanitary sewer systems.
8.) Well #8 Rehabilitation Design Services, Task Order w/Strand Associates (19-114) (PWC 1/14/19; FC 1/15/19)
See enclosed Task Order #19-01 dated 1/14/19 from Strand Associates for engineering services to design, secure permits, and oversee construction of rehabilitation of Well #8. Staff recommended that the Public Works Committee, acting as the Utility Board of Directors, recommend to the Finance Committee and Common Council approval of the task order for Strand Associates in an amount not to exceed $25,600 for design and construction engineering services.
9.) Proposal to Revise Donated Leave Policy (PC 12/18/18; FC 12/18/18)
The City's Paid Time Off Donation Policy allows one employe with a qualifying leave per the Family Medical Leave Act (FMLA) confidentially to request donations from other employees to help cover the leave with compensated time. The policy currently allows a number of different kinds of leave to be donated including vacation and compensatory leave. Staff recommends that donations be limited to sick leave. Additionally, there have been a few recent requests from employees to donate leave while they are separating employment, or when they are reaching leave maximums. Allowing for these kinds of donations was never the intent of the policy. The proposed changes help to clarify this issue within the policy itself.

10.) Authorization to Fill the Upcoming Vacancy of Full-Time Dispatcher (Joint PC/FC 12/18/2018)
The Police Department has an upcoming vacancy in one of the full-time Dispatcher positions. They are requesting to fill this vacancy as soon as possible. The position of Dispatcher is a Grade 4 in the City of Middleton Classification and Compensation Plan with a salary range of $40,562 to $50,393. This request is filling an existing position and would be budget neutral.
11.) Authorization to Fill Part-Time Dispatcher Positions (Joint PC/FC 12/18/2018)
The Police Department is requesting to fill a number of part-time Dispatcher positions. They are requesting to fill these positions as soon as possible. The position of part-time Dispatcher is a Grade 4 in the City of Middleton Classification and Compensation Plan with a wage range of $19.50 to $24.23 per hour. The Police Department maintains a number of part-time Dispatcher positions that they can call upon to fill shifts not covered by the full-time Dispatchers. The list of part-time Dispatchers includes a few individuals who have not worked in quite some time. PD is looking to update the list of inactive part-time Dispatchers and add additional employees who can be called upon to fill shifts. Additional employees on this list will not expand the number of hours covered, but simply adds options when others are unavailable. This is a budget neutral request.
12.) Authorization to Fill Police Officer Vacancies (Joint PC/FC 1/15/19)
The Police Department is proposing to fill a number of police officer vacancies due to retirement and unpaid leave for military service and medical reasons. The attached memo demonstrates that this proposal is budget neutral for 2019 and moving forward.

1.) Agreement Between The City of Middleton and Vierbicher For Design Engineering Services For Donna Drive Sedimentation Pond - Repair of Flood Damage (18-125f)
Staff solicited proposals for the repair of Donna Dr. Pond and received three responses from which staff recommended to the Storm Water Utility Board to enter into agreement with Vierbicher, with funding to come from City's Contingency allocation from the emergency work authorized in August. The Board recommends this work to the Common Council at a cost not to exceed $21,900. The Council might wish to consider funding from either Tax Increment District #5 (in which Donna Dr. Pond lies) or the Storm Water Utility since the emergency for use of the contingency is past.
2.) Annual Monitoring Agreement with Capital Area Regional Planning Commission (Study 150)
The Water Resources Management Commission (WRMC) and Common Council included funding in the approved 2019 budget for the annual monitoring of Pheasant Branch, at a cost of $13,700. Staff recommends Council approve the agreement contingent upon a supporting recommendation by the WRMC at their meeting on January 16.
3.) Agreement with Greater Madison Convention & Visitors Bureau (FC 1/15/19)
This successor agreement with the Greater Madison Convention & Visitors Bureau (GMCVB) supplants and combines the separate agreement with the Madison Sports Commission. The agreement term is from January 1, 2019, through December 31, 2021.
4.) Indemnification Agreement Between the City of Middleton and Redtail Ackers LLC (PC-2528)

5.) Redtail Ackers Subdivision – City/Developer Agreement (PC-2528, 18-124) (PWC 1/14/19)
See enclosed agreement dated 12/14/18 for construction of public improvements in the planned Redtail Ackers subdivision. Staff recommended that the Public Works Committee recommend to the Common Council approval of the agreement contingent upon receipt by staff of plan drawings revised to satisfy the contingencies of approval, and satisfaction of the City Attorney including specifically the form of surety.
6.) Encroachment Agreement – Monument Sign & Low Voltage Conductors in Storm Sewer and Sanitary Sewer Easements, Goodwill, 6280 Century Ave. (PC-2539) (PWC 1/14/19)
See enclosed agreement submitted 1/9/19 prepared by the property owner’s attorney, using language consistent with our standard license agreement form. Several minor changes proposed by staff and the City Attorney are included as redline markup. Staff recommended that the Public Works Committee recommend Common Council approval of the agreement, contingent upon property owner submittal of Exhibit A and upon satisfaction of the City Attorney.
7.) Agreement between the City of Middleton and Fire Fighters Local 311 (EMS Paramedics) For the Period January 1, 2019 to December 31, 2022 (Joint PC/FC 1/15/19)
The attached agreement is the result of negotiations between the City of Middleton and Fire Fighters Local 311 (EMS) For the Period January 1, 2019 to December 31, 2022. The most significant changes include a revised pay scale that folds longevity pay into the salary scale with increased steps in the plan, the development of Lieutenant positions to provide more depth to the management of the EMS department, changes to the accrual limits for sick leave (1920 in 2019 and 1792 in 2021), and cleaning up some outdated language. Mike Davis will provide a more comprehensive overview of the negotiations and the changes to the contract.

1.) 2019-01 Authorizing Holding a Referendum on April 2, 2019, Relating to a Proposed Increase in the Middleton Storm Water Utility Fee (SWUB 10/17/18; CC 12/18/18; FC 1/15/19)
The Storm Water Utility Board recommends increasing the Storm Water Utility's Equivalent Run-off Unit (ERU) charge from $15 to $45 to enable the City to have cash flow for the local match for FEMA assistance, as well as for areas that FEMA does not provide assistance, that will be required to recover from the flood of August, 2018, while maintaining other storm water work in Middleton. Cardno has not quite completed their assessment and five-year plan for repairs of Pheasant Branch. However, a preliminary schedule of first and second tier projects is in the Council packet for reference by the Council in discussing the referendum issue. The first two items are at the early stages of design and therefore do not have more accurate cost estimates than those provided herein. Other materials in the packet address the breakdown by percentage of who pays and frequently asked questions from the 2014 referendum.
2.) 2019-02 Adopting WisDOT Equipment Rates (FC 1/15/19)
Annual adoption of current WisDOT equipment rates.
3.) 2019-03 To Accept the Report Concerning Adverse Impacts to the Pleasant View Golf Course from Future Improvements to Pleasant View Road (FC 1/15/19)
The Council is being asked to fund from Tax Increment District #3 improvements outlined in the Pleasant View Golf Course Impact Assessment report. With the Council's agreement to remediate the golf course to prevent adverse impacts from the reconstruction of Pleasant View Road, the Council would find that the project will not adversely affect the features, attributes or activities that qualify the Pleasant View Golf Course as a Federal Section 4(f) resource and then has no objection to a de minimis finding so that Pleasant View Road can be reconstructed (estimated start in 2023). Golf Course remediation work would need to be coordinated to minimize impacts to play at the course.
4.) 2019-04 Establishing 2019 Salaries for Non-Represented Employees (Joint PC/FC 1/15/19)
This Resolution establishes salaries for non-represented employees. The across the board cost of living adjustment (COLA) was set at 2% effective 1/1/2019. In addition, the City Administrator recommended merit adjustments were approved for mid-year implementation effective 7/1/2019. This year, there are 2 attachments. The first attachment lists the salaries for the period of 1/1/2019 to 6/30/2019. The second attachment lists the salaries after the mid-year merit increases and will be effective for the period of 7/1/2019 to 12/31/2019.

1.) Final Plat – Redtail Ackers Subdivision, 4821 CTH Q (PC-2528, 18-124) (PC 01/08/19; PWC 1/14/19)
Background: The Plan Commission recommends to the Council approval of the final plat in conjunction with Public Works Committee approval of the plat, construction plan drawings, and the City/Developer Agreement. Ranguette previously granted an extension to the 60-day statutory approval timeline so that his project engineers could address various issues identified by City engineering staff. So as to avoid another extension, the Council must act on the plat at its January 15 meeting. City Attorney Larry Bechler has advised staff that it is acceptable for the Plan Commission and Council to approve the final plat with the provision that if the developer were to fail to fulfill any identified outstanding items by a particular date, the Council action would be deemed a denial of the final plat. This would mean that the City would be deferring the effective date of approval — and the developer’s ability to record the plat — until all outstanding matters are addressed to the satisfaction of engineering staff.
Recommendation: Recommend that the Common Council approve the final plat, but that the City not execute the final plat until satisfactory fulfillment of the following:
1. Satisfaction of all contingencies of approval of the construction plan drawings for public improvements associated with the plat;
2. Execution of City/Developer Agreement with associated surety in final form, to the satisfaction of the City Attorney;
3. Recording of indemnification agreement, for Developer to defend City from potential claim regarding private access easement(s) within the plat; and
If the Developer fails to satisfactorily address all of the above noted deferred effective items by June 30, 2019, the Common Council action shall be deemed a denial of the final plat.

1.) Underground Electric Gas Main Easement for Stagecoach Trails Apartments and Future Trailhead, 6612 Century Ave. (PC-2514) (PC 1/8/19)
BACKGROUND: This request from Stagecoach Trails Apartments allows a 10’ wide underground electric and gas main easement on the west side of the City’s trailhead property. The easement will serve both Stagecoach Trails Apartments and the City’s future trailhead (which has yet to be designed). MGE will size the utilities so they can accommodate both Stagecoach and the future trailhead property, which will allow for some future avoided costs by the City when the trailhead develops.
RECOMMENDATION: Plan Commission recommended approval on 1/8/19.
ENCLOSURES: Easement language and drawing.

1.) City Participation Options for Solar Project at Middleton Municipal Airport (400 kW or 500k Renewable Energy Rider) (SC 12/17/18, FC 1/15/19)
Director of Community Development Abby Attoun has provided a memo outlining two viable options for addressing the City's renewable energy needs through a combination of the airport solar project and the City's budgeted solar projects in 2019 on the roofs of the Municipal Operations Center, EMS and Senior Center buildings. Pros and cons are listed for options both of which enable the City to exceed its 25% goal for renewable electricity use by 2025.
2.) Approval in Concept of City Taking State Plan Review In-House (Building Inspector)
This is a request for conceptual approval further to pursue the possibility of the City of Middleton Building Inspection Department acquiring State of Wisconsin Delegated Agent Status to review Commercial Building, HVAC and Plumbing Plans. Acquiring Delegated Agent Status for Plan Review will provide a benefit to the citizens and developers in the City of Middleton. The fees recommended by the State of Wisconsin for Delegated Agents to charge for such a service will offset our total costs including overhead. Currently “in-house” plan review is being performed by the cities of Madison, Verona and Sun Prairie. If approved, the next steps would be upgrading ordinances and documents to comply with State requirements as well as preparing staff as needed.

Ordinances - First Reading (Final Action may be taken upon approval of motion to suspend rules under Section 1.07, Middleton Gen. Ords.)
1.) An Ordinance to Require Sign Postings for Public Hearings on Rezoning, Conditional Use and Variance Applications and to Provide Zoning Protest Procedure (L&O 1/8/19)
The proposed ordinance amendments would modify signage and public hearing requirements relative to re-zoning, conditional uses and variances of properties in the City of Middleton.

1.) University Ave (Cayuga – Park) Reconstruction – Design Issues Related to the Fire Station (16-124) (CC 12/4/18; PWC 1/14/19)
On 12/4/18, during Common Council discussion of roadway alignment options, Fire Chief Aaron Harris distributed a list of safety features requested for consideration, and the Council referred the list to the Public Works Committee.

See enclosed list of safety considerations requested by the Fire Commission, a memo from Stauske dated 1/10/19 with additional background from staff discussion of each item, and an exhibit drawing of University Ave. near the fire station. The Public Works Committee was asked to make recommendations to the Council for City funding or construction of the items in exchange for a public sidewalk easement on the fire station property.

Committee Appointments
1.) Appointment of Ralph Zahnow to the Public Safety Committee
Filling vacancy by Robert Stipicevich term of 2017-2019


Posted: January 11, 2019 10:30 a.m.

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