Committee amends budget and approves demolition contract for 4539 Winnetka Road, approval made contingent on ZBA action

The City of Monona Finance and Personnel Committee on March 17 approved a budget amendment to fund demolition work at 4539 Winnetka Road and then approved a contract award for that demolition, with both approvals made contingent on the outcome of an upcoming Zoning Board of Appeals meeting.

Why it matters: staff said the city intends to fund the demolition temporarily from fund balance and then recover costs as a special charge against the property; if the owner does not pay the special charge, the city can place the charge on the tax roll and recovery could be delayed by the county process.

Budget amendment and contract details Neil, city staff, introduced the item and summarized the sequence: "Essentially, this is a budget amendment to, authorize the raising of, the structures at structures, plural, at 4539 Winetka Road. ... The information in your packet has to do with the selection of that individual contractor." Committee members discussed timing relative to pending legal and ZBA actions.

Mark, city staff, outlined the repayment timeline and tax-roll process: staff will invoice the property owner; if the invoice is not paid, the city may place a special charge on the tax bill and recovery could be delayed — the county process can take multiple years in a worst-case scenario.

Legal and ZBA context Staff reported recent court action: "The court denied mister Kinsler's petition. So the raise order is still in effect, and the city is able to continue," Neil said, noting that the city can proceed under the court’s ruling. Committee members said the property owner has filed a new proposal that will be heard by the Zoning Board of Appeals; the committee chose to make the contract execution contingent on the ZBA decision to avoid potential overlap of actions.

Contract award Staff told the committee they ran a competitive solicitation and recommended the selected contractor because the apparent low bidder failed to meet two RFP conditions. Committee members discussed waiting to execute the contract until after the ZBA hearing; one member moved and the committee adopted an amendment to make council approval contingent on the ZBA’s March 20 hearing outcome.

Votes and actions - Resolution 25-3-2792 — Amendment to the 2025 operating budget to fund demolition at 4539 Winnetka Road — Motion to approve; committee motion amended to make the action contingent on ZBA outcome (March 20); voice vote — approved as amended. - Resolution 25-3-27903 (contract award) — Approving contract for demolition at 4539 Winnetka Road — Motion to approve contingent on ZBA action; voice vote — approved as amended. Staff noted the lowest bidder was disqualified for failing to meet two RFP requirements; recommended contractor selected in competitive process.

What the approvals do (process and risk) Staff said the city will temporarily pay demolition costs from fund balance and then issue an invoice to the property owner. If unpaid, the city can place the charge on the tax roll; staff warned recovery could take multiple years in a worst-case scenario but said the court’s denial of the owner’s recent petition leaves the city able to proceed. The committee’s contingency preserves flexibility if the ZBA or the courts issue new instructions.

Next steps The committee forwarded the amended budget and the contract award to full Council with the recommendation that execution of the demolition contract be held until after the ZBA decision or otherwise be contingent on its outcome.

Ending note Committee members emphasized legal caution and recommended that council consider the ZBA outcome before final contract execution.