Minutes: Evansville Common Council: October 11, 2005

Common Council
Regular Meeting
Tuesday, October 11, 2005, 6:30 PM
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

Mayor Ringhand called the meeting to order at 6:30 PM. Present were: Mayor Ringhand and Aldpersons Aikman, Cothard, Kooyman, Roberts, Anderson, Hammann, Sornson, and Wessels Staff present: Bill Connors, City Administrator; Mark Koop, City Attorney; Bridget Roleck, Library Director; Dave Wartenweiler, Public Works Director; Mary Beaver, EMS Director; and Jim Beilke, Clerk/Treasurer. Secret Strobl, Foth & Van Dyke, was in the audience.

Approval of Agenda.
Mr. Connors recommended that the motions 6-C-7/8/9 should be amended to include (1) staff report, (2) initial discussion, (3) public hearing, (4) final discussion, and (4) motion. He recommended amending item 6-C-6 to read “Motion to adopt Resolution” instead of “Motion to approve the adoption of Resolution” and to delete the word “amending” after “Resolution #2005-57.” He recommended moving item 11-C to be after 6-C-11. Finally, he recommended deleting item 6-C-10. The agenda, with the amendments recommended by Mr. Connors, was approved.

Approval of Minutes.
Motion by Cothard, seconded by Roberts, to waive the reading of the September 13, 2005, meetings and approve them as printed. Motion passed.

Citizen appearances other than agenda items listed.

Committee Reports:
Evansville Community Partnership Report. No Report.

Plan Commission Report.
Motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-41, correcting rezoning of lots in Grand Orchard Estates subdivision. Motion carried.

Motion by Hammann, seconded by Roberts, to adopt Ordinance #2005-38, amending the Municipal Code relative to two-family dwelling units in Residential District One (R-1). Motion carried.

Motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-39, amending the Municipal Code relative to repeal of LL-R12A, LL-R12B, LL-R12C, LL-R15A, LL-R15B, R-1A, R-1B and R-1C zoning districts. Motion carried.

Motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-40, amending the Municipal Code relative to bufferyard requirements. Motion carried.

Motion by Hammann, seconded by Cothard, to approve the preliminary certified survey map for City of Evansville and MJ Properties LLC. Motion carried.

Motion by Hammann, seconded by Cothard, to approve the amended final land divider’s agreement for Capstone Ridge subdivision. Motion carried.

Motion by Hammann, seconded by Cothard, to approve the amended final land divider’s agreement for Grand Orchard Estates subdivision. Motion carried.

Finance and Labor Relations Committee Report.
Motion by Aikman, seconded by Cothard, to approve W&L bills and authorize their payments of $739,268.33. Motion carried unanimously on roll call vote.

Motion by Aikman, seconded by Cothard, to approve the City bills and authorize their payments of $408,025.43. Motion carried unanimously on roll call vote.

The 2004 Financial Statements and Audit Report were delayed because staff had to setup the new GASB 34 statements, and the City had to wait until September for the Housing Authority’s audit financial statement, so those statements could be shown as a component unit on the City’s statements. These issues should not be a problem for the city’s 2005 audit report.

Motion by Aikman, seconded by Cothard, to approve 2006 City Operating and Capital Budgets and Tax Levies for publication only. Motion carried unanimously on roll call vote.

Motion by Aikman, seconded by Cothard, to approve the Amended Five-Year Capital Plan for 2006–2010.

Motion by Hammann, seconded Kooyman, to amended the Amended Five-Year Capital Plan by moving $70,000 from the 2009 New Park – West item into the 2006 budget for landscaping projects. Motion carried unanimously on roll call vote.

The original motion, as amended, carried unanimously on roll call vote.

Motion by Aikman, seconded by Cothard, to approve the adoption of Resolution #2005-57, amending the City of Evansville’s fee schedule. Mr. Connors led the discussion using his revised version of Resolution #2005-57 that he distributed at the beginning of meeting. Motion carried unanimously on roll call vote.

Secret Strobl from Foth & Van Dyke presented the final special assessments for Union St., Exchange St., and Main St., which are consistent with previous assessments for street reconstruction projects.

Public hearing was opened at 7:08 PM, regarding Resolution #2005-54, a final resolution approving public improvements (Union St., Exchange St. and Main St. project) and levying special assessments against benefited property.


Kim Himerl, 13331 W. First Hollow, asked if driveway aprons are assessed at 25%. Ms. Strobl reported aprons are assessed at 25% of DOT’s costs. Mr. Himerl stated the apron at Curves on E. Main St. is larger now. Ms. Strobl that maybe due to the new grade of the road.
Joel Tomlin, 520 E. Main St., stated he put in new sidewalks in nine years age. He asked why his sidewalks were replaced. Council instructed Foth & Van Dyke to review this matter tomorrow.
Hans Kleisch, 250 Union St., asked what criteria was used in determining what infrastructure would be removed and replaced. Ms. Strobl reported what was removed and replaced was associated with the reconstructed road.
Bill Kober, 303 E. Main St., asked what was the average assessment for E. Main St. Ms. Strobl reported that the numbers range from $300-$2000.

The public hearing was closed at 7:24 PM.

Motion by Hammann, seconded by Kooyman, to adopt Resolution #2005-54, a final resolution approving public improvements (Union St., Exchange St. and Main St. project) and levying special assessments against benefited property. Motion carried unanimously on roll call vote.

Public hearing was opened at 7:39 PM, regarding Resolution #2005-55, a final resolution approving public improvements (2005 sidewalk project) and levying special assessments against benefited property. The public hearing was closed at 7:40 PM.

Motion by Kooyman, seconded by Sornson, to adopt Resolution #2005-55, a final resolution approving public improvements (2005 sidewalk project) and levying special assessments against benefited property. Motion carried unanimously on roll call vote.

Public Hearing was opened at 7:43, regarding Resolution #2005-53, a final resolution approving public improvements (Water St. project) and levying special assessments against benefited property. The public hearing was closed at 7:44 PM.

Motion by Hammann, seconded by Roberts, to adopt Resolution #2005-53, a final resolution approving public improvements (Water St. project) and levying special assessments against benefited property. Motion carried unanimously on roll call vote.


Motion by Hammann, seconded by Wessels, to adopt Resolution #2005-51, amending the adopted 2005 city budget to appropriate money for a new capital project. Motion carried unanimously on roll call vote.

Motion by Aikman, seconded by Roberts, to adopt Resolution #2005-52, amending the adopted 2005 city budget to increase appropriations for the park store. Motion carried unanimously on roll call vote.

Motion by Aikman, seconded by Roberts, to adopt Resolution #2005-56, authorizing the City Administrator to submit application for a Surface Transportation Enhancement Grant. Motion carried on roll call vote. Hammann, Kooyman, Roberts, Wessels, Cothard, Aikman, and Aderson voted in favor. Sornson voted against.

Public Safety Committee Report.
Motion by Cothard, seconded by Kooyman, to adopt Ordinance #2005-31 amending the Municipal Code relative building permits. Motion carried.

Motion by Cothard, seconded by Roberts, to adopt Ordinance #2005-32 amending the Municipal Code relative to obstruction of public sidewalks. Motion carried.

Public Works Committee Report. No report.

Water & Light Committee Report. No report.

Economic Development Committee Report. No report.

Evansville Redevelopment Authority Report. No report.

Parks and Recreation Board Report.
Motion by Kooyman, seconded by Hammann, to approve West Side Park Plan #4. Ald. Hammann indicated that at a recent public meeting held by the Park Board, Plan #4 had received overwhelming support from residents of the neighborhood and others in attendance. Ald. Hammann thanked Ald. Kooyman for his work on planning the west side park and for all his work as Park Board Chair and alderperson. Motion carried.

Historic Preservation Commission Report. No report.

Fire District Report. No report.

Unfinished Business. None

Communications and Recommendations from the Mayor.
Motion by Kooyman, seconded by Roberts, to waive the seven-day notice requirement and approve the mayoral appointment of Hallie Wendorff Assessment Services as city assessor until December 31, 2006. Motion carried.

Motion by Cothard, seconded by Roberts, to waive the seven-day notice requirement and approve the appointment of Johnson Block & Co., Inc. as city auditor for 2006 (to perform the 2005 audit). Motion carried.

Motion by Roberts, seconded by Anderson, to waive the seven-day notice requirement and approve the mayoral appointment of the following people to the Dean Community Center Board:
1. Tina Rossmiller, 413 S. Madison St.
2. Brenda Swanson, 14106, W. Northridge Dr.
Motion carried.

Mayor Ringhand presented the Mayoral Proclamation of United Nations Day.

Communications and Recommendations from the City Administrator. No report.

New Business.
Motion by Cothard, seconded by Kooyman, to adopt Resolution #2005-59, establishing the National Incident Management System as the City of Evansville’s Standard of Incident Management. Motion carried.

Motion by Cothard, seconded by Roberts, to adopt Resolution #2005-58, Modifying Procedures for the Building Improvement Grant Program. Motion carried.

Motion by Hammann, seconded by Wessels, to approve purchase agreement for acquiring property at 209 S. First Street for $73,800. Motion carried unanimously on roll call vote.

Motion by Cothard, seconded by Roberts, to go into closed session pursuant to Wis. Stats. Sec. 19.85(1)(f), considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations, and Wis. Stat. Sec. 19.85(1)(g), conferring with legal counsel concerning strategy to be adopted by the City with respect to ongoing litigation in which it is involved, and will reconvene into open session upon the proper motion and approval vote. The Council will discuss a conduct issue involving a city employee. In addition, the Council will discuss with legal counsel a settlement offer in the Mig/DeWane landfill litigation. Motion carried unanimously on a roll call vote at 8:59 PM.

Motion by Hammann, seconded by Kooyman, to come out of closed session at 9:50 PM. Motion carried unanimously on a roll call vote.

Motion by Hammann, seconded by Cothard, to accept the settlement offer from the plaintiffs in the Mig/DeWane litigation. Ald. Hammann and Cothard withdrew their motion.

Motion by Hammann, seconded by Sornson, to authorize Attorney Bastings to agree to a settlement of the Mig/DeWane litigation on behalf of the city if he believes it is in the city’s best interest, provided the amount the city must pay under the settlement does not exceed $45,000. Motion carried unanimously on a roll call vote.


Introduction of New Ordinances.
First reading of Ordinance #2005-42, Adopting the 2006 City Operating and Capital Budgets and Tax Levies (version drafted by Mr. Connors on Oct. 11, 2005, and distributed before the meeting, with amendment to increase in capital project expenditures and fund balance applied by $70,000 per amendment to Amended Five-Year Capital Plan).

Motion by Cothard, seconded by Wessels, to adjourn the meeting at 9:55 PM. Motion carried.


Prepared by:
James Beilke
City Clerk/Treasurer

The Common Council Minutes are not official until approved by Common Council.