Plan Commission
Regular Meeting
Monday, December 4, 2006, 6:00 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Mayor Decker called the meeting to order at 6:00 PM. Present were: Mayor Decker, Ald. Braunschweig, Ald. Hammann, Cheryl Dickert, Dave Sauer, Gil Skinner, and Jeff Vrstal Staff present: Tim Schwecke, City Planner; Jon Lindert, consultant from Strand Associates Engineering; and Jim Beilke, Clerk/Treasurer. Alderperson Cothard was present in the audience.
Approval of Agenda
Motion by Hammann, seconded by Braunschweig, to approve the agenda as printed. Motion carried.
Approval of Minutes
Motion by Hammann, seconded by Braunschweig, to waive the reading of the November 6, 2006, minutes and approve them as printed. Mayor Decker noted on page 4, in the sixth paragraph, the sentence, “The new buildings will be constructed to house the home occupation,” should read as, “No new buildings will be constructed to house the home occupation.” The motion, as amended, carried.
Citizen Appearances Other Than Those Agenda Items Listed - None
Unfinished Business
Mayor Decker gave an update on the traffic impact analysis of Highway 14, County M, and J. Lindemann intersections. She reported that DOT will install roundabouts at the intersections, and their meeting focused on how to work with DOT and the engineers to explore everyone’s concerns.
Mr. Schwecke gave an update on determining break-even point for housing and recommended adopting a requirement that prior to annexation, the petitioner pays for a fiscal impact analysis of the proposed annexation. The Commission wanted to review the Grand Orchard Financial analysis to compare the software from UW-Extension with the analysis from a professional firm. Mr. Schwecke is working with the city finance director developing the requested analysis.
Mr. Schwecke led the discussion relating to the new official zoning map. There are about a dozen affected properties. He will be sending letters to each of the affected property owners explaining what is being proposed and why. He would work with the affected property owners, trying to resolve any issues before the public hearing.
Work is pending regarding the Gibbs land division on Water Street (Application #2006-31).
Joe Bradley from Dairyland Real Estate led the discussion regarding the China Wok site plan for 128 East Main Street, Sophie X Huang applicant (Application 2006-30). They reduced the commercial sites to only three. Additionally, they reviewed the situation regarding the dumpster and are considering two options. They would have to remove the air conditioning unit and entrance to the base so that a lane could be paved from the Main Street to the back property line. One option would be to push the dumpster to Main Street when unloading it. The other option would be to back up the dump truck to the back property line to unload the dumpster.
Mr. Schwecke reported the applicant has submitted a revised site plan to use the existing structure for a multi-tenant commercial building consisting of three spaces. He raised the issue on how the business would handle the grease from their kitchen. Ms. Huang reported they will have a small container by the dumpster, which will be picked up once a week. Mr. Schwecke recommended only three conditions, listed as number 1, 2, and 4 in the staff report.
Motion by Hammann, seconded by Braunschweig, to approve the application with conditions as contained in the revised staff report (and other conditions as may be imposed by the Commission), and to amend the motion, imposing only conditions numbered 1, 2, and 4 in the revised staff report. Motion carried.
Mr. Schwecke led the discussion on the outdoor lighting ordinance. The Commission reviewed the information submitted by other communities. Because of the technical nature of light issues, a citizen committee would not have necessary background to draft a lighting ordinance. The Commission instructed staff to draft an ordinance.
Mr. Schwecke led the discussion relating to a zoning land use matrix - response from TND Committee. Ald. Hammann reported the Traditional Neighbor Development Committee will finish their current business. Then, they will rename their committee and reorganize their goals and objectives to address the issues relative to a comprehensive review of our current zoning code.
New Business
Mr. Sauer removed himself from the discussion and stepped down from the table because he is employed by Foth and Van Dyke Engineering, who are working with North Prairie Productions in the agenda items that follow.
Mike Robinson, President of North Prairie Production, and Bill Dunlop from Foth and Van Dyke Engineering presented the conditional use for North Prairie Productions biodiesel project (Application 2006-37). The facility will produce 45 million gallons of biodiesel per year. The soy oil will be stored in two 1 million-gallon storage tanks. Biodiesel will be stored in two 750,000 gallon storage tanks.
Mr. Schwecke reviewed his staff report and answered questions from the Commission. The Commission noted this project would have an impact on the city’s excess water capacity.
Mayor Decker opened the public hearing at 7:20 PM. Roger Berg, 75 Exchange Street, asked if this biodiesel was a wet industry. The Commission reported the biodiesel is a “gray classification” of a wet industry, and the city’s water capacity could handle this biodiesel facility’s water needs. Ald. Cothard questioned why sidewalks stop at the boundary of this project. The Commission reported the sidewalks stop at the boundary because the city has not decided to put in sidewalks in this recently annexed area yet. Mayor Decker closed the public hearing at 7:27 PM.
The Commission reviewed the Conditional Use Application’s Questions and Answers Report regarding North Prairie Productions biodiesel Plant. When reviewing the report, the Commission discussed the city’s water capacity and how water chillers could be used to reduce their water demand, which would minimize the impact on the city’s capacity.
Motion by Hammann, seconded by Skinner, to act on the application (not defer to a later date). Motion passed unanimously on a roll call vote.
Motion Hammann, seconded by Braunschweig, to approve the application based on the findings as contained in the staff report and the conclusion that the public benefits of the proposed use outweigh and all potential adverse impacts, in any. The Commission noted that 1) the use is consistent with the comprehensive plan; 2) the use is consistent with the City’s zoning code, or any other plan, program, or ordinance; 3) the use will not substantially affect nearby property; 4) the use is appropriate; and 5) the use is adequately served by, and will not impose an undue burden on, utilities and public services.
Motion by Hammann, seconded by Braunschweig, to add a condition requiring North Prairie Production to work with the City of Evansville to minimize the impacts on the general water and sanitary water’s facilities. Motion carried.
The original motion, as amended, passed unanimously on a roll call vote.
The Commission reviewed the variance for North Prairie Productions biodiesel project (Application 2006-38).
Mr. Schwecke reported the variance would allow 4 structures to exceed the 35-foot height limitation for the Industrial Two (I-2) zoning district.
Motion by Hammann, seconded by Braunschweig, to approve the application with conditions as contained in the staff report (and other conditions as may be imposed by the Commission). The Commission noted 1) the process and storage equipment used in biodiesel production is unique and does not generally apply to other uses or properties in the zoning district; 2) the height of the boiler stack is governed by state and/or federal requirements; 3) the granting of this variance does not suggest the height limitation should be changed throughout the entire zoning district; 4) the granting of this variance will not create a substantial detriment on surrounding properties in the city of in the Town of Union; 5) the granting of this variance is not contrary to the purposes set forth in the zoning code; and 6) the granting of this variance is not contrary to the public interest. Motion carried.
The Commission recessed at 8:03 PM and reconvened at 8:12 PM.
Mr. Robinson presented the site plan for North Prairie Productions biodiesel project (Application 2006-39).
Mr. Schwecke reviewed the staff report with the Commission. He reported North Prairie Production, LLC has submitted an site plan application to establish a biodiesel production facility off of County Road M on land recently annexed into the city. The facility will be operated 24 hours a day, 7 day a week. Trucks will be entering and leaving the facility at all hours, but primarily during the daylight hours. Trucks will enter on the South side and exit on the North side. He recommended amending the site plan so that the exiting road is converted from two lanes to a one lane road. He explained this would reduce confusion where vehicles could enter the facility.
Mr. Lindert reported he was retained by the City to review stormwater and erosion control for this project. After his review of North Prairie Productions’ first plan, he prepared a letter of his review, which was included in their packets. The developer will need to resubmit the stormwater and erosion control plan addressing the comments in his letter. Additionally, he requested the City provide information and direction on what is required for items noted in his letter and timeline for their completion. Ald. Hammann recommended that Mr. Lindert and Mr. Dunlop attend the next Public Works meeting to work on issues relative to North Prairie Productions.
Motion by Hammann, seconded by Braunschweig, to approve the application with conditions as contained in the staff (and other conditions as may be imposed by the Commission). The Commission discussed how to insure pending stormwater and drainage issues would be resolved.
Motion by Hammann, seconded by Braunschweig, to include a condition that the applicant’s engineer will work with the city’s engineer to resolve the issues raised in the city’s engineer’s letter dated November 30, 2006 to the satisfaction of the city’s engineer. Motion carried.
Motion by Vrstal, seconded by Skinner, to amend the site plan by converting the North-exiting road from two lanes to one lane by narrowing the road. Motion carried.
The original motion, as amended, carried.
Mr. Sauer rejoined the discussion and stepped up to the table.
The Commission reviewed the update on the revised project timeline for TID No. 7, which was a letter from Dave Wagner of Ehlers & Associates dated November 26, 2006. The developers of the proposed soybean crushing facility have indicated that Phase 2 is more likely to be constructed in 2010 or earlier.
Motion by Braunschweig, seconded by Hammann, to recommend to City Council the adoption of Council Resolution #2006-48. The Commission noted the Exhibit A was not in the packet and instructed staff to have Exhibit A available for review before Council approves this resolution. Motion carried.
Mr. Schwecke led the discussion on a draft ordinance relating to adding a vehicle impound yard as a permitted land use in I-1 and I-2 zoning districts and as a conditional use in other specified zoning districts. The Commission instructed staff to add language regarding fences in Section 2.
Mr. Schwecke led the discussion on an ordinance requiring payment of property taxes prior to filing of a final subdivision plat or CSM with Rock County. According to state law, a subdivision plat can only be recorded when all outstanding property taxes have been paid in full. There is no similar provision in state law for certified survey maps (CSM). Rock County and a number of municipalities in the county have adopted an ordinance requiring payment of property taxes for CSMs. Ald. Hammann and Ald. Braunschweig would be sponsors.
Mr. Schwecke led the discussion on allowing parts of buildings in the downtown to extend onto or over public property. Our current code is silent on this issue. Greg Ardisson from the Night Owl wants to expand his building over the public sidewalk. The Commission instructed staff to draft an ordinance.
Mr. Schwecke led the discussion relating to a review of the City’s adopted comprehensive plan (amendments are reviewed annually in May). The Commission instructed staff to review the plan and report back next month.
Preliminary Development Presentations - None
Report of the Evansville Redevelopment Authority - None
Report of the Evansville Historic Preservation Commission – None
Report of the Traditional Neighborhood Development/Residential Design Study Committee - None
City Planner’s Report
Mr. Schwecke reviewed his report on the updates on Common Council actions relating to Plan Commission recommendations.
Adjournment
Motion by Hammann, seconded Braunschweig, to adjourn at 9:13 PM, carried.
Prepared by:
James A. Beilke
City Clerk/Treasurer
The minutes are not official until approved by the Plan Commission at their next regular meeting.
Thursday, November 30, 2006
Minutes; Evansville Planning Commission: May 1, 2006
Plan Commission
Regular Meeting
Tuesday, May 1, 2006, 6:00 P.M.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Decker at 6:00 PM. Present were: Mayor Decker, Ald. Braunschweig, Ald. Hammann, Cheryl Dickert, Dave Sauer, Gil Skinner, and Jeff Vrstal. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; Mark Schroeder, City Attorney; and Jim Beilke, Clerk/Treasurer. Ald. Cothard was present in the audience.
Approval of Agenda.
The agenda was approved as printed.
Approval of Minutes.
Motion by Hammann, seconded by Skinner, to waive the reading of the April 3, 2006, Minutes and approve them as printed. Motion passed.
Citizen Appearances Other Than Those Agenda Items Listed - none.
Unfinished Business.
Mr. Connors led the discussion regarding amending the Municipal Code relative to vehicular access restrictions in the B-1, B-2, B-3, B-4 and O-1 zoning districts. The packet contained two draft ordinances, one labeled option A and one labeled option B. Currently, the zoning code provides that in order to ensure minimum disruption to residential development, commercial development in these commercial zoning districts must have their vehicular access onto collector or arterial streets. However, the city has not enforced these provisions consistently. For example, the city allowed commercial development along Brown School Road, but Brown School Road is not a collector or arterial street. Option A would repeal these provisions and re-enact them in more noticeable sections for the B-3, B-4, and O-1 districts; B-1 and B-2 would be exempt. Option B would require that when reviewing a change in zoning to any of these commercial zoning districts, the Plan Commission and Common Council must consider whether there will be increased traffic on local roads and as a result adverse impact on existing residential development. Option B allows the city to review each situation on a case-by-case basis. Ald. Hammann and Braunschweig would be sponsors for Option B.
Mr. Schwecke led the discussion on the update on text amendments to the city’s floodplain regulations so as to be consistent with state and federal requirements. The Federal government and state changed their floodplain regulations. Thus, the city needs to change its regulations to conform to state and federal requirements. Ald. Hammann and Braunschweig would be sponsors.
Mr. Schwecke provided an update on 2005 Assembly Bill 299, which would have repealed a state requirement that county shoreland zoning regulations continue to apply to lands annexed in a city or village. The governor vetoed 2005 Assembly Bill 299. How it stands now is counties are required to adopt minimum standards for shoreland zoning, which would follow lands annexed in a city or village.
Mr. Schwecke led the discussion regarding (1) the adoption of an ordinance banning outdoor furnaces in the city and an ordinance regulating the operation of existing outdoor furnaces, and (2) the adoption of an ordinance that would allow outdoor furnaces throughout the city and regulate their placement, design, and operation. The Commission recommended that an ad hoc committee be set up to study the outdoor furnace issues.
New Business.
Motion by Hammann, seconded by Braunschweig, to set a public hearing regarding the creation of Tax Increment District No. 6 for 6:00 PM on Monday June 5, 2006. Motion passed.
Motion by Hammann, seconded by Sauer, to approve the proposed lot line adjustments for lots 35, 36, and 37 and Outlot 3 of Grand Orchard Estates as depicted on the final plat reviewed on this date (May 1, 2006). Motion passed.
Mr. Connors led the discussion regarding the release of a 60-foot easement along USH 14. When the developer John Morning filed two certified survey maps (CSMs) for his development along Brown School Road, the Wisconsin Department of Transportation (WisDOT) required him to show a 60-foot easement along USH 14. Since that time, the state has determined that WisDOT did not have the authority to require that stipulation of approval. Ron Combs, surveyor for John Morning, completed the necessary recording for the CSMs, and John Morning is asking the city to sign the affidavits of correction necessary to remove the 60-foot easement and related notations from the CSMs. The consensus of the Commission was the original 60-foot easement was a WisDOT error that needs to be corrected. In her discussion with WisDOT, Mayor Decker reported that WisDOT envisioned a four-lane highway in this area within the next 20 years. Ald. Hammann requested the City Engineer examine the right-of-way issues required for a divided four-lane highway in this section of HWY 14.
Motion by Hammann, seconded by Braunschweig, to authorize the City Administrator to sign the affidavit of correction for Certified Survey Map #1723826 and for Certified Survey Map #1626042 which removes the 60-foot easement along USH 14. Motion passed.
Bernardo Morice presented his conditional use application for indoor commercial entertainment center off of Brown School Road (Application #2006-12). The family entertainment center would consist of 14 lanes for bowling, 4 lanes for mini –bowling, bowling pro shop, arcade, pool tables, sports bar and grill, and party room. The subject property abuts the Town of Union on the north and east. Low-density residential is located to the north, commercial is to the south, and medium-density residential is located to the west.
Mr. Schwecke presented his report and recommended denying the conditional use in that the hours of operation and associated traffic is not appropriate for the site. If the Plan Commission chose to approve the application, he listed conditions of approval in his report.
Mayor Decker opened the public hearing at 7:00 PM. The following people appeared and spoke against the conditional use permit:
Kim Gruebling, 13396 W Forest Hollow, Town of Union
Bobbi Lezotte, 7536 N. Orchard View Dr., Town of Union
Eric Johnson, 13213 W. Northfield Crossing, Town of Union
Kathryn Rogers, 13349 W. Northfield Crossing, Town of Union
Scott Rogers, 13349 W. Northfield Crossing, Town of Union
Greg Ardisson, 217 N 6th Street, City of Evansville
Linda Church, 555 S. 5th, City of Evansville
Sarah Laufenberg, 7530 Hwy M, City of Evansville
John Witmore, 766A Brown School Road, Town of Union
Barb Jacobson, 55 N 6th Street, City of Evansville
Art Cresson, 13441 W. Northfield Crossing, Town of Union
Brenda Krugman, 13310 W. Northfield Crossing, Town of Union
Ty Krugman, 13310 W. Northfield Crossing, Town of Union
Joyce Parizo, 492 Badger Dr., City of Evansville
Mr. Gruebling submitted a petition with 60 signatures of residents who are against this conditional use permit. Craig Walmer from Evansville Bowl asked if a liquor license was available, and Mr. Connors reported one “Class B” liquor license is available. Mayor Decker read a letter from Terry Biddick, 13327 W. Northfield Crossing, Town of Union. Mr. Biddick is against this conditional use permit.
Mayor Decker closed the public hearing at 7:18 PM.
The Commission pondered how to attract new businesses, address the Town of Union residents’ concerns, and mitigate the exacerbated traffic problems in this area. The Commission liked the idea of a family entertainment center in Evansville but not in this location. The residents in this area have been supportive of all other businesses placed here, but not this one.
Bernardo Morice reported that a lot of people told him they like his family entertainment center. He stated there are not many places in Evansville for this type of business. Jim Grant and Wendy Smith from AMF Bowling Inc. stated this is a family entertainment center, and this type of business is growing rapidly across the nation. This is not a typical bowling alley and bar from the old days, but it is a place where your family can go and have fun. Most communities embrace this type of family entertainment center and are excited to have them in their communities.
Motion by Hammann, seconded by Braunschweig, to act on the application (not defer to a later date). Motion passed unanimously on a roll call vote.
Motion by Hammann, seconded by Braunschweig, to approve the application based on the findings as contained in the staff report and the conclusion that the public benefits of the proposed use outweigh any and all potential adverse impacts, if any. Motion failed unanimously on a roll call vote.
Mr. Schwecke led the discussion on the zoning code text amendment regarding placement of signage on canopies in the B-1, B-3, and B-4 districts as drafted in Ordinance #2006-8. Currently, signage can only be on the vertical flap. This ordinance would also allow signage on the sloping portion of the awning.
The Commission discussed how the purpose of the original language was to restrict unsightly signs on awnings, such as, signage on 100% of the awnings. They discussed anything less than 50% would restrict businesses.
Mayor Decker opened the public hearing at 7:46 PM, and no one appeared. Mayor Decker closed the public hearing at 7:47 PM.
Motion by Hammann, seconded by Braunschweig, to recommend to Council the adoption of Ordinance #2006-8 as drafted. Motion passed.
Ald. Hammann led the discussion on the location of sidewalk improvements along South Second Street between Lincoln Street and Fair Street. Ald. Hammann distributed Prioritization of Sidewalk Connections report from the Public Works Committee. It listed Fair St. and Second Street as the next project for sidewalk work. When Public Works prioritizes sidewalks, they consider safety, schools, parks, business districts, medical centers, collector streets, traffic levels, and infilling gaps in sidewalks. The Fair Street and Second Street projects would connect schools. He reported that the Public Works Committee wants to fill the gaps in the sidewalk on the west side of the street because that is where the kids walk.
Motion by Hammann, seconded by Braunschweig, to authorize the city to complete the sidewalk on South Second Street between Lincoln Street and Fair Street on the west side of the street rather than the east side. Motion passed.
Mr. Schwecke led the discussion regarding the annual review of proposed amendments to the city’s Smart Growth Comprehensive Plan and adopting appropriate requirements. The commissioners discussed whether they should table this resolution until they can merge the city’s plan with the Town of Union’s plan. Mr. Schwecke recommended the Commission add a “Whereas” clause stating, the city is working with the Town of Union to create an agreement. It is anticipated that following the conclusion of that agreement, there will be a city-sponsored amendment to coordinate the two agreements.
Motion by Hammann, seconded by Braunschweig, to approve Plan Commission Resolution 2006-2, adding a “Whereas” clause stating the city will work with the Town of Union to create an agreement to make their plans consistent once the township adopts their plan. It is anticipated that following the conclusion of that agreement, there will be a city-sponsored amendment to the city’s comprehensive plan to make it consistent with the agreement. Motion passed.
Preliminary Development Presentations.
Phil Maas and John Morning presented the idea of annexing Mr. Maas’ land and an amendment to the interim future land use map in the city’s Smart Growth Comprehensive Plan to mark Mr. Maas’ land for development (Mr. Maas’ land already is marked for development in the long-term future land use map in the plan). The Commission was concerned with how this annexation and a new subdivision would fit into the city’s growth goals. Mr. Connors reported that with development of the land that already has been annexed for approved subdivisions or potential future subdivisions, the city would meet its growth goals for the next 10 years. Mr. Connors reported that the Gildner property in the Town of Union already is marked for development in the interim future land use map. The commissioners noted that development of the Maas property is important to the city’s future transportation plan (because 6th Street and 7th Street need to cross his property if they are to intersect with CTH C), but they expressed concern about allowing another subdivision in the near future.
Report of the Evansville Redevelopment Authority
Mr. Connors reported the Redevelopment Authority is waiting to hear from property owners who want to add or remove their properties from Tax Incremental District (TID) No. 5. Only one property owner came forward to request that his parcel be added, and the Redevelopment Authority believes it would be prudent to wait until there are more parcels that need to be added or removed. Roger Berg, 75 Exchange St., reported that it is likely that there will be additional parcels the city will want to consider adding to TID No. 5 within the next six months.
Report of the Evansville Historic Preservation Commission – none.
Report of the Evansville Large-Scale Commercial Development Study Committee
Mr. Schwecke reported on presentation to Evansville Area Chamber of Commerce on April 20th and public listening session held on April 27th. The Committee will meet on May 11th to make changes to the draft recommendations and then present their recommendations to the Plan Commission in June.
City Planner’s Report.
Mr. Schwecke reported on Common Council actions relating to Plan Commission recommendations, proposal to adopt architectural design standards, fiscal impact analysis, traditional neighborhood development (TND) standards, proposed revisions to landscaping standards, and Ton Nonn - dba Badger Cycle. Mr. Connors was instructed to obtain information about the kind of fiscal impact analysis study is required by the City of Elkhorn for new residential development and whether the staff of that city thinks the study requirement produces useful information.
Additionally, he led a discussion regarding ex parte communication. Plan Commission and Common Council have different roles depending on different applications being considered. Plan Commission and Common Council make legislative or quasi-judicial decisions. A legislative decision is when a governing body adopts or revises an ordinance. As a member of a governing body for a legislative decision, members can express their opinions and thoughts outside of a public meeting. A quasi-judicial decision is when a governing body interprets and applies the ordinances to a particular fact situation, such as rezoning, site plan approval, conditional use permit, and variances. As a member of a governing body for a quasi-judicial decision, members are not allowed to talk to anyone about the application outside of a public meeting, which is called ex parte communication, lest it appear that the member has formed an opinion on the application before hearing the evidence and arguments for and against the application during the public meeting. If a commissioner finds himself or herself receiving ex parte communication from a citizen, the commissioner should encourage the citizen to express his or her views and provide his or her information at the public hearing, and the commissioner should avoid stating his or her opinions or thoughts about the application at that time.
Adjournment.
The Commission considered the date of their July meeting, which ordinarily would be on July 3rd, and decided to move the meeting to 6:00 PM on Thursday, June 29th.
Motion by Hammann, seconded Braunschweig, to adjourn, carried. The meeting adjourned at 9:06 PM.
Prepared by:
James A. Beilke
City Clerk/Treasurer
The Minutes of the Plan Commission are not official until approved by Plan Commission.
Regular Meeting
Tuesday, May 1, 2006, 6:00 P.M.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Decker at 6:00 PM. Present were: Mayor Decker, Ald. Braunschweig, Ald. Hammann, Cheryl Dickert, Dave Sauer, Gil Skinner, and Jeff Vrstal. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; Mark Schroeder, City Attorney; and Jim Beilke, Clerk/Treasurer. Ald. Cothard was present in the audience.
Approval of Agenda.
The agenda was approved as printed.
Approval of Minutes.
Motion by Hammann, seconded by Skinner, to waive the reading of the April 3, 2006, Minutes and approve them as printed. Motion passed.
Citizen Appearances Other Than Those Agenda Items Listed - none.
Unfinished Business.
Mr. Connors led the discussion regarding amending the Municipal Code relative to vehicular access restrictions in the B-1, B-2, B-3, B-4 and O-1 zoning districts. The packet contained two draft ordinances, one labeled option A and one labeled option B. Currently, the zoning code provides that in order to ensure minimum disruption to residential development, commercial development in these commercial zoning districts must have their vehicular access onto collector or arterial streets. However, the city has not enforced these provisions consistently. For example, the city allowed commercial development along Brown School Road, but Brown School Road is not a collector or arterial street. Option A would repeal these provisions and re-enact them in more noticeable sections for the B-3, B-4, and O-1 districts; B-1 and B-2 would be exempt. Option B would require that when reviewing a change in zoning to any of these commercial zoning districts, the Plan Commission and Common Council must consider whether there will be increased traffic on local roads and as a result adverse impact on existing residential development. Option B allows the city to review each situation on a case-by-case basis. Ald. Hammann and Braunschweig would be sponsors for Option B.
Mr. Schwecke led the discussion on the update on text amendments to the city’s floodplain regulations so as to be consistent with state and federal requirements. The Federal government and state changed their floodplain regulations. Thus, the city needs to change its regulations to conform to state and federal requirements. Ald. Hammann and Braunschweig would be sponsors.
Mr. Schwecke provided an update on 2005 Assembly Bill 299, which would have repealed a state requirement that county shoreland zoning regulations continue to apply to lands annexed in a city or village. The governor vetoed 2005 Assembly Bill 299. How it stands now is counties are required to adopt minimum standards for shoreland zoning, which would follow lands annexed in a city or village.
Mr. Schwecke led the discussion regarding (1) the adoption of an ordinance banning outdoor furnaces in the city and an ordinance regulating the operation of existing outdoor furnaces, and (2) the adoption of an ordinance that would allow outdoor furnaces throughout the city and regulate their placement, design, and operation. The Commission recommended that an ad hoc committee be set up to study the outdoor furnace issues.
New Business.
Motion by Hammann, seconded by Braunschweig, to set a public hearing regarding the creation of Tax Increment District No. 6 for 6:00 PM on Monday June 5, 2006. Motion passed.
Motion by Hammann, seconded by Sauer, to approve the proposed lot line adjustments for lots 35, 36, and 37 and Outlot 3 of Grand Orchard Estates as depicted on the final plat reviewed on this date (May 1, 2006). Motion passed.
Mr. Connors led the discussion regarding the release of a 60-foot easement along USH 14. When the developer John Morning filed two certified survey maps (CSMs) for his development along Brown School Road, the Wisconsin Department of Transportation (WisDOT) required him to show a 60-foot easement along USH 14. Since that time, the state has determined that WisDOT did not have the authority to require that stipulation of approval. Ron Combs, surveyor for John Morning, completed the necessary recording for the CSMs, and John Morning is asking the city to sign the affidavits of correction necessary to remove the 60-foot easement and related notations from the CSMs. The consensus of the Commission was the original 60-foot easement was a WisDOT error that needs to be corrected. In her discussion with WisDOT, Mayor Decker reported that WisDOT envisioned a four-lane highway in this area within the next 20 years. Ald. Hammann requested the City Engineer examine the right-of-way issues required for a divided four-lane highway in this section of HWY 14.
Motion by Hammann, seconded by Braunschweig, to authorize the City Administrator to sign the affidavit of correction for Certified Survey Map #1723826 and for Certified Survey Map #1626042 which removes the 60-foot easement along USH 14. Motion passed.
Bernardo Morice presented his conditional use application for indoor commercial entertainment center off of Brown School Road (Application #2006-12). The family entertainment center would consist of 14 lanes for bowling, 4 lanes for mini –bowling, bowling pro shop, arcade, pool tables, sports bar and grill, and party room. The subject property abuts the Town of Union on the north and east. Low-density residential is located to the north, commercial is to the south, and medium-density residential is located to the west.
Mr. Schwecke presented his report and recommended denying the conditional use in that the hours of operation and associated traffic is not appropriate for the site. If the Plan Commission chose to approve the application, he listed conditions of approval in his report.
Mayor Decker opened the public hearing at 7:00 PM. The following people appeared and spoke against the conditional use permit:
Kim Gruebling, 13396 W Forest Hollow, Town of Union
Bobbi Lezotte, 7536 N. Orchard View Dr., Town of Union
Eric Johnson, 13213 W. Northfield Crossing, Town of Union
Kathryn Rogers, 13349 W. Northfield Crossing, Town of Union
Scott Rogers, 13349 W. Northfield Crossing, Town of Union
Greg Ardisson, 217 N 6th Street, City of Evansville
Linda Church, 555 S. 5th, City of Evansville
Sarah Laufenberg, 7530 Hwy M, City of Evansville
John Witmore, 766A Brown School Road, Town of Union
Barb Jacobson, 55 N 6th Street, City of Evansville
Art Cresson, 13441 W. Northfield Crossing, Town of Union
Brenda Krugman, 13310 W. Northfield Crossing, Town of Union
Ty Krugman, 13310 W. Northfield Crossing, Town of Union
Joyce Parizo, 492 Badger Dr., City of Evansville
Mr. Gruebling submitted a petition with 60 signatures of residents who are against this conditional use permit. Craig Walmer from Evansville Bowl asked if a liquor license was available, and Mr. Connors reported one “Class B” liquor license is available. Mayor Decker read a letter from Terry Biddick, 13327 W. Northfield Crossing, Town of Union. Mr. Biddick is against this conditional use permit.
Mayor Decker closed the public hearing at 7:18 PM.
The Commission pondered how to attract new businesses, address the Town of Union residents’ concerns, and mitigate the exacerbated traffic problems in this area. The Commission liked the idea of a family entertainment center in Evansville but not in this location. The residents in this area have been supportive of all other businesses placed here, but not this one.
Bernardo Morice reported that a lot of people told him they like his family entertainment center. He stated there are not many places in Evansville for this type of business. Jim Grant and Wendy Smith from AMF Bowling Inc. stated this is a family entertainment center, and this type of business is growing rapidly across the nation. This is not a typical bowling alley and bar from the old days, but it is a place where your family can go and have fun. Most communities embrace this type of family entertainment center and are excited to have them in their communities.
Motion by Hammann, seconded by Braunschweig, to act on the application (not defer to a later date). Motion passed unanimously on a roll call vote.
Motion by Hammann, seconded by Braunschweig, to approve the application based on the findings as contained in the staff report and the conclusion that the public benefits of the proposed use outweigh any and all potential adverse impacts, if any. Motion failed unanimously on a roll call vote.
Mr. Schwecke led the discussion on the zoning code text amendment regarding placement of signage on canopies in the B-1, B-3, and B-4 districts as drafted in Ordinance #2006-8. Currently, signage can only be on the vertical flap. This ordinance would also allow signage on the sloping portion of the awning.
The Commission discussed how the purpose of the original language was to restrict unsightly signs on awnings, such as, signage on 100% of the awnings. They discussed anything less than 50% would restrict businesses.
Mayor Decker opened the public hearing at 7:46 PM, and no one appeared. Mayor Decker closed the public hearing at 7:47 PM.
Motion by Hammann, seconded by Braunschweig, to recommend to Council the adoption of Ordinance #2006-8 as drafted. Motion passed.
Ald. Hammann led the discussion on the location of sidewalk improvements along South Second Street between Lincoln Street and Fair Street. Ald. Hammann distributed Prioritization of Sidewalk Connections report from the Public Works Committee. It listed Fair St. and Second Street as the next project for sidewalk work. When Public Works prioritizes sidewalks, they consider safety, schools, parks, business districts, medical centers, collector streets, traffic levels, and infilling gaps in sidewalks. The Fair Street and Second Street projects would connect schools. He reported that the Public Works Committee wants to fill the gaps in the sidewalk on the west side of the street because that is where the kids walk.
Motion by Hammann, seconded by Braunschweig, to authorize the city to complete the sidewalk on South Second Street between Lincoln Street and Fair Street on the west side of the street rather than the east side. Motion passed.
Mr. Schwecke led the discussion regarding the annual review of proposed amendments to the city’s Smart Growth Comprehensive Plan and adopting appropriate requirements. The commissioners discussed whether they should table this resolution until they can merge the city’s plan with the Town of Union’s plan. Mr. Schwecke recommended the Commission add a “Whereas” clause stating, the city is working with the Town of Union to create an agreement. It is anticipated that following the conclusion of that agreement, there will be a city-sponsored amendment to coordinate the two agreements.
Motion by Hammann, seconded by Braunschweig, to approve Plan Commission Resolution 2006-2, adding a “Whereas” clause stating the city will work with the Town of Union to create an agreement to make their plans consistent once the township adopts their plan. It is anticipated that following the conclusion of that agreement, there will be a city-sponsored amendment to the city’s comprehensive plan to make it consistent with the agreement. Motion passed.
Preliminary Development Presentations.
Phil Maas and John Morning presented the idea of annexing Mr. Maas’ land and an amendment to the interim future land use map in the city’s Smart Growth Comprehensive Plan to mark Mr. Maas’ land for development (Mr. Maas’ land already is marked for development in the long-term future land use map in the plan). The Commission was concerned with how this annexation and a new subdivision would fit into the city’s growth goals. Mr. Connors reported that with development of the land that already has been annexed for approved subdivisions or potential future subdivisions, the city would meet its growth goals for the next 10 years. Mr. Connors reported that the Gildner property in the Town of Union already is marked for development in the interim future land use map. The commissioners noted that development of the Maas property is important to the city’s future transportation plan (because 6th Street and 7th Street need to cross his property if they are to intersect with CTH C), but they expressed concern about allowing another subdivision in the near future.
Report of the Evansville Redevelopment Authority
Mr. Connors reported the Redevelopment Authority is waiting to hear from property owners who want to add or remove their properties from Tax Incremental District (TID) No. 5. Only one property owner came forward to request that his parcel be added, and the Redevelopment Authority believes it would be prudent to wait until there are more parcels that need to be added or removed. Roger Berg, 75 Exchange St., reported that it is likely that there will be additional parcels the city will want to consider adding to TID No. 5 within the next six months.
Report of the Evansville Historic Preservation Commission – none.
Report of the Evansville Large-Scale Commercial Development Study Committee
Mr. Schwecke reported on presentation to Evansville Area Chamber of Commerce on April 20th and public listening session held on April 27th. The Committee will meet on May 11th to make changes to the draft recommendations and then present their recommendations to the Plan Commission in June.
City Planner’s Report.
Mr. Schwecke reported on Common Council actions relating to Plan Commission recommendations, proposal to adopt architectural design standards, fiscal impact analysis, traditional neighborhood development (TND) standards, proposed revisions to landscaping standards, and Ton Nonn - dba Badger Cycle. Mr. Connors was instructed to obtain information about the kind of fiscal impact analysis study is required by the City of Elkhorn for new residential development and whether the staff of that city thinks the study requirement produces useful information.
Additionally, he led a discussion regarding ex parte communication. Plan Commission and Common Council have different roles depending on different applications being considered. Plan Commission and Common Council make legislative or quasi-judicial decisions. A legislative decision is when a governing body adopts or revises an ordinance. As a member of a governing body for a legislative decision, members can express their opinions and thoughts outside of a public meeting. A quasi-judicial decision is when a governing body interprets and applies the ordinances to a particular fact situation, such as rezoning, site plan approval, conditional use permit, and variances. As a member of a governing body for a quasi-judicial decision, members are not allowed to talk to anyone about the application outside of a public meeting, which is called ex parte communication, lest it appear that the member has formed an opinion on the application before hearing the evidence and arguments for and against the application during the public meeting. If a commissioner finds himself or herself receiving ex parte communication from a citizen, the commissioner should encourage the citizen to express his or her views and provide his or her information at the public hearing, and the commissioner should avoid stating his or her opinions or thoughts about the application at that time.
Adjournment.
The Commission considered the date of their July meeting, which ordinarily would be on July 3rd, and decided to move the meeting to 6:00 PM on Thursday, June 29th.
Motion by Hammann, seconded Braunschweig, to adjourn, carried. The meeting adjourned at 9:06 PM.
Prepared by:
James A. Beilke
City Clerk/Treasurer
The Minutes of the Plan Commission are not official until approved by Plan Commission.
Minutes; Evansville Planning Commission: March 6, 2006
Plan Commission
Regular Meeting
Tuesday, March 6, 2006, 6:00 P.M.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:00 PM. Present were: Mayor Ringhand, Ald. Aikman, Ald. Hammann, Cheryl Dickert, Gil Skinner, Dave Sauer, and Jeff Vrstal. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Jim Beilke, Clerk/Treasurer. Ald. Cothard and Sornson were present in the audience.
Approval of Agenda.
The consensus was to move agenda item 7(D), Preliminary Land Division Application, after agenda item 5, Citizen Appearances. The amended agenda was approved.
Approval of Minutes.
Motion by Hammann, seconded by Sauer, to waive the reading of the February 6, 2006 Minutes and approve them as printed. Motion carried.
Citizen Appearances Other Than Those Agenda Items Listed. None.
New Business
Ald. Hammann introduced the preliminary land division application to divide the subject property off of Water Street – Tom and Tracy Gibbs (Application #2006-7). Tracy Gibbs asked Commission to table this item.
Motion by Hammann, seconded by Sauer, to recommend to the Common Council the approval of the division of the subject property into the lots as shown on the preliminary CSM, based on a finding that the land division is environmentally sound and there are adequate public facilities available to meet the needs of the land division, provided the conditions listed in the staff report (and other conditions as may be imposed by the Commission) are met prior to recording the final CSM with Rock County.
Motion by Hammann, seconded by Sauer, to table the application until additional information is provided to show the land division is environmentally sound. Motion passed.
Unfinished Business.
Mr. Schwecke led the discussion regarding amendments to the City’s floodplain regulations so as to be consistent with state and federal requirements. Ald. Hammann and Aikman agreed to be sponsors. Ald. Hammann discussed the possibility of prohibiting manufactured homes in the floodplain area (listed on page 7 and 28 of the draft ordinance). Mr. Schwecke said state law prohibits the city from banning manufactured homes from parts or the entire city, but the city can establish design standards for all houses, including manufactured homes, that would force manufactured homes within the city to be more consistent with houses. Ald. Hammann discussed the possibility of prohibiting private sewer systems in the floodplain area (listed on page 9 of the proposed ordinance). Mr. Sauer recommended not prohibiting private sewer system but making them comply with the building codes.
Mr. Schwecke led the discussion regarding the repeal of a state requirement that county shoreland zoning applies to lands annexed in a city or village. If the governor signs the bill, property owners in the city would not be restricted regarding location of buildings or removal of vegetation near a stream or lake. The city could adopt its own ordinance regarding lot size and building setbacks from a stream or lake, and the city’s ordinance could be less restrictive than Rock County’s ordinance, which is more restrictive than state law. Mr. Schwecke recommended that the city review its ordinance regarding shoreland zoning.
New Business.
John Morning presented the preliminary land division application for a two-lot division on Brown School Road (Application #2006-4). Mr. Morning does not want this project to be responsible for the drive-by lane on HWY 14 as recommended in the staff report (item 7), because he has no control of the subject land.
Mr. Schwecke recommended several conditions for approval as listed in his report: (1) Comply with all provisions of chapter 110 of the Municipal Code and state law; (2) Place the following notation on the face of the final CSM, “Depending on the zoning district classification(s) of adjoining parcels, it is possible that a bufferyard may be required along one or more of the property boundary lines to comply with city zoning standards. Where required, the bufferyard shall be installed when the parcel is develop;” (3) Submit a copy of the easement to the city for review and approval that will be filed with Rock County for the shared access between lots 2 and 3 and an easement between lots 1 and 2. At a minimum, the easements shall address long term maintenance of any roadway built within the easement and the rights and responsibilities of each party; (4) Depict intra-block drainages, if any, on the final CSM with arrows indicating the direction of flow along with the following notation, “Arrows indicate direction of drainage swale construction during grading and such swales shall be maintained by the lot owner, unless modified with approval of the city engineer;” (5) Obtain written authorization of the proposed subdivision from the public works department and the water and light department; (6) All on-site electrical, telephone, and cable service shall be placed underground; (7) The following notation shall be placed on the face of the final CSM, “If a commercial building is constructed on Lot 2 or Lot 3, it shall only be occupied when the City Council determines that necessary intersection improvements at J. Lindemann Drive and US Highway 14 have been completed or will be completed within nine (9) months of such occupancy.” Mr. Schwecke recommended item 7 to deal with problems associated with increased traffic in this area. Mr. Schwecke recommended item 3, so that maintenance of the road is clearly the property owners.
The Plan Commission discussed how to move this project forward and maintain public safety at the intersection at J. Lindemann Drive and US Highway 14. This project will bring in new businesses to this area and increase traffic at this intersection. Currently, the intersection is dangerous and needs a drive-by lane, or four-way intersection that includes a drive-by lane, to improve public safety. The land needed for the drive-by lane is in the Town of Union and is owned by D&D Development. Mr. Morning tried to purchase the land for the drive-by lane from D&D Development and was turned down. D&D Development has filed an application to annex the land into the city. Mr. Morning does not want his project tied to the drive-by lane because he does not have the ability to acquire the land. The city does though condemnation. Roger Berg, 75 Exchange St., recommended that the city start condemnation after 60 days if the land is not annexed. The Plan Commission discussed whether there could be circumstances that might delay annexation of the property and how approving this project would exacerbate the dangerous intersection situation.
Ald. Hammann noted that payment of the deferred assessment, if any, for Lift Station No. 5 should be added to the motion.
Mayor Ringhand opened the public hearing at 7:01 PM. Ald. Sornson favors moving the project along and starting condemnation after 90 days if the land for the drive-by lane is not annexed. Ald. Cothard reported the developer would miss this construction season if the project does not start soon. He favors approving the preliminary land division application and securing the land for the drive-by lane at a later date. Scott Rogers, 13349 W. Northfield Crossing, stated the Town of Union told him the land that is the subject of the land division is “unbuildable” due to the proximity to the gravel pit. He expressed concerns about what type of businesses where going in the new mall and how businesses would affect his neighborhood. Mayor Ringhand closed the public hearing at 7:05 PM.
Mayor Ringhand reported the land that is the subject to the land division has been zoned commercial for many years. She favors tabling the matter for 30 days to see how far D&D Development progresses with its annexation during those 30 days. The consensus was to move the project along and bring a final answer to the issue of acquiring the additional right of way for the drive-by lane within 30 days.
Motion by Hammann, seconded by Sauer, to recommend to the Common Council the approval of the division of the subject property into the lots as shown on the preliminary CSM, based on a finding that the land division is environmentally sound and there are adequate public facilities available to meet the needs of the land division, provided the conditions listed in the staff report and the following additional conditions are met prior to recording the final CSM with Rock County: (1) within the next 30 days, the City Administrator must negotiate with D&D Development a written purchase agreement for the additional right of way for drive-by lane, and if that fails the city should move forward with condemnation of the additional right of way and (2) the applicant must pay for the deferred assessment, if any, for Lift Station No. 5. Motion passed 6-1 on a roll call vote, with Mr. Vrstal voting against.
Mr. Morning presented the conditional use application for a group development on a single parcel on Brown School Road (Application #2006-5). Two multi-tenant commercial buildings are proposed.
Mr. Skinner raised the issue that many types of businesses could occupy these proposed buildings. Some business, such as a restaurant, would have to apply for an additional conditional use permit according to the Municipal Code.
Mayor Ringhand opened the public hearing at 7:42 PM. Mr. Rogers expressed concerns about how a restaurant would adversely affect the neighborhood. Mayor Ringhand reported that any restaurant would be required to apply for a conditional use permit from the Commission, and any concerns could be addressed then. Mayor Ringhand closed the public hearing at 7:44 PM.
Motion by Hammann, seconded by Sauer, and to act on the application (not defer to a later date). Motion passed unanimously on a roll call vote.
Motion by Hammann, seconded by Sauer, to approve the application based on the findings as contained in the staff report and the conclusion that the public benefits of the proposed use outweigh any and all potential adverse impacts, if any. Motion passed.
Mr. Morning presented the site plan application to construct two multi-tenant commercial buildings (strip mall) on Brown School Road (Application #2006-6). This project will bring in new businesses, create jobs, and increase tax base. Mr. Morning reported that the project will be phased, and this site plan application is for both buildings.
Mr. Schwecke recommended applicant (1) obtain approval from the city engineer for stormwater and drainage and (2) add a four-foot wide band of masonry on the back of the building at the southeast corner so as to wrap the corner in masonry.
Mr. Morning said the rear elevation drawing in the packet contains an error—it was not supposed to show any masonry on the rear of the building, because the rear of the buildings is not visible and masonry adds cost. Additionally, he wants the sidewalk under the canopy of the building. The site plan shows the landscaping under the canopy and the sidewalk next to landscaping beyond the canopy. The consensus was to move the sidewalk under the canopy and move the landscaping from under the canopy to a raised landscaping bed along the drive-thru lane. Commissioners noted that a light plan and sign permit needed approval for this site plan. Commissioners raised the issue of requiring sidewalks by the street, so that customers could walk to the businesses in the strip mall. Mr. Morning reported there are no sidewalks on the properties to the west of the subject property on the same side of Brown School Road. Thus, any sidewalk on the subject property would dead end. Currently, the city is negotiating with the other property owners in this area to put in sidewalks. The consensus was the applicant must agree to build sidewalk connections on subject property when the adjacent property owners put in their sidewalks.
Motion by Hammann, seconded by Sauer, to approve the site plan application (including both buildings) with the following conditions: (1) No masonry on the rear sides of the buildings except a 4-foot-wide vertical band of masonry on the southeast corner of the first (southwest) building; (2) Obtain approval from the city engineer for stormwater and drainage; (3) Submit a lighting plan to the city engineer for approval; (4) Submit a sign permit application for approval; (5) Move landscaping away from the fronts of the buildings to a raised landscaping bed along the drive-thru lane; and (6) Applicant must construct sidewalk along Brown School Road when sidewalk is constructed on properties to the west on the same side of Brown School Road. Motion carried.
Roger Berg presented the zoning code map amendment for 351 Union Street (Application #2006-10). This amendment to change the zoning to Community Business District (B-3) is consistent with the recent Future Land Use Map amendment. Mr. Berg reported the current plan is to leave the residential house alone and use the backyard for a commercial use—expansion of the parking lot for Symdon Chevrolet.
Mayor Ringhand opened the public hearing at 8:34 PM. Ald. Sornson expressed support of local businesses and favors passing the motion. Mayor Ringhand closed the public hearing at 8:35 PM.
Motion Hammann, seconded by Skinner, to recommend to Council the adoption of Ordinance #2006-4 as drafted based on the findings contained in the staff report and on the conclusion that the public benefits of the proposed zoning classification outweigh any and all potential adverse impacts, if any. Motion passed.
Mr. Schwecke presented the subdivision code text amendment to revise the requirements for setting the fee in lieu of parkland dedication. He reported that the Commission wanted to adjust the way we set park dedication fees by averaging the percent change of the last three years, which is presented in the proposed ordinance. He prepared the ordinance amending the Municipal Code relative to parkland dedications and resolution establishing fees in lieu of making park and recreation land dedication. Mr. Connors reported we could incorporate cost of land and equipment to build a park and divide the cost by among the lots in new subdivisions.
Mayor Ringhand opened the public hearing at 8:41 PM. No one appeared. Mayor Ringhand closed the public hearing at 8:42 PM.
Motion by Hammann, seconded Sauer, to recommend to Council the approval of Ordinance #2006-5, amending the Municipal Code relative to Parkland Dedications, as drafted. Motion passed.
Ald. Hammann led a discussion regarding a resolution of the Evansville Common Council setting a new fee in lieu of park dedication for April 1, 2006 through March 31, 2007. He wants a new formula for park dedication by January 1, 2007.
Motion by Hammann, seconded by Sauer, to recommend to Council the approval of Resolution #2006-2, establishing fees in lieu of making park and recreation land dedication, as drafted, with the an amendment that a new formula for park dedications be in place by January 1, 2007. Motion passed.
Mr. Schwecke led a discussion regarding 2005 Wisconsin Act 112, which revises state statutes relating to local ordinances governing the reconstruction of a damaged structure. State law was changed last week relative to how local zoning regulations treat nonconforming structure if they are damaged or destroyed. The Plan Commission recently adopted an ordinance allowing nonconforming structures to be reconstructed. There are minor differences between the text in the recently amended Municipal Code regarding reconstruction of nonconforming structures and the new state law. The new state law did not deal with reestablishing nonconforming uses in damaged or destroyed structures, which was an additional subject matter addressed in the recent ordinance. Mr. Schwecke recommended that the city adopt an ordinance making the Municipal Code consistent with the new state law. Ald. Hammann and Sornson agreed to sponsor the ordinance.
Mr. Schwecke led a discussion regarding landscaping and bufferyard requirements. He reported the landscaping and bufferyard provisions of the Municipal Code lack flexibility, and it was problematic applying them. He recommends incorporating more flexibility in the code by establishing when and how the city can deviate from the standards, so that the code would provide both certainty and flexibility. The Commission instructed staff to revise the landscaping code.
Preliminary Development Presentations. None
Report of the Evansville Redevelopment Authority.
Report of the Evansville Historic Preservation Commission.
Report of the Evansville Large-Scale Commercial Development Study Committee.
Mayor Ringhand reported the Committee has a rough draft ordinance, regulating large-scale development, and will hold a public hearing on April 20, 2006.
City Planner’s Report.
Mr. Schwecke reported some of the architectural design standards might be integrated into the work of the big-box study committee. The issue regarding Tom Nonn was turned over to the city attorney.
Adjournment
Motion by Hammann, seconded Skinner, to adjourn, carried. The meeting adjourned at 9:05 PM.
Prepared by:
James A. Beilke
City Clerk/Treasurer
The Minutes are not official until approved by Plan Commission at the next regular meeting.
Regular Meeting
Tuesday, March 6, 2006, 6:00 P.M.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:00 PM. Present were: Mayor Ringhand, Ald. Aikman, Ald. Hammann, Cheryl Dickert, Gil Skinner, Dave Sauer, and Jeff Vrstal. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Jim Beilke, Clerk/Treasurer. Ald. Cothard and Sornson were present in the audience.
Approval of Agenda.
The consensus was to move agenda item 7(D), Preliminary Land Division Application, after agenda item 5, Citizen Appearances. The amended agenda was approved.
Approval of Minutes.
Motion by Hammann, seconded by Sauer, to waive the reading of the February 6, 2006 Minutes and approve them as printed. Motion carried.
Citizen Appearances Other Than Those Agenda Items Listed. None.
New Business
Ald. Hammann introduced the preliminary land division application to divide the subject property off of Water Street – Tom and Tracy Gibbs (Application #2006-7). Tracy Gibbs asked Commission to table this item.
Motion by Hammann, seconded by Sauer, to recommend to the Common Council the approval of the division of the subject property into the lots as shown on the preliminary CSM, based on a finding that the land division is environmentally sound and there are adequate public facilities available to meet the needs of the land division, provided the conditions listed in the staff report (and other conditions as may be imposed by the Commission) are met prior to recording the final CSM with Rock County.
Motion by Hammann, seconded by Sauer, to table the application until additional information is provided to show the land division is environmentally sound. Motion passed.
Unfinished Business.
Mr. Schwecke led the discussion regarding amendments to the City’s floodplain regulations so as to be consistent with state and federal requirements. Ald. Hammann and Aikman agreed to be sponsors. Ald. Hammann discussed the possibility of prohibiting manufactured homes in the floodplain area (listed on page 7 and 28 of the draft ordinance). Mr. Schwecke said state law prohibits the city from banning manufactured homes from parts or the entire city, but the city can establish design standards for all houses, including manufactured homes, that would force manufactured homes within the city to be more consistent with houses. Ald. Hammann discussed the possibility of prohibiting private sewer systems in the floodplain area (listed on page 9 of the proposed ordinance). Mr. Sauer recommended not prohibiting private sewer system but making them comply with the building codes.
Mr. Schwecke led the discussion regarding the repeal of a state requirement that county shoreland zoning applies to lands annexed in a city or village. If the governor signs the bill, property owners in the city would not be restricted regarding location of buildings or removal of vegetation near a stream or lake. The city could adopt its own ordinance regarding lot size and building setbacks from a stream or lake, and the city’s ordinance could be less restrictive than Rock County’s ordinance, which is more restrictive than state law. Mr. Schwecke recommended that the city review its ordinance regarding shoreland zoning.
New Business.
John Morning presented the preliminary land division application for a two-lot division on Brown School Road (Application #2006-4). Mr. Morning does not want this project to be responsible for the drive-by lane on HWY 14 as recommended in the staff report (item 7), because he has no control of the subject land.
Mr. Schwecke recommended several conditions for approval as listed in his report: (1) Comply with all provisions of chapter 110 of the Municipal Code and state law; (2) Place the following notation on the face of the final CSM, “Depending on the zoning district classification(s) of adjoining parcels, it is possible that a bufferyard may be required along one or more of the property boundary lines to comply with city zoning standards. Where required, the bufferyard shall be installed when the parcel is develop;” (3) Submit a copy of the easement to the city for review and approval that will be filed with Rock County for the shared access between lots 2 and 3 and an easement between lots 1 and 2. At a minimum, the easements shall address long term maintenance of any roadway built within the easement and the rights and responsibilities of each party; (4) Depict intra-block drainages, if any, on the final CSM with arrows indicating the direction of flow along with the following notation, “Arrows indicate direction of drainage swale construction during grading and such swales shall be maintained by the lot owner, unless modified with approval of the city engineer;” (5) Obtain written authorization of the proposed subdivision from the public works department and the water and light department; (6) All on-site electrical, telephone, and cable service shall be placed underground; (7) The following notation shall be placed on the face of the final CSM, “If a commercial building is constructed on Lot 2 or Lot 3, it shall only be occupied when the City Council determines that necessary intersection improvements at J. Lindemann Drive and US Highway 14 have been completed or will be completed within nine (9) months of such occupancy.” Mr. Schwecke recommended item 7 to deal with problems associated with increased traffic in this area. Mr. Schwecke recommended item 3, so that maintenance of the road is clearly the property owners.
The Plan Commission discussed how to move this project forward and maintain public safety at the intersection at J. Lindemann Drive and US Highway 14. This project will bring in new businesses to this area and increase traffic at this intersection. Currently, the intersection is dangerous and needs a drive-by lane, or four-way intersection that includes a drive-by lane, to improve public safety. The land needed for the drive-by lane is in the Town of Union and is owned by D&D Development. Mr. Morning tried to purchase the land for the drive-by lane from D&D Development and was turned down. D&D Development has filed an application to annex the land into the city. Mr. Morning does not want his project tied to the drive-by lane because he does not have the ability to acquire the land. The city does though condemnation. Roger Berg, 75 Exchange St., recommended that the city start condemnation after 60 days if the land is not annexed. The Plan Commission discussed whether there could be circumstances that might delay annexation of the property and how approving this project would exacerbate the dangerous intersection situation.
Ald. Hammann noted that payment of the deferred assessment, if any, for Lift Station No. 5 should be added to the motion.
Mayor Ringhand opened the public hearing at 7:01 PM. Ald. Sornson favors moving the project along and starting condemnation after 90 days if the land for the drive-by lane is not annexed. Ald. Cothard reported the developer would miss this construction season if the project does not start soon. He favors approving the preliminary land division application and securing the land for the drive-by lane at a later date. Scott Rogers, 13349 W. Northfield Crossing, stated the Town of Union told him the land that is the subject of the land division is “unbuildable” due to the proximity to the gravel pit. He expressed concerns about what type of businesses where going in the new mall and how businesses would affect his neighborhood. Mayor Ringhand closed the public hearing at 7:05 PM.
Mayor Ringhand reported the land that is the subject to the land division has been zoned commercial for many years. She favors tabling the matter for 30 days to see how far D&D Development progresses with its annexation during those 30 days. The consensus was to move the project along and bring a final answer to the issue of acquiring the additional right of way for the drive-by lane within 30 days.
Motion by Hammann, seconded by Sauer, to recommend to the Common Council the approval of the division of the subject property into the lots as shown on the preliminary CSM, based on a finding that the land division is environmentally sound and there are adequate public facilities available to meet the needs of the land division, provided the conditions listed in the staff report and the following additional conditions are met prior to recording the final CSM with Rock County: (1) within the next 30 days, the City Administrator must negotiate with D&D Development a written purchase agreement for the additional right of way for drive-by lane, and if that fails the city should move forward with condemnation of the additional right of way and (2) the applicant must pay for the deferred assessment, if any, for Lift Station No. 5. Motion passed 6-1 on a roll call vote, with Mr. Vrstal voting against.
Mr. Morning presented the conditional use application for a group development on a single parcel on Brown School Road (Application #2006-5). Two multi-tenant commercial buildings are proposed.
Mr. Skinner raised the issue that many types of businesses could occupy these proposed buildings. Some business, such as a restaurant, would have to apply for an additional conditional use permit according to the Municipal Code.
Mayor Ringhand opened the public hearing at 7:42 PM. Mr. Rogers expressed concerns about how a restaurant would adversely affect the neighborhood. Mayor Ringhand reported that any restaurant would be required to apply for a conditional use permit from the Commission, and any concerns could be addressed then. Mayor Ringhand closed the public hearing at 7:44 PM.
Motion by Hammann, seconded by Sauer, and to act on the application (not defer to a later date). Motion passed unanimously on a roll call vote.
Motion by Hammann, seconded by Sauer, to approve the application based on the findings as contained in the staff report and the conclusion that the public benefits of the proposed use outweigh any and all potential adverse impacts, if any. Motion passed.
Mr. Morning presented the site plan application to construct two multi-tenant commercial buildings (strip mall) on Brown School Road (Application #2006-6). This project will bring in new businesses, create jobs, and increase tax base. Mr. Morning reported that the project will be phased, and this site plan application is for both buildings.
Mr. Schwecke recommended applicant (1) obtain approval from the city engineer for stormwater and drainage and (2) add a four-foot wide band of masonry on the back of the building at the southeast corner so as to wrap the corner in masonry.
Mr. Morning said the rear elevation drawing in the packet contains an error—it was not supposed to show any masonry on the rear of the building, because the rear of the buildings is not visible and masonry adds cost. Additionally, he wants the sidewalk under the canopy of the building. The site plan shows the landscaping under the canopy and the sidewalk next to landscaping beyond the canopy. The consensus was to move the sidewalk under the canopy and move the landscaping from under the canopy to a raised landscaping bed along the drive-thru lane. Commissioners noted that a light plan and sign permit needed approval for this site plan. Commissioners raised the issue of requiring sidewalks by the street, so that customers could walk to the businesses in the strip mall. Mr. Morning reported there are no sidewalks on the properties to the west of the subject property on the same side of Brown School Road. Thus, any sidewalk on the subject property would dead end. Currently, the city is negotiating with the other property owners in this area to put in sidewalks. The consensus was the applicant must agree to build sidewalk connections on subject property when the adjacent property owners put in their sidewalks.
Motion by Hammann, seconded by Sauer, to approve the site plan application (including both buildings) with the following conditions: (1) No masonry on the rear sides of the buildings except a 4-foot-wide vertical band of masonry on the southeast corner of the first (southwest) building; (2) Obtain approval from the city engineer for stormwater and drainage; (3) Submit a lighting plan to the city engineer for approval; (4) Submit a sign permit application for approval; (5) Move landscaping away from the fronts of the buildings to a raised landscaping bed along the drive-thru lane; and (6) Applicant must construct sidewalk along Brown School Road when sidewalk is constructed on properties to the west on the same side of Brown School Road. Motion carried.
Roger Berg presented the zoning code map amendment for 351 Union Street (Application #2006-10). This amendment to change the zoning to Community Business District (B-3) is consistent with the recent Future Land Use Map amendment. Mr. Berg reported the current plan is to leave the residential house alone and use the backyard for a commercial use—expansion of the parking lot for Symdon Chevrolet.
Mayor Ringhand opened the public hearing at 8:34 PM. Ald. Sornson expressed support of local businesses and favors passing the motion. Mayor Ringhand closed the public hearing at 8:35 PM.
Motion Hammann, seconded by Skinner, to recommend to Council the adoption of Ordinance #2006-4 as drafted based on the findings contained in the staff report and on the conclusion that the public benefits of the proposed zoning classification outweigh any and all potential adverse impacts, if any. Motion passed.
Mr. Schwecke presented the subdivision code text amendment to revise the requirements for setting the fee in lieu of parkland dedication. He reported that the Commission wanted to adjust the way we set park dedication fees by averaging the percent change of the last three years, which is presented in the proposed ordinance. He prepared the ordinance amending the Municipal Code relative to parkland dedications and resolution establishing fees in lieu of making park and recreation land dedication. Mr. Connors reported we could incorporate cost of land and equipment to build a park and divide the cost by among the lots in new subdivisions.
Mayor Ringhand opened the public hearing at 8:41 PM. No one appeared. Mayor Ringhand closed the public hearing at 8:42 PM.
Motion by Hammann, seconded Sauer, to recommend to Council the approval of Ordinance #2006-5, amending the Municipal Code relative to Parkland Dedications, as drafted. Motion passed.
Ald. Hammann led a discussion regarding a resolution of the Evansville Common Council setting a new fee in lieu of park dedication for April 1, 2006 through March 31, 2007. He wants a new formula for park dedication by January 1, 2007.
Motion by Hammann, seconded by Sauer, to recommend to Council the approval of Resolution #2006-2, establishing fees in lieu of making park and recreation land dedication, as drafted, with the an amendment that a new formula for park dedications be in place by January 1, 2007. Motion passed.
Mr. Schwecke led a discussion regarding 2005 Wisconsin Act 112, which revises state statutes relating to local ordinances governing the reconstruction of a damaged structure. State law was changed last week relative to how local zoning regulations treat nonconforming structure if they are damaged or destroyed. The Plan Commission recently adopted an ordinance allowing nonconforming structures to be reconstructed. There are minor differences between the text in the recently amended Municipal Code regarding reconstruction of nonconforming structures and the new state law. The new state law did not deal with reestablishing nonconforming uses in damaged or destroyed structures, which was an additional subject matter addressed in the recent ordinance. Mr. Schwecke recommended that the city adopt an ordinance making the Municipal Code consistent with the new state law. Ald. Hammann and Sornson agreed to sponsor the ordinance.
Mr. Schwecke led a discussion regarding landscaping and bufferyard requirements. He reported the landscaping and bufferyard provisions of the Municipal Code lack flexibility, and it was problematic applying them. He recommends incorporating more flexibility in the code by establishing when and how the city can deviate from the standards, so that the code would provide both certainty and flexibility. The Commission instructed staff to revise the landscaping code.
Preliminary Development Presentations. None
Report of the Evansville Redevelopment Authority.
Report of the Evansville Historic Preservation Commission.
Report of the Evansville Large-Scale Commercial Development Study Committee.
Mayor Ringhand reported the Committee has a rough draft ordinance, regulating large-scale development, and will hold a public hearing on April 20, 2006.
City Planner’s Report.
Mr. Schwecke reported some of the architectural design standards might be integrated into the work of the big-box study committee. The issue regarding Tom Nonn was turned over to the city attorney.
Adjournment
Motion by Hammann, seconded Skinner, to adjourn, carried. The meeting adjourned at 9:05 PM.
Prepared by:
James A. Beilke
City Clerk/Treasurer
The Minutes are not official until approved by Plan Commission at the next regular meeting.
Minutes: Evansville Planning Commission: January 3, 2006
Plan Commission
Regular Meeting
Tuesday, January 3, 2006, 6:00 P.M.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:00 PM. Present were: Mayor Ringhand, Ald. Aikman, Ald. Hammann, Cheryl Dickert, Dave Sauer, and Jeff Vrstal. Gil Skinner was absent. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Jim Beilke, Clerk/Treasurer. Ald. Cothard, Juergens, and Sornson were present in the audience.
Approval of Agenda.
The Agenda was approved after deleting “(Move agenda item 7H to be the first item under new business)” in item 3 – Approval of agenda.
Approval of Minutes.
Motion by Aikman, seconded by Sauer, to waive the reading of the December 5, 2005, Minutes and approve them as printed.
Motion by Aikman, seconded by Hammann, to amend the minutes to incorporate into a statement that the City of Evansville, Town of Union, and Evansville School District will seek to cooperate regarding managing the impact of residential development on the school district and to consider contributing to a study projecting future enrollment and/or a study of the fiscal impact of residential development. Motion passed.
The original motion, as amended, passed.
Motion by Hammann, seconded by Aikman, to waive the reading of the December 15, 2005 Minutes and approve them as printed. Motion passed.
Citizen Appearances Other Than Those Agenda Items Listed. None.
Unfinished Business.
Motion by Hammann, seconded by Sauer, to remove from the table a motion to recommend to the Common Council approval of the final land division for City of Evansville and MJ Properties LLC (boundary line relocation) – Application 2005-25. This certified survey map takes 3 lots and combines them into two lots. The city will own lot 1 and MJ Properties will own lot 2. Motion passed.
The original motion passed.
New Business.
Motion by Hammann, seconded by Sauer, to recommend to Council the approval of an easement agreement between the City of Evansville and MJ Properties, LLC. Mr. Connors reported last month the City and MJ Properties released an easement established in favor of the City on parcel 6-27-165 (Dean Community Center parcel and adjacent parking lot parcel). Now, after the new boundary lines from previous motion, the City and MJ Properties are asking to enter into an agreement granting a new ingress-egress easement across the north part of the parking lot. Motion passed.
Mr. Schwecke made the initial presentation regarding Ordinance #2005-46, a zoning code text amendment relative to violations of sign regulations, which addresses removing signs illegally placed on public and private properties and illegal signs that are readily movable. Illegal signs shall be removed or conformed to code within two days of written receipt of warning. Dangerous signs shall be removed or conformed to code within five days.
The Plan Commission reviewed the following items: (1) the disposal of illegal signs within 24 hours, questioning if that was adequate time; (2) removal of illegal signs on private property, questioning if the city wants to be involved with private affairs; (3) “threat to public safety” of dangerous signs, questioning who defines the threat to public safety; (4) and under (d) Penalties in line 46, “any neighboring property owner,” questioning if the city wants to be involved with private affairs. Additionally, the Commission discussed the “may be” in line 45 regarding illegal signs “may be” disposed of within 24 hours or removal, and the consensus was it should change to “shall be.”
Mayor Ringhand opened the public hearing at 6:38 PM. Steve Hagen, 420 W. Main St., pointed out if a council member is the “any neighboring property owner” in line 46 of the proposed ordinance, that council member would have the advantage of the City Attorney representing them. Ald. Sornson, 249 Franklin St., stated only the city should enforce the ordinances, not citizens, in regards to the “any neighboring property owner” in line 46. Mayor Ringhand closed the public hearing at 6:40 PM.
Mr. Connors noted that the “any property owner” text is not new text being added by the proposed ordinance, but instead was part of the original sign regulations. The Plan Commission discussed how citizens usually bring violations to the attention of the city asking why things are being or not being done. If the Plan Commission takes out or leaves in the phrase “any neighboring property owner,” it would not change fact that when citizens believe the city is not enforcing its zoning code or sign regulations, this usually is brought to the attention of the Plan Commission. Mr. Schwecke reported that if the city fails to enforce its sign regulations, a citizen could sue the city for a “writ of mandamus” to force the city to enforce its sign regulations.
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-46 as drafted.
Motion by Hammann, seconded by Vrstal, to amend line 27 by deleting the word “may” and replacing it with “shall” and deleting the “24” and replacing it with “72.” Motion passed.
Motion by Vrstal, seconded by Aikman, to amend line 46 on page one and line 1 on page 2 by deleting the words “or any neighboring property owner, who would be specifically damaged by such violation.” Motion passed.
The original motion, as amended, passed.
Mr. Schwecke made the initial presentation regarding Ordinance #2005-47, a zoning code text amendment relative to minimum building sizes for group developments in the B-4 District. In 2002, the City repealed all minimum building size requirements in the B-4 district except for buildings that are part of a group development, which was an oversight. This amendment would correct the oversight in the text.
Mayor Ringhand opened the public hearing at 6:38 PM. No one appeared. Mayor Ringhand closed the public hearing at 6:40 PM.
Motion by Hammann, seconded by Aikman, to recommend to Council the adoption of Ordinance #2005-47 as drafted. Motion passed.
Mr. Schwecke made the initial presentation regarding Ordinance #2005-48, a zoning code map amendment relative to rezoning territory from Central Business District (B-2) to Residential District Two (R-2). The applicant, Lolita Marten, has submitted an application to rezone the property located at 30 S. Madison St. Historically, the property has been a residence. Because it has been vacant for over a year, the first floor may be used for residential purposes only if at least 700 square feet of the first floor, facing the street, is used for commercial purposes. The property is classified as residential on the Interim Future Use map and Future Land Use map. The ordinance would change the zoning code for subject property to match the maps.
The Plan Commission questioned why this property was zoned B-2. Staff speculated that the original thought was this whole area would become commercial. Plan Commission noted that the whole block is zoned B-2. If this property is zoned R-2, the bufferyard requirements would only apply to new development.
Mayor Ringhand opened the public hearing at 7:02 PM. Ald. Sornson asked the Commission to rezone the adjacent property for the same reasons the Commission is considering rezoning the subject property. Mr. Schwecke stated that would delay the rezoning of the subject property, which is not consistent with the applicant’s plans. Ald. Cothard and Ron Arndt, 16 S. Madison St., requested that the Commission grant a conditional use permit instead of rezoning. Mr. Arndt also stated mixed use falls under B-2 zoning. Ald. Juergens noted mixed use would benefit the downtown. The applicant, Lolita Martin, stated mixed use would maintain the downtown area. Sandy Decker, 143 W. Main St., favors zoning the property residential, which would be consistent with the Smart Growth Plan. Mayor Ringhand closed the public hearing at 7:12 PM.
The Plan Commission noted the applicant wants to use the property as a duplex but it historically has been used as a single-family home, and asked if a conditional use permit was issued. Staff stated that neither single-family nor two-family dwellings are permitted or conditional uses in the B-2 district, so the past residential use was a legal nonconforming use, which lapsed when the building remained vacant for over a year. A conditional use permit cannot be issued for the duplex the applicant wants to create as long as the property remains zoned B-2. The consensus was that it is best for the city to zone some properties in this area to residential. Thus, the applicant could convert the vacant building into something productive.
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-48 as drafted based on the findings as contained in the staff report and on the conclusion that the public benefits of the proposed zoning classification outweigh any and all potential adverse impacts, if any. Motion passed.
Mr. Schwecke made the initial presentation on Ordinance #2005-49, which would enact a moratorium on the installation of outdoor furnaces within the City of Evansville. The Plan Commission has been discussing the idea of regulating outdoor furnaces. Last month, they instructed staff to draft this moratorium as an interim step before the final decision on banning or regulating outdoor furnaces.
During the initial discussion by the Plan Commission, the consensus was to move into the public hearing, so that Ron Arndt could present information regarding outdoor furnaces. Mr. Arndt is the President of R.A. Heating and Air Conditioning, Inc. and has extensive knowledge on outdoor furnaces.
Mayor Ringhand opened the public hearing at 7:29 PM. Mr. Arndt stated the major problem with outdoor wood burning appliances is the lack of education and regulation. He stated that a certified outdoor wood-burning furnace produces fewer emissions than a conventional wood-burning stove. It produces less than half the emissions. The key is proper installation and operation of the outdoor wood-burning furnace. When outdoor wood-burning furnaces were first marketed to the public, some outdoor wood-burning manufacturers hastily produced poorly designed furnaces and had ineffective installation standards, which had a negative impact on the whole industry. Now, state and local governments across the nation are developing written standards to regulate emissions from outdoor wood burners. As a result of these two events, manufactures of outdoor wood-burning appliances have formed a group called Hearth, Patio and Barbecue Association (HPBA). HPBA is working with government entities to develop standards to regulate outdoor wood-burning appliances. Using his contacts with HPBA, Mr. Arndt is assisting Fort Atkinson, Deerfield, and Cambridge in wording their ordinances regulating outdoor wood-burning appliances. He is volunteering to help Evansville. Bill Alt, 216 W. Main St., is against outdoor wood-burning furnaces because the emissions are a public nuisance and a majority of the city lots are too small to accommodate outdoor furnaces. Steve Hagen, 420 W. Main St., asked the Commission to consider lots size in their regulations and involve the fire department in their discussions. Ald. Juergens asked the Commission to set up a time line of six months for their final decision. Mayor Ringhand closed the public hearing at 8:00 PM
The Plan Commission is currently in a fact finding stage, and the consensus was to enact a moratorium for one year or until they are ready to make a final decision on banning or regulating outdoor wood-burning furnaces.
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-49 amending line 13 by inserting a comma after the word corn and line 14 by deleting the word “corn.” Motion passed.
Mr. Connors made the initial presentation on Ordinance #2005-50, a zoning code text amendment relative to minimum lot size in Residential District One (R-1) and Residential District Two (R-2). In the older part of the city, there are lots platted before January 1, 2001, that do not meet the minimum sizes in the R-1 district, which are 8,000 square feet for single-family dwellings and 10,000 square feet for two-family dwellings. This ordinance establishes minimum sizes for lots platted before January 1, 2001, and after December 31, 2000. If a lot is plotted before January 1, 2001, the minimum lot sizes are 6,000 square feet for single-family dwellings and 8,000 square feet for two-family dwellings, in both the R-1 and R-2 districts. Adoption of this ordinance would complete an objective in the Smart Growth Comprehensive Plan.
Mayor Ringhand opened the public hearing at 8:14 PM. No one appeared. Mayor Ringhand closed the public hearing at 8:15 PM
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-50 as drafted. Motion passed.
Mr. Sauer made the initial presentation Ordinance #2005-53, which would amend Chapter 126 of the municipal code to add an article on wellhead protection. He stated the Department of Natural Resources (DNR) requires a protection plan for the city’s new well. Part of the protection plan requires the municipality to pass an ordinance that identifies the area of protection around new and existing wells. This ordinance is one of the requirements to get our new well approved.
Plan Commission noted this ordinance would give the city the power to protect our water supplies by restricting or prohibiting certain business activities and structures around our three wells. Plan Commission reviewed how this ordinance would affect future industrial uses, noting that only new development would be governed by this ordinance. The Plan Commission noted that current laws protect communities (and wells) from hazardous industrial chemicals. Existing businesses are required by law to have containment systems for industrial chemicals, which are costly. This ordinance provides local power to balance protecting the municipal water supply and supporting local businesses.
Mayor Ringhand commented that she was surprised that some of the uses listed as conditional uses within the projection zones are not instead listed as prohibited uses.
Mayor Ringhand opened the public hearing at 8:32 PM. Ms. Decker asked whether the protection zones extend outside the city limits, and staff responded the answer is “yes.” Ald. Hammann noted that to the extent the protection zones extend outside the city limits, they are within the city’s extraterritorial plat review jurisdiction. Ms. Decker asked if the city must offer the conditional uses listed in Section 12(2) rather than just prohibiting them. Staff reported the city could prohibit these conditional uses, but this ordinance is drafted to allow these as conditional uses for the Plan Commission to grant or deny. Mr. Sauer said this draft ordinance has been used for over five years, and there are some reasons for these uses to be listed as conditional uses. Ms. Decker questioned why any communities would allow some of these conditional uses. Mayor Ringhand closed the public hearing at 8:37 PM.
In the final discussion by Plan Commission, Ald. Hammann discussed adding bio-hazardous chemical to the conditional uses listed in Section 12(2) because they are more dangerous than some of the petroleum chemicals. The city would want to know what chemicals a bio-medical research company is using. Thus, the city could then make the appropriate decision with a bio-medical research company located within the protection zone. Ald. Aikman questioned the wording on page 6, line 1. Her concerns were the wording implies these conditional uses are allowed. The city has the right to deny these conditional uses, and realistically, would never allow these conditional uses. Staff reported that the assumption in the code is everything is permitted unless it is prohibited or requires a conditional use permit. Staff suggested amending the ordinance to read as, “The following conditional uses shall be allowed only after the issuance of conditional uses permit.” This wording would be consistent with current code. Staff noted that in Section 4, the groundwater technical review committee would provide objective and scientific technical review of request for conditional use applications and would maintain the city’s interest in protecting the groundwater. Plan Commission concluded that small quantities of hazardous chemicals may be acceptable in this area as opposed to large quantities. Staff recommended this ordinance should be placed in Chapter 130 of the Municipal Code (Zoning) rather than in Chapter 126 (Utilities).
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-53, with the following amendments: (1) page 6, line 29, change the word “tat” to “that;” (2) page 7, lines 15 through 40, underscoring all of the lines; (3) page 6, line 15, add item “g. Bio-chemical research or manufacture facilities;” (4) page 6, line 1, replace all of the words with “These conditional uses are permitted in Zone 2 only after the issuance of a conditional use permit;” and (5) place the ordinance in a new subdivision in Chapter 130, Article VIII (instead of in a new Article III of Chapter 126). Motion passed.
Motion by Hammann, seconded by Sauer, to adopt Plan Commission Resolution #2006-1, which recommends that the City Council adopt an amendment of the Smart Growth Comprehensive Plan to change the classification of certain parcels from single-family residential to commercial on the Interim Future Land Use Map and the Future Land Use Map. Mr. Hammann reported this resolution corrects an oversight on the map because initially the Plan Commission identified this area as commercial, but inadvertently left these lots on the future land use map as residential, which is their current use. Motion passed.
Preliminary Development Presentations. None
City Planner’s Report.
Mr. Schwecke reported that he and the City Administrator met with Tom Nonn to discuss his violations of the sign regulations and zoning code. They listened to his concerns and advised him that he must comply with the city’s code and regulations.
At Mr. Hammann’s request, Mr. Connors distributed a report on the status of implementation of the Smart Growth Comprehensive Plan, focusing on the objectives with 2005 “milestone” dates. Ald. Hammann recommends the Plan Commission should review Smart Growth implementation periodically to keep it on track.
Report of the Evansville Redevelopment Authority.
Mr. Connors reported that the Redevelopment Authority reviewed its policy and application form and tentatively adopted some changes. For example, they might make forgivable loans or grants if certain conditions are met. They made changes to the policy and application form to calculate the tax increment that would be generated.
Report of the Evansville Historic Preservation Commission. None
Adjournment.
Motion by Aikman, seconded Sauer, to adjourn, carried. The meeting adjourned at 9:18 PM.
Prepared by:
James A. Beilke
City Clerk/Treasurer
The Minutes of the Plan Commission are not official until approved by Plan Commission.
Regular Meeting
Tuesday, January 3, 2006, 6:00 P.M.
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
The meeting was called to order by Mayor Ringhand at 6:00 PM. Present were: Mayor Ringhand, Ald. Aikman, Ald. Hammann, Cheryl Dickert, Dave Sauer, and Jeff Vrstal. Gil Skinner was absent. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Jim Beilke, Clerk/Treasurer. Ald. Cothard, Juergens, and Sornson were present in the audience.
Approval of Agenda.
The Agenda was approved after deleting “(Move agenda item 7H to be the first item under new business)” in item 3 – Approval of agenda.
Approval of Minutes.
Motion by Aikman, seconded by Sauer, to waive the reading of the December 5, 2005, Minutes and approve them as printed.
Motion by Aikman, seconded by Hammann, to amend the minutes to incorporate into a statement that the City of Evansville, Town of Union, and Evansville School District will seek to cooperate regarding managing the impact of residential development on the school district and to consider contributing to a study projecting future enrollment and/or a study of the fiscal impact of residential development. Motion passed.
The original motion, as amended, passed.
Motion by Hammann, seconded by Aikman, to waive the reading of the December 15, 2005 Minutes and approve them as printed. Motion passed.
Citizen Appearances Other Than Those Agenda Items Listed. None.
Unfinished Business.
Motion by Hammann, seconded by Sauer, to remove from the table a motion to recommend to the Common Council approval of the final land division for City of Evansville and MJ Properties LLC (boundary line relocation) – Application 2005-25. This certified survey map takes 3 lots and combines them into two lots. The city will own lot 1 and MJ Properties will own lot 2. Motion passed.
The original motion passed.
New Business.
Motion by Hammann, seconded by Sauer, to recommend to Council the approval of an easement agreement between the City of Evansville and MJ Properties, LLC. Mr. Connors reported last month the City and MJ Properties released an easement established in favor of the City on parcel 6-27-165 (Dean Community Center parcel and adjacent parking lot parcel). Now, after the new boundary lines from previous motion, the City and MJ Properties are asking to enter into an agreement granting a new ingress-egress easement across the north part of the parking lot. Motion passed.
Mr. Schwecke made the initial presentation regarding Ordinance #2005-46, a zoning code text amendment relative to violations of sign regulations, which addresses removing signs illegally placed on public and private properties and illegal signs that are readily movable. Illegal signs shall be removed or conformed to code within two days of written receipt of warning. Dangerous signs shall be removed or conformed to code within five days.
The Plan Commission reviewed the following items: (1) the disposal of illegal signs within 24 hours, questioning if that was adequate time; (2) removal of illegal signs on private property, questioning if the city wants to be involved with private affairs; (3) “threat to public safety” of dangerous signs, questioning who defines the threat to public safety; (4) and under (d) Penalties in line 46, “any neighboring property owner,” questioning if the city wants to be involved with private affairs. Additionally, the Commission discussed the “may be” in line 45 regarding illegal signs “may be” disposed of within 24 hours or removal, and the consensus was it should change to “shall be.”
Mayor Ringhand opened the public hearing at 6:38 PM. Steve Hagen, 420 W. Main St., pointed out if a council member is the “any neighboring property owner” in line 46 of the proposed ordinance, that council member would have the advantage of the City Attorney representing them. Ald. Sornson, 249 Franklin St., stated only the city should enforce the ordinances, not citizens, in regards to the “any neighboring property owner” in line 46. Mayor Ringhand closed the public hearing at 6:40 PM.
Mr. Connors noted that the “any property owner” text is not new text being added by the proposed ordinance, but instead was part of the original sign regulations. The Plan Commission discussed how citizens usually bring violations to the attention of the city asking why things are being or not being done. If the Plan Commission takes out or leaves in the phrase “any neighboring property owner,” it would not change fact that when citizens believe the city is not enforcing its zoning code or sign regulations, this usually is brought to the attention of the Plan Commission. Mr. Schwecke reported that if the city fails to enforce its sign regulations, a citizen could sue the city for a “writ of mandamus” to force the city to enforce its sign regulations.
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-46 as drafted.
Motion by Hammann, seconded by Vrstal, to amend line 27 by deleting the word “may” and replacing it with “shall” and deleting the “24” and replacing it with “72.” Motion passed.
Motion by Vrstal, seconded by Aikman, to amend line 46 on page one and line 1 on page 2 by deleting the words “or any neighboring property owner, who would be specifically damaged by such violation.” Motion passed.
The original motion, as amended, passed.
Mr. Schwecke made the initial presentation regarding Ordinance #2005-47, a zoning code text amendment relative to minimum building sizes for group developments in the B-4 District. In 2002, the City repealed all minimum building size requirements in the B-4 district except for buildings that are part of a group development, which was an oversight. This amendment would correct the oversight in the text.
Mayor Ringhand opened the public hearing at 6:38 PM. No one appeared. Mayor Ringhand closed the public hearing at 6:40 PM.
Motion by Hammann, seconded by Aikman, to recommend to Council the adoption of Ordinance #2005-47 as drafted. Motion passed.
Mr. Schwecke made the initial presentation regarding Ordinance #2005-48, a zoning code map amendment relative to rezoning territory from Central Business District (B-2) to Residential District Two (R-2). The applicant, Lolita Marten, has submitted an application to rezone the property located at 30 S. Madison St. Historically, the property has been a residence. Because it has been vacant for over a year, the first floor may be used for residential purposes only if at least 700 square feet of the first floor, facing the street, is used for commercial purposes. The property is classified as residential on the Interim Future Use map and Future Land Use map. The ordinance would change the zoning code for subject property to match the maps.
The Plan Commission questioned why this property was zoned B-2. Staff speculated that the original thought was this whole area would become commercial. Plan Commission noted that the whole block is zoned B-2. If this property is zoned R-2, the bufferyard requirements would only apply to new development.
Mayor Ringhand opened the public hearing at 7:02 PM. Ald. Sornson asked the Commission to rezone the adjacent property for the same reasons the Commission is considering rezoning the subject property. Mr. Schwecke stated that would delay the rezoning of the subject property, which is not consistent with the applicant’s plans. Ald. Cothard and Ron Arndt, 16 S. Madison St., requested that the Commission grant a conditional use permit instead of rezoning. Mr. Arndt also stated mixed use falls under B-2 zoning. Ald. Juergens noted mixed use would benefit the downtown. The applicant, Lolita Martin, stated mixed use would maintain the downtown area. Sandy Decker, 143 W. Main St., favors zoning the property residential, which would be consistent with the Smart Growth Plan. Mayor Ringhand closed the public hearing at 7:12 PM.
The Plan Commission noted the applicant wants to use the property as a duplex but it historically has been used as a single-family home, and asked if a conditional use permit was issued. Staff stated that neither single-family nor two-family dwellings are permitted or conditional uses in the B-2 district, so the past residential use was a legal nonconforming use, which lapsed when the building remained vacant for over a year. A conditional use permit cannot be issued for the duplex the applicant wants to create as long as the property remains zoned B-2. The consensus was that it is best for the city to zone some properties in this area to residential. Thus, the applicant could convert the vacant building into something productive.
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-48 as drafted based on the findings as contained in the staff report and on the conclusion that the public benefits of the proposed zoning classification outweigh any and all potential adverse impacts, if any. Motion passed.
Mr. Schwecke made the initial presentation on Ordinance #2005-49, which would enact a moratorium on the installation of outdoor furnaces within the City of Evansville. The Plan Commission has been discussing the idea of regulating outdoor furnaces. Last month, they instructed staff to draft this moratorium as an interim step before the final decision on banning or regulating outdoor furnaces.
During the initial discussion by the Plan Commission, the consensus was to move into the public hearing, so that Ron Arndt could present information regarding outdoor furnaces. Mr. Arndt is the President of R.A. Heating and Air Conditioning, Inc. and has extensive knowledge on outdoor furnaces.
Mayor Ringhand opened the public hearing at 7:29 PM. Mr. Arndt stated the major problem with outdoor wood burning appliances is the lack of education and regulation. He stated that a certified outdoor wood-burning furnace produces fewer emissions than a conventional wood-burning stove. It produces less than half the emissions. The key is proper installation and operation of the outdoor wood-burning furnace. When outdoor wood-burning furnaces were first marketed to the public, some outdoor wood-burning manufacturers hastily produced poorly designed furnaces and had ineffective installation standards, which had a negative impact on the whole industry. Now, state and local governments across the nation are developing written standards to regulate emissions from outdoor wood burners. As a result of these two events, manufactures of outdoor wood-burning appliances have formed a group called Hearth, Patio and Barbecue Association (HPBA). HPBA is working with government entities to develop standards to regulate outdoor wood-burning appliances. Using his contacts with HPBA, Mr. Arndt is assisting Fort Atkinson, Deerfield, and Cambridge in wording their ordinances regulating outdoor wood-burning appliances. He is volunteering to help Evansville. Bill Alt, 216 W. Main St., is against outdoor wood-burning furnaces because the emissions are a public nuisance and a majority of the city lots are too small to accommodate outdoor furnaces. Steve Hagen, 420 W. Main St., asked the Commission to consider lots size in their regulations and involve the fire department in their discussions. Ald. Juergens asked the Commission to set up a time line of six months for their final decision. Mayor Ringhand closed the public hearing at 8:00 PM
The Plan Commission is currently in a fact finding stage, and the consensus was to enact a moratorium for one year or until they are ready to make a final decision on banning or regulating outdoor wood-burning furnaces.
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-49 amending line 13 by inserting a comma after the word corn and line 14 by deleting the word “corn.” Motion passed.
Mr. Connors made the initial presentation on Ordinance #2005-50, a zoning code text amendment relative to minimum lot size in Residential District One (R-1) and Residential District Two (R-2). In the older part of the city, there are lots platted before January 1, 2001, that do not meet the minimum sizes in the R-1 district, which are 8,000 square feet for single-family dwellings and 10,000 square feet for two-family dwellings. This ordinance establishes minimum sizes for lots platted before January 1, 2001, and after December 31, 2000. If a lot is plotted before January 1, 2001, the minimum lot sizes are 6,000 square feet for single-family dwellings and 8,000 square feet for two-family dwellings, in both the R-1 and R-2 districts. Adoption of this ordinance would complete an objective in the Smart Growth Comprehensive Plan.
Mayor Ringhand opened the public hearing at 8:14 PM. No one appeared. Mayor Ringhand closed the public hearing at 8:15 PM
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-50 as drafted. Motion passed.
Mr. Sauer made the initial presentation Ordinance #2005-53, which would amend Chapter 126 of the municipal code to add an article on wellhead protection. He stated the Department of Natural Resources (DNR) requires a protection plan for the city’s new well. Part of the protection plan requires the municipality to pass an ordinance that identifies the area of protection around new and existing wells. This ordinance is one of the requirements to get our new well approved.
Plan Commission noted this ordinance would give the city the power to protect our water supplies by restricting or prohibiting certain business activities and structures around our three wells. Plan Commission reviewed how this ordinance would affect future industrial uses, noting that only new development would be governed by this ordinance. The Plan Commission noted that current laws protect communities (and wells) from hazardous industrial chemicals. Existing businesses are required by law to have containment systems for industrial chemicals, which are costly. This ordinance provides local power to balance protecting the municipal water supply and supporting local businesses.
Mayor Ringhand commented that she was surprised that some of the uses listed as conditional uses within the projection zones are not instead listed as prohibited uses.
Mayor Ringhand opened the public hearing at 8:32 PM. Ms. Decker asked whether the protection zones extend outside the city limits, and staff responded the answer is “yes.” Ald. Hammann noted that to the extent the protection zones extend outside the city limits, they are within the city’s extraterritorial plat review jurisdiction. Ms. Decker asked if the city must offer the conditional uses listed in Section 12(2) rather than just prohibiting them. Staff reported the city could prohibit these conditional uses, but this ordinance is drafted to allow these as conditional uses for the Plan Commission to grant or deny. Mr. Sauer said this draft ordinance has been used for over five years, and there are some reasons for these uses to be listed as conditional uses. Ms. Decker questioned why any communities would allow some of these conditional uses. Mayor Ringhand closed the public hearing at 8:37 PM.
In the final discussion by Plan Commission, Ald. Hammann discussed adding bio-hazardous chemical to the conditional uses listed in Section 12(2) because they are more dangerous than some of the petroleum chemicals. The city would want to know what chemicals a bio-medical research company is using. Thus, the city could then make the appropriate decision with a bio-medical research company located within the protection zone. Ald. Aikman questioned the wording on page 6, line 1. Her concerns were the wording implies these conditional uses are allowed. The city has the right to deny these conditional uses, and realistically, would never allow these conditional uses. Staff reported that the assumption in the code is everything is permitted unless it is prohibited or requires a conditional use permit. Staff suggested amending the ordinance to read as, “The following conditional uses shall be allowed only after the issuance of conditional uses permit.” This wording would be consistent with current code. Staff noted that in Section 4, the groundwater technical review committee would provide objective and scientific technical review of request for conditional use applications and would maintain the city’s interest in protecting the groundwater. Plan Commission concluded that small quantities of hazardous chemicals may be acceptable in this area as opposed to large quantities. Staff recommended this ordinance should be placed in Chapter 130 of the Municipal Code (Zoning) rather than in Chapter 126 (Utilities).
Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of Ordinance #2005-53, with the following amendments: (1) page 6, line 29, change the word “tat” to “that;” (2) page 7, lines 15 through 40, underscoring all of the lines; (3) page 6, line 15, add item “g. Bio-chemical research or manufacture facilities;” (4) page 6, line 1, replace all of the words with “These conditional uses are permitted in Zone 2 only after the issuance of a conditional use permit;” and (5) place the ordinance in a new subdivision in Chapter 130, Article VIII (instead of in a new Article III of Chapter 126). Motion passed.
Motion by Hammann, seconded by Sauer, to adopt Plan Commission Resolution #2006-1, which recommends that the City Council adopt an amendment of the Smart Growth Comprehensive Plan to change the classification of certain parcels from single-family residential to commercial on the Interim Future Land Use Map and the Future Land Use Map. Mr. Hammann reported this resolution corrects an oversight on the map because initially the Plan Commission identified this area as commercial, but inadvertently left these lots on the future land use map as residential, which is their current use. Motion passed.
Preliminary Development Presentations. None
City Planner’s Report.
Mr. Schwecke reported that he and the City Administrator met with Tom Nonn to discuss his violations of the sign regulations and zoning code. They listened to his concerns and advised him that he must comply with the city’s code and regulations.
At Mr. Hammann’s request, Mr. Connors distributed a report on the status of implementation of the Smart Growth Comprehensive Plan, focusing on the objectives with 2005 “milestone” dates. Ald. Hammann recommends the Plan Commission should review Smart Growth implementation periodically to keep it on track.
Report of the Evansville Redevelopment Authority.
Mr. Connors reported that the Redevelopment Authority reviewed its policy and application form and tentatively adopted some changes. For example, they might make forgivable loans or grants if certain conditions are met. They made changes to the policy and application form to calculate the tax increment that would be generated.
Report of the Evansville Historic Preservation Commission. None
Adjournment.
Motion by Aikman, seconded Sauer, to adjourn, carried. The meeting adjourned at 9:18 PM.
Prepared by:
James A. Beilke
City Clerk/Treasurer
The Minutes of the Plan Commission are not official until approved by Plan Commission.
Wednesday, November 29, 2006
Minutes; Economic Development: June 2006
Evansville Redevelopment Authority
Regular Meeting
Tuesday, June 20, 2006, 7:30 PM
City Hall, 31 S. Madison St., Evansville, WI
MINUTES
The meeting was called to order at 7:34 PM by Chairperson Eager. Present were Chairperson Eager, Ald. Hammann, Ald. Wyse, Betsy Ahner, John Decker, and Roger Roth. Vice-Chairperson Arnold was absent. James Otterstein, Rock County Economic Development Manager, and Bill Connors, Executive Director, also were present.
The agenda was approved as printed.
Approval of Minutes
Motion by Ahner, seconded by Wyse, to approve the minutes of the May 16, 2006, regular meeting as presented. Motion passed.
Citizen Appearances Other Than Agenda Items Listed None.
Public Hearings None.
Unfinished Business None.
New Business
Executive Director Connors reported that tax increment probably could be spent on studies and marketing, but this expenditure should be explicitly authorized in the project plan. He said the budget in TID No. 5’s project plan does not include a category of cost that clearly would include the cost of a study or marketing, and even though the budget is not intended to be exclusive, it would be prudent to amend the project plan budget to include an amount for such “soft” costs if the city wants to spend tax increment from TID No. 5 on them. Motion by Decker, seconded by Hammann, to ask the Plan Commission and Common Council to amend the project plan for TID No. 5 to include $40,000 for marketing, including, but not limited to, possibly paying part of the cost of a trade market analysis study. The commissioners instructed Mr. Connors to work with Ehlers & Associates to ensure that the project plan for TID No. 6 also contains a similar provision.
Executive Director Connors communicated a suggestion from Tim Schwecke, city planner, about a strategy for jump-starting redevelopment in TID No. 5. Mr. Schwecke suggested (1) assembling a redevelopment site through purchases, options to purchase, or asking owners of adjacent properties to list their properties as being for sale, (2) hiring an urban design firm to create a concept design for a redevelopment project on the assembled site, and (3) marketing the redevelopment concept design to developers. Mr. Schwecke focused his suggestion on properties along Union St., where redevelopment projects were anticipated to occur but so far have not occurred. Ald. Wyse suggested that if thought at the time TID No. 5 was created was that reconstructing the streets would encourage redevelopment, then we should wait until Main St. is reconstructed before we conclude that redevelopment is not happening. Several commissioners suggested that it would be cheaper to obtain some professional renderings of new or improved building facades and use those for marketing. The commissioners asked James Otterstein to investigate the cost of obtaining such renderings. Ald. Hammann noted there are some renderings of facades in the city’s Smart Growth Comprehensive Plan from OMNNI, so Mr. Otterstein should contact OMNNI as part of his investigation.
The commissioners discussed the starting time for future Redevelopment Authority meetings, and the consensus was to start meetings at 7:30 PM from now on.
Motion by Hammann, seconded by Decker, to adjourn. Motion passed.
The meeting adjourned at 8:30 PM.
Prepared by
William E. Connors, Executive Director
The Minutes of meetings of the Redevelopment Authority are not official until approved by the Authority.
Regular Meeting
Tuesday, June 20, 2006, 7:30 PM
City Hall, 31 S. Madison St., Evansville, WI
MINUTES
The meeting was called to order at 7:34 PM by Chairperson Eager. Present were Chairperson Eager, Ald. Hammann, Ald. Wyse, Betsy Ahner, John Decker, and Roger Roth. Vice-Chairperson Arnold was absent. James Otterstein, Rock County Economic Development Manager, and Bill Connors, Executive Director, also were present.
The agenda was approved as printed.
Approval of Minutes
Motion by Ahner, seconded by Wyse, to approve the minutes of the May 16, 2006, regular meeting as presented. Motion passed.
Citizen Appearances Other Than Agenda Items Listed None.
Public Hearings None.
Unfinished Business None.
New Business
Executive Director Connors reported that tax increment probably could be spent on studies and marketing, but this expenditure should be explicitly authorized in the project plan. He said the budget in TID No. 5’s project plan does not include a category of cost that clearly would include the cost of a study or marketing, and even though the budget is not intended to be exclusive, it would be prudent to amend the project plan budget to include an amount for such “soft” costs if the city wants to spend tax increment from TID No. 5 on them. Motion by Decker, seconded by Hammann, to ask the Plan Commission and Common Council to amend the project plan for TID No. 5 to include $40,000 for marketing, including, but not limited to, possibly paying part of the cost of a trade market analysis study. The commissioners instructed Mr. Connors to work with Ehlers & Associates to ensure that the project plan for TID No. 6 also contains a similar provision.
Executive Director Connors communicated a suggestion from Tim Schwecke, city planner, about a strategy for jump-starting redevelopment in TID No. 5. Mr. Schwecke suggested (1) assembling a redevelopment site through purchases, options to purchase, or asking owners of adjacent properties to list their properties as being for sale, (2) hiring an urban design firm to create a concept design for a redevelopment project on the assembled site, and (3) marketing the redevelopment concept design to developers. Mr. Schwecke focused his suggestion on properties along Union St., where redevelopment projects were anticipated to occur but so far have not occurred. Ald. Wyse suggested that if thought at the time TID No. 5 was created was that reconstructing the streets would encourage redevelopment, then we should wait until Main St. is reconstructed before we conclude that redevelopment is not happening. Several commissioners suggested that it would be cheaper to obtain some professional renderings of new or improved building facades and use those for marketing. The commissioners asked James Otterstein to investigate the cost of obtaining such renderings. Ald. Hammann noted there are some renderings of facades in the city’s Smart Growth Comprehensive Plan from OMNNI, so Mr. Otterstein should contact OMNNI as part of his investigation.
The commissioners discussed the starting time for future Redevelopment Authority meetings, and the consensus was to start meetings at 7:30 PM from now on.
Motion by Hammann, seconded by Decker, to adjourn. Motion passed.
The meeting adjourned at 8:30 PM.
Prepared by
William E. Connors, Executive Director
The Minutes of meetings of the Redevelopment Authority are not official until approved by the Authority.
Monday, November 27, 2006
Minutes; Evansville Finance Committee: December 2006
Finance and Labor Relations Committee
Regular Meeting
Monday, December 11, 2006 4:00 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 4:00 PM. Present were Chairperson Cothard and Alderpersons Braunschweig and Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
Motion by Braunschweig, seconded by Juergens, to approve the agenda as printed. Motion carried.
Approval of Minutes
Motion by Juergens, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on November 13, 2006 as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Braunschweig, seconded by Juergens, to approve the Water & Light bills in the amount of $707,224.36 and authorize their payment. Motion carried unanimously on a roll call vote.
City Bills
Motion by Braunschweig, seconded by Juergens, to approve the City bills in the amount of $424,760.94 and authorize their payment. Motion carried unanimously on a roll call vote.
New Business (Amended)
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council the mayoral appointment of Associated Appraisal Consultants, Inc. of Appleton, WI, as City Assessor for a three-year term ending on December 31, 2009. The Committee discussed differences in price and quality of service of the three submitted bids. Motion passed (2-1).
Unfinished Business
The Committee reviewed the monthly report of City Attorney and City Engineer expenditures in the amount of $6,800 for preparation of future Department of Transportation and Department of Commerce grant applications.
The Committee reviewed the expenditures report in the amount of $45,390.40 for the new youth center. The consensus was to review this resolution next month when all of the expenditures are recorded for the youth center.
New Business
The Committee discussed the city attorney’s review of their agreement with YMCA of Northern Rock County for operation of youth program. Tracy Schroeder agreed with the comments from the city attorney. The consensus was to incorporate the attorney’s comments into the contract and review it at the next meeting.
The Committee reviewed the city attorney’s comments regarding Employment Contract language for Department Heads and other Professional Employees. The consensus was to review all employment contracts at a special finance meeting in closed session with the city attorney.
Motion by Cothard, seconded by Juergens, to recommend to Common Council to approve the write off of the remaining balance on the Robert Schaefges account in the amount of $18,334.93. Motion carried.
The Committee discussed marking all city vehicles with signs. The Committee instructed staff to have all city vehicles marked with signs by February 1, 2007.
The Committee discussed of carry-over of 2006 vacation time to 2007. The deputy clerk is required to attend election training, prepare 1090 forms, and process tax bills by the end of the year. For her to use one week of vacation by the end of the year would be burdensome. The Committee consensus was to allow the deputy clerk to carry over her vacation time and use it by the end of January.
The Committee discussed the Nonn zoning case settlement. He was violating the city’s sign code and zoning code by operating a business in a residential neighborhood. The City took him to court, and Mr. Nonn was fined in the amount of $3,464.25.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council to approve Resolution 2006-48, authorizing the City to purchase property in the Town of Union for a substation. Exhibit A, the Certified Survey Map, which was not completed as of today, was discussed. It will be completed before the land is sold to the city, but Council needs to approve this resolution first. Motion passed.
Adjournment
Motion by Braunschweig, seconded by Juergens, to adjourn at 5:23 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
Regular Meeting
Monday, December 11, 2006 4:00 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 4:00 PM. Present were Chairperson Cothard and Alderpersons Braunschweig and Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
Motion by Braunschweig, seconded by Juergens, to approve the agenda as printed. Motion carried.
Approval of Minutes
Motion by Juergens, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on November 13, 2006 as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Braunschweig, seconded by Juergens, to approve the Water & Light bills in the amount of $707,224.36 and authorize their payment. Motion carried unanimously on a roll call vote.
City Bills
Motion by Braunschweig, seconded by Juergens, to approve the City bills in the amount of $424,760.94 and authorize their payment. Motion carried unanimously on a roll call vote.
New Business (Amended)
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council the mayoral appointment of Associated Appraisal Consultants, Inc. of Appleton, WI, as City Assessor for a three-year term ending on December 31, 2009. The Committee discussed differences in price and quality of service of the three submitted bids. Motion passed (2-1).
Unfinished Business
The Committee reviewed the monthly report of City Attorney and City Engineer expenditures in the amount of $6,800 for preparation of future Department of Transportation and Department of Commerce grant applications.
The Committee reviewed the expenditures report in the amount of $45,390.40 for the new youth center. The consensus was to review this resolution next month when all of the expenditures are recorded for the youth center.
New Business
The Committee discussed the city attorney’s review of their agreement with YMCA of Northern Rock County for operation of youth program. Tracy Schroeder agreed with the comments from the city attorney. The consensus was to incorporate the attorney’s comments into the contract and review it at the next meeting.
The Committee reviewed the city attorney’s comments regarding Employment Contract language for Department Heads and other Professional Employees. The consensus was to review all employment contracts at a special finance meeting in closed session with the city attorney.
Motion by Cothard, seconded by Juergens, to recommend to Common Council to approve the write off of the remaining balance on the Robert Schaefges account in the amount of $18,334.93. Motion carried.
The Committee discussed marking all city vehicles with signs. The Committee instructed staff to have all city vehicles marked with signs by February 1, 2007.
The Committee discussed of carry-over of 2006 vacation time to 2007. The deputy clerk is required to attend election training, prepare 1090 forms, and process tax bills by the end of the year. For her to use one week of vacation by the end of the year would be burdensome. The Committee consensus was to allow the deputy clerk to carry over her vacation time and use it by the end of January.
The Committee discussed the Nonn zoning case settlement. He was violating the city’s sign code and zoning code by operating a business in a residential neighborhood. The City took him to court, and Mr. Nonn was fined in the amount of $3,464.25.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council to approve Resolution 2006-48, authorizing the City to purchase property in the Town of Union for a substation. Exhibit A, the Certified Survey Map, which was not completed as of today, was discussed. It will be completed before the land is sold to the city, but Council needs to approve this resolution first. Motion passed.
Adjournment
Motion by Braunschweig, seconded by Juergens, to adjourn at 5:23 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
Minutes: Evansville Finance Committee: November 2006
Finance and Labor Relations Committee
Regular Meeting
Monday, November 13, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 5:30 PM. Present were Chairperson Cothard and Alderpersons Braunschweig and Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
Motion by Braunschweig, seconded by Juergens, to delete agenda item E, Finance Director employment contract, and item F, Human Resource Administrator employment contract from the agenda and to move agenda item 9(A), Ordinance #2006-40, and item 9 (G), Mary Thomas, to follow agenda item 7, City bills. Motion to approve the agenda, as amended, carried.
Approval of Minutes
Motion by Cothard, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on October 9, 2006 as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Braunschweig, seconded by Juergens, to approve the Water & Light bills in the amount of $537,962.40 and authorize their payment. Motion carried unanimously on a roll call vote.
City Bills
Motion by Braunschweig, seconded by Juergens, to approve the City bills in the amount of $320,505.77 and authorize their payment. Motion carried unanimously on a roll call vote.
New Business (Amended)
Motion by Cothard, seconded by Braunschweig, to recommend to Council adoption of Ordinance #2006-40, adopting 2007 city operating and capital budgets and tax levies. Jennifer Petruzzello, Budget Consultant, reported the actual assessed valuation of all property was $292,163,500, which is lower than the original estimate. Also, the City received notice that their Expenditure Restraint Payment for 2007 will be reduced, and the General fund was increased to offset the reduction in the State Expenditure Restraint payment. Because of these two changes, the reduction in the tax rate was reduced from 0.41% to 0.31%. Motion carried unanimously on a roll call vote.
Mary Thomas led the discussion regarding her request for a refund of property taxes for parcel No. 6-27-96B. A letter from Hallie Wendorff, City Assessor, concluded Ms. Thomas does not have a claim to any back taxes because she has not met the requirements to receive a refund under Wisconsin State Statue 74.33. Ms. Thomas distributed a copy of Statute 74.33 and stated she does have a claim. She owns only the top level of the building at 7 ½ West Main Street, and Chris Helgesen owns all the land where the building is located. She is requesting a refund for taxes paid on her land assessment from 1997 to 2005. After reviewing her situation with the Rock County Real Property Lister and the Department of Revenue, the city assessor’s decision was to assess the land her stairs lies on (4 feet wide by 30 feet long), because she has beneficial ownership of the stairs. Thus, her Statement of Assessment reflects a land assessment of $1,000. The Committee advised her there is nothing they can do based on the copy of Statue 74.33 that she distributed. She would have to seek legal counsel.
Unfinished Business
Since there was very little activity for the monthly report of City Attorney and City Engineer expenditures for preparation of future Department of Transportation and Department of Commerce grant applications, the Committee passed over this agenda item.
Motion by Cothard, seconded by Braunschweig, to approve insurance proposal from Community Company in the amount of $37,868. Baer Insurance Services’ proposal was $38,750, and Fitzgerald, Clayton, James, & Kasten Inc Insurance Company’s proposal was $38,854 (See attachments). Motion carried unanimously on a roll call vote.
New Business
Motion by Braunschweig, seconded by Juergens, to recommend to Council adoption of Resolution #2006-44, amending the City of Evansville’s swimming pool rates. Motion carried unanimously on a roll call vote.
Motion by Braunschweig, seconded by Juergens, to recommend to Council adoption of Resolution #2006-46, amending the Adopted 2006 City Budget for transfer of Appropriation from account 40-5220-830, Police Vehicle Purchase, to account 40-5220-840, Police Equipment Purchase. Motion carried unanimously on a roll call vote.
Motion by Braunschweig, seconded by Juergens, to recommend to Council adoption of Resolution #2006-47, establishing the Municipal Judge’s salary for the year 2007. Motion carried unanimously on a roll call vote.
Adjournment
Motion by Braunschweig, seconded by Juergens, to adjourn at 6:18 PM. Motion passed.
Prepared by:
Regular Meeting
Monday, November 13, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 5:30 PM. Present were Chairperson Cothard and Alderpersons Braunschweig and Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
Motion by Braunschweig, seconded by Juergens, to delete agenda item E, Finance Director employment contract, and item F, Human Resource Administrator employment contract from the agenda and to move agenda item 9(A), Ordinance #2006-40, and item 9 (G), Mary Thomas, to follow agenda item 7, City bills. Motion to approve the agenda, as amended, carried.
Approval of Minutes
Motion by Cothard, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on October 9, 2006 as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Braunschweig, seconded by Juergens, to approve the Water & Light bills in the amount of $537,962.40 and authorize their payment. Motion carried unanimously on a roll call vote.
City Bills
Motion by Braunschweig, seconded by Juergens, to approve the City bills in the amount of $320,505.77 and authorize their payment. Motion carried unanimously on a roll call vote.
New Business (Amended)
Motion by Cothard, seconded by Braunschweig, to recommend to Council adoption of Ordinance #2006-40, adopting 2007 city operating and capital budgets and tax levies. Jennifer Petruzzello, Budget Consultant, reported the actual assessed valuation of all property was $292,163,500, which is lower than the original estimate. Also, the City received notice that their Expenditure Restraint Payment for 2007 will be reduced, and the General fund was increased to offset the reduction in the State Expenditure Restraint payment. Because of these two changes, the reduction in the tax rate was reduced from 0.41% to 0.31%. Motion carried unanimously on a roll call vote.
Mary Thomas led the discussion regarding her request for a refund of property taxes for parcel No. 6-27-96B. A letter from Hallie Wendorff, City Assessor, concluded Ms. Thomas does not have a claim to any back taxes because she has not met the requirements to receive a refund under Wisconsin State Statue 74.33. Ms. Thomas distributed a copy of Statute 74.33 and stated she does have a claim. She owns only the top level of the building at 7 ½ West Main Street, and Chris Helgesen owns all the land where the building is located. She is requesting a refund for taxes paid on her land assessment from 1997 to 2005. After reviewing her situation with the Rock County Real Property Lister and the Department of Revenue, the city assessor’s decision was to assess the land her stairs lies on (4 feet wide by 30 feet long), because she has beneficial ownership of the stairs. Thus, her Statement of Assessment reflects a land assessment of $1,000. The Committee advised her there is nothing they can do based on the copy of Statue 74.33 that she distributed. She would have to seek legal counsel.
Unfinished Business
Since there was very little activity for the monthly report of City Attorney and City Engineer expenditures for preparation of future Department of Transportation and Department of Commerce grant applications, the Committee passed over this agenda item.
Motion by Cothard, seconded by Braunschweig, to approve insurance proposal from Community Company in the amount of $37,868. Baer Insurance Services’ proposal was $38,750, and Fitzgerald, Clayton, James, & Kasten Inc Insurance Company’s proposal was $38,854 (See attachments). Motion carried unanimously on a roll call vote.
New Business
Motion by Braunschweig, seconded by Juergens, to recommend to Council adoption of Resolution #2006-44, amending the City of Evansville’s swimming pool rates. Motion carried unanimously on a roll call vote.
Motion by Braunschweig, seconded by Juergens, to recommend to Council adoption of Resolution #2006-46, amending the Adopted 2006 City Budget for transfer of Appropriation from account 40-5220-830, Police Vehicle Purchase, to account 40-5220-840, Police Equipment Purchase. Motion carried unanimously on a roll call vote.
Motion by Braunschweig, seconded by Juergens, to recommend to Council adoption of Resolution #2006-47, establishing the Municipal Judge’s salary for the year 2007. Motion carried unanimously on a roll call vote.
Adjournment
Motion by Braunschweig, seconded by Juergens, to adjourn at 6:18 PM. Motion passed.
Prepared by:
Minutes: Evansville Finance Committee: October 2006
Finance and Labor Relations Committee
Regular Meeting
Monday, October 9, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 5:30 PM. Present were Chairperson Cothard, Ald. Braunschweig, and Ald. Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
Motion by Juergens, seconded by Braunschweig, to approve the agenda was approved as printed. Motion carried.
Approval of Minutes
Motion by Cothard, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on September 11, 2006 as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Juergens, seconded by Braunschweig, to approve the Water & Light bills in the amount of $776,224.61 and authorize their payment. Motion passed.
City Bills
Motion by Juergens, seconded by Braunschweig, to approve the City bills in the amount of $549,407.56 and authorize their payment. Motion passed.
Unfinished Business
Since there was no activity for the monthly report of City Attorney and City Engineer expenditures for preparation of future Department of Transportation and Department of Commerce grant applications, the Committee passed over this agenda item.
New Business
Stephan Babcock from Fitzgerald, Clayton, James, & Kasten, Inc Insurance Company presented their insurance proposal.
Tom Calley from Community Insurance Company presented their insurance proposal.
The Committee reviewed an insurance proposal from the League of Wisconsin Municipalities last month and will review the three proposals at a later date and will make a decision after their review.
Motion by Braunschweig, seconded by Cothard, to recommend to Common Council to approve Resolution #2006-41, amending the City of Evansville’s fee schedule (Parking Violations). Motion carried.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to approve Resolution #2006-42, Amending the Adopted 2006 City Budget to increase the appropriation for cutting a V-notch into existing sluice gate and constructing a cofferdam in Lake Leota dam in the amount of $35,000. The Public Works Committee proposed the V-notch in the dam to get the lake bottom dry enough to dig out. Without this notch, the lake bottom might never get dry enough. The Department of Natural Resources proposed this V-notch idea to help dry the lake bottom. Motion carried.
Motion by Juergens, seconded by Cothard, to recommend to Common Council to extend Civi-Tek Consulting LLC (City Planner Services) contract through December 31, 2008. Motion carried.
Motion by Cothard, seconded by Juergens, to recommend to Common Council to extend Foth and Van Dyke (City Engineer Services) contract through December 31, 2008. Motion carried.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council to give an Employment Contract for the city clerk/treasurer through December 31, 2007. Motion carried.
Motion by Braunschweig, seconded by Juergens, to recommend to Common Council to adopt the 2007 City Operating and Capital Budgets and Tax Levies for publication only. The levy included in the proposed budget would result in a modest property tax rate increase of 0.41%. Under this scenario, the City tax on an average residential value would increase $8.61 from $993.46 to $1002.07 because of an increase in the average residential assessed value. Motion carried.
Motion by Braunschweig, seconded by Juergens, to recommend to Common Council to adopt Preliminary Resolution Levying Special Assessments for Public Improvements in the County Highway M south corridor. Motion carried.
Motion by Braunschweig, seconded by Juergens, to recommend to Common Council to approve Feasibility Analysis by Ehlers and Associates, Inc. for TID # 7and to direct Plan Commission to conduct a public hearing on the Project Plan for TID #7. Ehlers and Associates were hired to provide an analysis of the feasibility of creating a tax increment district #7 (TID) within an area for which an annexation petition has been filed southeast of the City. The report showed the City is able to create a tax increment district #7. Based upon their information, the creation of a tax increment district would produce $16 million of taxable value with a tax increment revenue stream of approximately $6.7 million over the next 20 years, and the creation of TID #7 is feasible. Motion carried.
Adjournment
Motion by Braunschweig, seconded by Juergens, to adjourn at 7:10 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
Regular Meeting
Monday, October 9, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 5:30 PM. Present were Chairperson Cothard, Ald. Braunschweig, and Ald. Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
Motion by Juergens, seconded by Braunschweig, to approve the agenda was approved as printed. Motion carried.
Approval of Minutes
Motion by Cothard, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on September 11, 2006 as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Juergens, seconded by Braunschweig, to approve the Water & Light bills in the amount of $776,224.61 and authorize their payment. Motion passed.
City Bills
Motion by Juergens, seconded by Braunschweig, to approve the City bills in the amount of $549,407.56 and authorize their payment. Motion passed.
Unfinished Business
Since there was no activity for the monthly report of City Attorney and City Engineer expenditures for preparation of future Department of Transportation and Department of Commerce grant applications, the Committee passed over this agenda item.
New Business
Stephan Babcock from Fitzgerald, Clayton, James, & Kasten, Inc Insurance Company presented their insurance proposal.
Tom Calley from Community Insurance Company presented their insurance proposal.
The Committee reviewed an insurance proposal from the League of Wisconsin Municipalities last month and will review the three proposals at a later date and will make a decision after their review.
Motion by Braunschweig, seconded by Cothard, to recommend to Common Council to approve Resolution #2006-41, amending the City of Evansville’s fee schedule (Parking Violations). Motion carried.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to approve Resolution #2006-42, Amending the Adopted 2006 City Budget to increase the appropriation for cutting a V-notch into existing sluice gate and constructing a cofferdam in Lake Leota dam in the amount of $35,000. The Public Works Committee proposed the V-notch in the dam to get the lake bottom dry enough to dig out. Without this notch, the lake bottom might never get dry enough. The Department of Natural Resources proposed this V-notch idea to help dry the lake bottom. Motion carried.
Motion by Juergens, seconded by Cothard, to recommend to Common Council to extend Civi-Tek Consulting LLC (City Planner Services) contract through December 31, 2008. Motion carried.
Motion by Cothard, seconded by Juergens, to recommend to Common Council to extend Foth and Van Dyke (City Engineer Services) contract through December 31, 2008. Motion carried.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council to give an Employment Contract for the city clerk/treasurer through December 31, 2007. Motion carried.
Motion by Braunschweig, seconded by Juergens, to recommend to Common Council to adopt the 2007 City Operating and Capital Budgets and Tax Levies for publication only. The levy included in the proposed budget would result in a modest property tax rate increase of 0.41%. Under this scenario, the City tax on an average residential value would increase $8.61 from $993.46 to $1002.07 because of an increase in the average residential assessed value. Motion carried.
Motion by Braunschweig, seconded by Juergens, to recommend to Common Council to adopt Preliminary Resolution Levying Special Assessments for Public Improvements in the County Highway M south corridor. Motion carried.
Motion by Braunschweig, seconded by Juergens, to recommend to Common Council to approve Feasibility Analysis by Ehlers and Associates, Inc. for TID # 7and to direct Plan Commission to conduct a public hearing on the Project Plan for TID #7. Ehlers and Associates were hired to provide an analysis of the feasibility of creating a tax increment district #7 (TID) within an area for which an annexation petition has been filed southeast of the City. The report showed the City is able to create a tax increment district #7. Based upon their information, the creation of a tax increment district would produce $16 million of taxable value with a tax increment revenue stream of approximately $6.7 million over the next 20 years, and the creation of TID #7 is feasible. Motion carried.
Adjournment
Motion by Braunschweig, seconded by Juergens, to adjourn at 7:10 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
Minutes; Evansville Finance Committee: September 2006
Finance and Labor Relations Committee
Regular Meeting
Monday, September 11, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 5:30 PM. Present were Chairperson Cothard, Ald. Braunschweig, and Ald. Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
The agenda was approved as printed
Approval of Minutes
Motion by Cothard, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on August 7, 2006, as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Cothard, seconded by Braunschweig, to approve the Water & Light bills in the amount of $862,813.04 and authorize their payment. Motion passed.
City Bills
Motion by Cothard, seconded by Juergens, to approve the City bills in the amount of $586,518.66 and authorize their payment. Motion passed.
Unfinished Business
Since there was no activity for the monthly report of City Attorney and City Engineer expenditures for preparation of future Department of Transportation and Department of Commerce grant applications, the Committee passed over this agenda item.
Mayor Decker led the discussion regarding employee staffing at City Hall and reported an increased workload at City Hall from (1) the growth of the city, (2) new Statewide Voter Registration System, and (3) possible in-house Municipal Code Maintenance. Mayor Decker distributed a report showing the cost for an employee (See attachment). The Committee questioned the Mayor and staff regarding these issues.
Motion by Juergens, seconded by Braunschweig, to incorporate a new employee for City Hall staff into the 2007 Budget as listed on the report that was distributed to the Committee. Motion passed.
New Business
Michael Zagrodnik from Baer Insurance Services presented the insurance proposal from the League of Wisconsin Municipalities Mutual Insurance Company (LWMMI). They offer a single liability policy covering general liability, automobile, law/ordinance enforcement, and public officials liability with all coverage on an “occurrence’ without limiting “claims made” forms and no deductibles per claim. The LWMMI coverage is designed and managed by representatives from municipalities through the League’s Insurance Trust. Insured municipalities are owners of the company as participating members. Two more insurance companies will present their insurance services next month, and the Committee will hear their presentations before they make any decisions regarding the city’s insurances.
Motion by Cothard, seconded by Braunschweig, to amend the Youth Center Contract, so that they can join the Janesville’s YMCA. David Rossmiller from the Youth Center distributed a letter (See attachment) from Jean Smith, Youth and Teen Director - YMCA of Dane County, approving the request from the Evansville Dean Youth Center Board President for the change in management. YMCA of Dane County will end the current agreement with the City of Evansville on December 31, 2006. Motion passed.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council to approve Resolution #2006-36, amending the Adopted 2006 City Budget to increase the appropriation for Judgments and Losses in the amount of $8,968. Committee discussed the auditor’s management letter. Motion passed.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council adoption of Resolution #2006-38, regarding the exchange of property between Adevco, LLC and the City of Evansville. Motion passed.
Motion by Cothard, seconded by Juergens, to recommend to Common Council the engagement of additional engineering services for the North Prairie Productions biodiesel fuel facility project not to exceed 90 hours. The Committee discussed the recommended 90 hours of work, and the consensus was to cap the total cost at $10,000.
Motion by Cothard, seconded by Braunschweig, to delete, “90 hours” and add, “$10,000.” Motion passed.
The original motion, as amended, passed.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council the approval of the contract from Public Administration Associates, LLC (PAA) for their service to find candidates for the city administrator position. The Committee discussed salary and job description for the city administrator position. In regards to the job description, the consensus was to have the city administrator focus on (1) economic development, (2) city’s needs, (3) budget, and (4) development issues. Finally, when the City hires PAA, they would help the city with the salary and job description. Motion passed.
Motion by Cothard, seconded by Juergens, to increase the proposed 2007 Budget in the amount of $3,500 for the services of Doug Paulin of Lighting Forensics for the preparation of an outdoor lighting ordinance (Plan Commission’s recommendation). The Committee discussed how the Plan Commission determined the urgency for a comprehensive lighting ordinance. The Committee’s discussion focused on the costs and benefits of maintaining a comprehensive lighting ordinance.
Motion by Braunschweig, seconded by Cothard, to table and refer back to Plan Commission to review the financial impact of maintaining a comprehensive lighting ordinance. Motion passed.
The Committee discussed the city attorney services, and the consensus was to extend the agreement for two years with Mark Kopp with the current hourly rate.
Motion by Cothard, seconded by Juergens, to extend the current attorney service agreement for two years with the current hourly rate. Motion passed.
The discussion regarding the $5,000 donation from the Skate Club, which was due when the city made the payment for the skate park equipment (April 10th Finance minutes), was passed over by the Committee because the Skate Club paid the $5,000 donation earlier today.
Motion by Cothard, seconded by Juergens, to approve the new Gordon Flesch Company Copier lease. Motion passed.
The Committee reviewed the draft 2007 Operating Budgets with department heads that are overseen by the Finance and Labor Relations Committee pursuant to Resolution #2006-16.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council the adoption of the proposed five-year capital plan for 2007-11 pursuant to Resolution #2006-16. Motion passed.
Adjournment.
Motion by Cothard, seconded by Braunschweig, to adjourn at 7:10 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
Regular Meeting
Monday, September 11, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 5:30 PM. Present were Chairperson Cothard, Ald. Braunschweig, and Ald. Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
The agenda was approved as printed
Approval of Minutes
Motion by Cothard, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on August 7, 2006, as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Cothard, seconded by Braunschweig, to approve the Water & Light bills in the amount of $862,813.04 and authorize their payment. Motion passed.
City Bills
Motion by Cothard, seconded by Juergens, to approve the City bills in the amount of $586,518.66 and authorize their payment. Motion passed.
Unfinished Business
Since there was no activity for the monthly report of City Attorney and City Engineer expenditures for preparation of future Department of Transportation and Department of Commerce grant applications, the Committee passed over this agenda item.
Mayor Decker led the discussion regarding employee staffing at City Hall and reported an increased workload at City Hall from (1) the growth of the city, (2) new Statewide Voter Registration System, and (3) possible in-house Municipal Code Maintenance. Mayor Decker distributed a report showing the cost for an employee (See attachment). The Committee questioned the Mayor and staff regarding these issues.
Motion by Juergens, seconded by Braunschweig, to incorporate a new employee for City Hall staff into the 2007 Budget as listed on the report that was distributed to the Committee. Motion passed.
New Business
Michael Zagrodnik from Baer Insurance Services presented the insurance proposal from the League of Wisconsin Municipalities Mutual Insurance Company (LWMMI). They offer a single liability policy covering general liability, automobile, law/ordinance enforcement, and public officials liability with all coverage on an “occurrence’ without limiting “claims made” forms and no deductibles per claim. The LWMMI coverage is designed and managed by representatives from municipalities through the League’s Insurance Trust. Insured municipalities are owners of the company as participating members. Two more insurance companies will present their insurance services next month, and the Committee will hear their presentations before they make any decisions regarding the city’s insurances.
Motion by Cothard, seconded by Braunschweig, to amend the Youth Center Contract, so that they can join the Janesville’s YMCA. David Rossmiller from the Youth Center distributed a letter (See attachment) from Jean Smith, Youth and Teen Director - YMCA of Dane County, approving the request from the Evansville Dean Youth Center Board President for the change in management. YMCA of Dane County will end the current agreement with the City of Evansville on December 31, 2006. Motion passed.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council to approve Resolution #2006-36, amending the Adopted 2006 City Budget to increase the appropriation for Judgments and Losses in the amount of $8,968. Committee discussed the auditor’s management letter. Motion passed.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council adoption of Resolution #2006-38, regarding the exchange of property between Adevco, LLC and the City of Evansville. Motion passed.
Motion by Cothard, seconded by Juergens, to recommend to Common Council the engagement of additional engineering services for the North Prairie Productions biodiesel fuel facility project not to exceed 90 hours. The Committee discussed the recommended 90 hours of work, and the consensus was to cap the total cost at $10,000.
Motion by Cothard, seconded by Braunschweig, to delete, “90 hours” and add, “$10,000.” Motion passed.
The original motion, as amended, passed.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council the approval of the contract from Public Administration Associates, LLC (PAA) for their service to find candidates for the city administrator position. The Committee discussed salary and job description for the city administrator position. In regards to the job description, the consensus was to have the city administrator focus on (1) economic development, (2) city’s needs, (3) budget, and (4) development issues. Finally, when the City hires PAA, they would help the city with the salary and job description. Motion passed.
Motion by Cothard, seconded by Juergens, to increase the proposed 2007 Budget in the amount of $3,500 for the services of Doug Paulin of Lighting Forensics for the preparation of an outdoor lighting ordinance (Plan Commission’s recommendation). The Committee discussed how the Plan Commission determined the urgency for a comprehensive lighting ordinance. The Committee’s discussion focused on the costs and benefits of maintaining a comprehensive lighting ordinance.
Motion by Braunschweig, seconded by Cothard, to table and refer back to Plan Commission to review the financial impact of maintaining a comprehensive lighting ordinance. Motion passed.
The Committee discussed the city attorney services, and the consensus was to extend the agreement for two years with Mark Kopp with the current hourly rate.
Motion by Cothard, seconded by Juergens, to extend the current attorney service agreement for two years with the current hourly rate. Motion passed.
The discussion regarding the $5,000 donation from the Skate Club, which was due when the city made the payment for the skate park equipment (April 10th Finance minutes), was passed over by the Committee because the Skate Club paid the $5,000 donation earlier today.
Motion by Cothard, seconded by Juergens, to approve the new Gordon Flesch Company Copier lease. Motion passed.
The Committee reviewed the draft 2007 Operating Budgets with department heads that are overseen by the Finance and Labor Relations Committee pursuant to Resolution #2006-16.
Motion by Cothard, seconded by Braunschweig, to recommend to Common Council the adoption of the proposed five-year capital plan for 2007-11 pursuant to Resolution #2006-16. Motion passed.
Adjournment.
Motion by Cothard, seconded by Braunschweig, to adjourn at 7:10 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
Minutes: Evansville Finance Committee: August 2006
Finance and Labor Relations Committee
Regular Meeting
Monday, August 7, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 5:30 PM. Present were Chairperson Cothard, Ald. Braunschweig, and Ald. Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
The agenda was approved as printed
Approval of Minutes
Motion by Juergens, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on July 10, 2006, as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Cothard, seconded by Juergens, to approve the Water & Light bills in the amount of $644,153.04 and authorize their payment. Motion passed.
City Bills
Motion by Cothard, seconded by Juergens, to approve the City bills in the amount of $304,442.28 and authorize their payment. Motion passed.
Unfinished Business
The committee reviewed the status of insurance/collateral covering city’s deposits, and the consensus was to remove this item from the monthly agenda, because if there were a problem, the finance director would present the insurance/collateral report before the Finance Committee to address the issue.
The consensus was to remove the report on the status of revised Employee Handbook until the new city administrator is hired.
The motion regarding Resolution #2006-8 remained on the table because the new youth center construction project was not completed.
Mayor led the discussion regarding insurance company denial of coverage for MIG/Dewane Landfill Superfund Site. There was no formal record noting the denial from Wausau Insurance Company to pay for the city’s cost in the amount of $45,000 to clean up the MIG/Dewane Landfill Superfund Site. The city attorney advised it is not worth pursuing this matter further.
New Business
Motion by Cothard, seconded by Juergens to recommend to Common Council the approval of a proposal for professional services to revise TID No. 6. The Plan Commission approved an industrial type TID. Now, the city wants to change TID No. 6 as a mixed-use TID. Motion passed.
Motion by Cothard, seconded by Juergens to recommend to Common Council the approval of a proposal for professional services to create TID No. 7. Motion passed.
Motion by Cothard, seconded by Juergens to approve City Attorney and City Engineer expense for preparation of future Department of Transportation and Department of Commerce grant applications. The Committee was concerned about controlling costs.
Motion by Cothard, seconded by Braunschweig, to include (1) approving only industrial development relative to TID No. 7 and (2) requiring monthly reports showing all costs for these grant applications. Motion passed.
The original motion, as amended, passed.
Motion by Cothard, seconded by Juergens to recommend to Common Council to approve Resolution #2006-25, amending the adopted 2006 city budget to fund the construction of a restroom/shelter structure and addition of playground equipment at Countryside Park beginning in September 2006. The Committee raised the issue of the Park Board running out of money for park projects. They made it clear that when the park’s designated monies runs out, there will be no money transfers from other fund balances for park projects. Motion passed.
Motion by Cothard, seconded by Juergens to recommend to Common Council to approve Resolution #2006-31, amending the adopted 2006 city budget to increase the appropriation for 10-5114-740, Tax Refunds. Motion passed.
Motion by Cothard, seconded by Juergens to recommend to Common Council to approve Resolution #2006-33, amending the Adopted 2006 City Budget to Increase the Appropriation for the Pool/Park Store Maintenance Expenses by $5,475. Motion passed.
The Committee reviewed the 2006 Adopted Budget and make recommendations for the 2007 budget per Resolution 2006-16. Additionally, they reviewed five-year (2007-2011) capital plan.
Motion by Cothard, seconded by Braunschweig, to contact Public Administration Associates, LLC (PAA) for their service to find candidates for the city administrator position. Motion passed.
The Committee discussed the Municipal Code Corporation proposal for supplement No. 2. The consensus was to maintain our municipal code in-house. Staff was instructed to come back with a plan.
The Committee discussed temporary budget preparation assistance. The consensus was to talk to Jennifer Petruzzello about using her services.
The Committee discussed the status of Mezera federal lawsuit. Mezera filed a lawsuit against a police officer and the city, claiming the police officer released protected driver’s license information to an unauthorized individual.
Adjournment.
Motion by Cothard, seconded by Juergens, to adjourn at 6:58 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
These minutes are not official until approved by Finance and Labor Relations Committee at the next regular meeting.
Regular Meeting
Monday, August 7, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Chairperson Cothard called the meeting to order at 5:30 PM. Present were Chairperson Cothard, Ald. Braunschweig, and Ald. Juergens. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
The agenda was approved as printed
Approval of Minutes
Motion by Juergens, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on July 10, 2006, as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Cothard, seconded by Juergens, to approve the Water & Light bills in the amount of $644,153.04 and authorize their payment. Motion passed.
City Bills
Motion by Cothard, seconded by Juergens, to approve the City bills in the amount of $304,442.28 and authorize their payment. Motion passed.
Unfinished Business
The committee reviewed the status of insurance/collateral covering city’s deposits, and the consensus was to remove this item from the monthly agenda, because if there were a problem, the finance director would present the insurance/collateral report before the Finance Committee to address the issue.
The consensus was to remove the report on the status of revised Employee Handbook until the new city administrator is hired.
The motion regarding Resolution #2006-8 remained on the table because the new youth center construction project was not completed.
Mayor led the discussion regarding insurance company denial of coverage for MIG/Dewane Landfill Superfund Site. There was no formal record noting the denial from Wausau Insurance Company to pay for the city’s cost in the amount of $45,000 to clean up the MIG/Dewane Landfill Superfund Site. The city attorney advised it is not worth pursuing this matter further.
New Business
Motion by Cothard, seconded by Juergens to recommend to Common Council the approval of a proposal for professional services to revise TID No. 6. The Plan Commission approved an industrial type TID. Now, the city wants to change TID No. 6 as a mixed-use TID. Motion passed.
Motion by Cothard, seconded by Juergens to recommend to Common Council the approval of a proposal for professional services to create TID No. 7. Motion passed.
Motion by Cothard, seconded by Juergens to approve City Attorney and City Engineer expense for preparation of future Department of Transportation and Department of Commerce grant applications. The Committee was concerned about controlling costs.
Motion by Cothard, seconded by Braunschweig, to include (1) approving only industrial development relative to TID No. 7 and (2) requiring monthly reports showing all costs for these grant applications. Motion passed.
The original motion, as amended, passed.
Motion by Cothard, seconded by Juergens to recommend to Common Council to approve Resolution #2006-25, amending the adopted 2006 city budget to fund the construction of a restroom/shelter structure and addition of playground equipment at Countryside Park beginning in September 2006. The Committee raised the issue of the Park Board running out of money for park projects. They made it clear that when the park’s designated monies runs out, there will be no money transfers from other fund balances for park projects. Motion passed.
Motion by Cothard, seconded by Juergens to recommend to Common Council to approve Resolution #2006-31, amending the adopted 2006 city budget to increase the appropriation for 10-5114-740, Tax Refunds. Motion passed.
Motion by Cothard, seconded by Juergens to recommend to Common Council to approve Resolution #2006-33, amending the Adopted 2006 City Budget to Increase the Appropriation for the Pool/Park Store Maintenance Expenses by $5,475. Motion passed.
The Committee reviewed the 2006 Adopted Budget and make recommendations for the 2007 budget per Resolution 2006-16. Additionally, they reviewed five-year (2007-2011) capital plan.
Motion by Cothard, seconded by Braunschweig, to contact Public Administration Associates, LLC (PAA) for their service to find candidates for the city administrator position. Motion passed.
The Committee discussed the Municipal Code Corporation proposal for supplement No. 2. The consensus was to maintain our municipal code in-house. Staff was instructed to come back with a plan.
The Committee discussed temporary budget preparation assistance. The consensus was to talk to Jennifer Petruzzello about using her services.
The Committee discussed the status of Mezera federal lawsuit. Mezera filed a lawsuit against a police officer and the city, claiming the police officer released protected driver’s license information to an unauthorized individual.
Adjournment.
Motion by Cothard, seconded by Juergens, to adjourn at 6:58 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
These minutes are not official until approved by Finance and Labor Relations Committee at the next regular meeting.
Minutes: Evansville Finance Committee: July 2006
Finance and Labor Relations Committee
Regular Meeting
Monday, July 10, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Acting Chairperson Braunschweig called the meeting to order at 5:30 PM. Present were Acting Chairperson Braunschweig, and Ald. Juergens. Ald. Cothard was absent. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
The agenda was approved as printed
Approval of Minutes
Motion by Juergens, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on June 12, 2006, as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Braunschweig, seconded by Juergens, to approve the Water & Light bills in the amount of $373,963.45 and authorize their payment. Motion passed.
City Bills
Motion by Braunschweig, seconded by Juergens, to approve the City bills in the amount of $224,560.42 and authorize their payment. Motion passed.
Unfinished Business
The committee reviewed the status of insurance/collateral covering city’s deposits.
The Committee reviewed the revised draft of the Employee Handbook. The Committee discussed how the current Employee Handbook was over 10 years old, and the changes that were made to it are not noted. Personnel laws have changed in the last 10 years. They questioned if the next step was give to the draft handbook to department heads for their input or let the city’s personnel attorney review it to make sure the draft handbook complies with current laws.
Motion by Juergens, seconded by Braunschweig, to submit the revised draft of the Employee Handbook to the city’s personnel attorney for his review. Motion passed.
The motion regarding Resolution #2006-8 was left on the table because the construction of the new youth center was not completed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council approval of Contract between State Collection Service, Inc. and City of Evansville for collections services. The city will use State Collections Service to collect delinquent personal property tax bills. Motion passed.
Motion by Juergens, seconded by Braunschweig, to extend the employment period of the limited-term employee (LTE). Because the State of Wisconsin requires all municipalities to use the new Statewide Voter Registration System (SVRS) computer system, the Committee favors extending the LTE employment period, so that she can set up the new system. Additionally, because of the vacancy of the city administrator position, the Committee favors extending the LTE employment period to help city staff. Motion passed.
The Committee discussed actions needed to recruit a new city administrator. The Committee reviewed different avenues to use when hiring an administrator. Additionally, the Committee discussed the administrator’s duties and responsibilities and decided to review this matter at the next finance meeting. For the next finance meeting, the Committee instructed staff to include in the packets the Finance Committee minutes for February and the city administrator’s job description. Because time is of the essence and the city administrator’s workload and responsibilities are immense, the Committee would be remiss if they did not move forward at this meeting. The Committee decided to have a special finance meeting at a later date with Ald. Cothard present because of his experience in these matters.
Motion by Juergens, seconded by Braunschweig, to have a special Finance meeting as soon as possible with Ald. Cothard present. Motion passed.
New Business
Kevin Krysinski from Johnson Block and Company presented the 2005 Preliminary Audit Report. He reviewed the draft Management Letter and preliminary Financial Statements with the Committee.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Ordinance #2006-17, amending the Municipal Code relative to authorizing an application fee for specified comprehensive plan amendment applications. Because the city has costs associated with amendments to the city’s smart growth comprehensive plan, the Committee favors collecting those costs from the applicant for the amendments. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Resolution #2006-23, amending the City of Evansville’s Fee Schedule. This resolution states the new application fees for a floodplain development and new application fees for an amendment to the interim future land use map or future land use map. Motion passed.
Mayor Decker led the discussion on Ordinance #2006-18, amending Municipal Code relative to the effective date of appointments to committees, commissions, and boards. There were discrepancies between the city’s appointments to committees in April and the code regarding starting and ending dates for committee members. This ordinance matches the April appointments to the code.
Acting Chairperson Braunschweig opened the public hearing at 6:50 PM. Ald. Sornson and Karen Aikman, 126 Garfield Ave., are in favor of this ordinance. Acting Chairperson Braunschweig closed the public hearing at 6:51 PM.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Ordinance #2006-18, amending Municipal Code relative to the effective date of appointments to committees, commissions, and boards. Motion passed.
Mayor Decker led the discussion on Ordinance #2006-19, amending Municipal Code relative to appointments of trustees of the Evansville Fire Protection District. The code did not provide terms for the trustees of the Fire Protection District, and this ordinance provides those terms.
Acting Chairperson Braunschweig opened the public hearing at 6:53 PM. Ald. Sornson and Karen Aikman, 126 Garfield Ave., are in favor of this ordinance. Acting Chairperson Braunschweig closed the public hearing at 6:54 PM.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Ordinance #2006-19, amending Municipal Code relative to appointments of trustees of the Evansville Fire Protection District. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Resolution #2006-24, making a Preliminary Declaration of the Common Council’s Intent to Levy Special Assessments under Municipal Police Power under § 66.0703, Wis. Stats. The city will install or replace sidewalks on the west side of South 2nd Street from Highland Street to Fair Street and all property fronting on the north side of Fair Street from South 2nd Street to the end of the public street. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Resolution #2006-26, Supporting Agreements between the City of Evansville and the Wisconsin State Elections Board regarding use of the Statewide Voter Registration System (SVRS). The State Election Board requires this resolution from all municipalities using their system. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Resolution #2006-28, amending the Adopted 2006 City Budget to Increase the Appropriations for Water & Light Utility Construction and Equipment Purchases. The adopted 2006 city capital budget inadvertently did not include any appropriations for these projects, and this resolution rectifies the 2006 budget. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to authorize Ehlers & Associates to amend the project plan for TID No. 5 to include $40,000 for marketing to developers and potential tenants of redevelopment projects, including, but not limited to, possibly contributing to the cost of a trade market analysis study. The Committee questioned who would pay for the other part of trade market analysis study. The consensus was the Committee needed more information before they could approve this motion. Motion failed with Juergens and Braunschweig voting against it.
The Committee discussed the City Assessor Services and possible motion for Request for Proposals (RFPs). The city hired the current city assessor in 2001, and it would be financially prudent to solicit RFPs for the 2007 city assessor services.
Motion by Juergens, seconded by Braunschweig, to solicit RFPs for the city assessor services starting in January 2007. Motion passed.
The Committee discussed the mayor attending a seminar by League of Wisconsin Municipalities - 2006 Wisconsin Chief Executives Workshop. The consensus was to allow the mayor to attend the seminar.
Motion by Juergens, seconded by Braunschweig, to authorize the mayor to attend the League of Wisconsin Municipalities - 2006 Wisconsin Chief Executives Workshop and to authorize the city to pay for the seminar costing $214 plus the incidental expenses. Motion passed.
The Committee discussed the financial account relating to "Fees received in lieu of Parkland Dedication." Ald. Juergens distributed a “Fees in Lieu of Parkland Dedication” report. Bill Connors, former City Administrator, and Tim Schwecke, City planner, created this report showing that $139, 218.86 was collected as of today. The report estimates that $153,207.00 will be collect from 2007 through 2011 (see attachment). The new law prohibiting parkland fees has stopped this funding for future parks. Ald. Juergens wants to make everyone aware that the $292,245.86 is designated for new parks, and the Park Board intends to use it. The Committee questioned the accuracy of the report because it was not matched to the city’s accounting records. The Committee instructed staff to generate a more definitive dollar amount for designated Parkland Dedication Fees and agreed this report is a good starting point for that final answer.
Adjournment.
Motion by Juergens, seconded by Braunschweig, to adjourn at 7:38 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
The Minutes are not official until approved by Finance and Labor Relations Committee at the next regular m
Regular Meeting
Monday, July 10, 2006 5:30 PM
City Hall, 31 S. Madison Street, Evansville, WI
MINUTES
Acting Chairperson Braunschweig called the meeting to order at 5:30 PM. Present were Acting Chairperson Braunschweig, and Ald. Juergens. Ald. Cothard was absent. Staff present: Eric Jepperson, Finance Director, and Jim Beilke, Clerk/Treasurer. Mayor Decker and Ald. Sornson were present in the audience.
Approval of Agenda
The agenda was approved as printed
Approval of Minutes
Motion by Juergens, seconded by Braunschweig, to waive the reading and approve the minutes for the regular meeting on June 12, 2006, as printed. Motion passed.
Citizen appearances other than agenda items listed - None
Water & Light Department Bills
Motion by Braunschweig, seconded by Juergens, to approve the Water & Light bills in the amount of $373,963.45 and authorize their payment. Motion passed.
City Bills
Motion by Braunschweig, seconded by Juergens, to approve the City bills in the amount of $224,560.42 and authorize their payment. Motion passed.
Unfinished Business
The committee reviewed the status of insurance/collateral covering city’s deposits.
The Committee reviewed the revised draft of the Employee Handbook. The Committee discussed how the current Employee Handbook was over 10 years old, and the changes that were made to it are not noted. Personnel laws have changed in the last 10 years. They questioned if the next step was give to the draft handbook to department heads for their input or let the city’s personnel attorney review it to make sure the draft handbook complies with current laws.
Motion by Juergens, seconded by Braunschweig, to submit the revised draft of the Employee Handbook to the city’s personnel attorney for his review. Motion passed.
The motion regarding Resolution #2006-8 was left on the table because the construction of the new youth center was not completed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council approval of Contract between State Collection Service, Inc. and City of Evansville for collections services. The city will use State Collections Service to collect delinquent personal property tax bills. Motion passed.
Motion by Juergens, seconded by Braunschweig, to extend the employment period of the limited-term employee (LTE). Because the State of Wisconsin requires all municipalities to use the new Statewide Voter Registration System (SVRS) computer system, the Committee favors extending the LTE employment period, so that she can set up the new system. Additionally, because of the vacancy of the city administrator position, the Committee favors extending the LTE employment period to help city staff. Motion passed.
The Committee discussed actions needed to recruit a new city administrator. The Committee reviewed different avenues to use when hiring an administrator. Additionally, the Committee discussed the administrator’s duties and responsibilities and decided to review this matter at the next finance meeting. For the next finance meeting, the Committee instructed staff to include in the packets the Finance Committee minutes for February and the city administrator’s job description. Because time is of the essence and the city administrator’s workload and responsibilities are immense, the Committee would be remiss if they did not move forward at this meeting. The Committee decided to have a special finance meeting at a later date with Ald. Cothard present because of his experience in these matters.
Motion by Juergens, seconded by Braunschweig, to have a special Finance meeting as soon as possible with Ald. Cothard present. Motion passed.
New Business
Kevin Krysinski from Johnson Block and Company presented the 2005 Preliminary Audit Report. He reviewed the draft Management Letter and preliminary Financial Statements with the Committee.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Ordinance #2006-17, amending the Municipal Code relative to authorizing an application fee for specified comprehensive plan amendment applications. Because the city has costs associated with amendments to the city’s smart growth comprehensive plan, the Committee favors collecting those costs from the applicant for the amendments. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Resolution #2006-23, amending the City of Evansville’s Fee Schedule. This resolution states the new application fees for a floodplain development and new application fees for an amendment to the interim future land use map or future land use map. Motion passed.
Mayor Decker led the discussion on Ordinance #2006-18, amending Municipal Code relative to the effective date of appointments to committees, commissions, and boards. There were discrepancies between the city’s appointments to committees in April and the code regarding starting and ending dates for committee members. This ordinance matches the April appointments to the code.
Acting Chairperson Braunschweig opened the public hearing at 6:50 PM. Ald. Sornson and Karen Aikman, 126 Garfield Ave., are in favor of this ordinance. Acting Chairperson Braunschweig closed the public hearing at 6:51 PM.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Ordinance #2006-18, amending Municipal Code relative to the effective date of appointments to committees, commissions, and boards. Motion passed.
Mayor Decker led the discussion on Ordinance #2006-19, amending Municipal Code relative to appointments of trustees of the Evansville Fire Protection District. The code did not provide terms for the trustees of the Fire Protection District, and this ordinance provides those terms.
Acting Chairperson Braunschweig opened the public hearing at 6:53 PM. Ald. Sornson and Karen Aikman, 126 Garfield Ave., are in favor of this ordinance. Acting Chairperson Braunschweig closed the public hearing at 6:54 PM.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Ordinance #2006-19, amending Municipal Code relative to appointments of trustees of the Evansville Fire Protection District. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Resolution #2006-24, making a Preliminary Declaration of the Common Council’s Intent to Levy Special Assessments under Municipal Police Power under § 66.0703, Wis. Stats. The city will install or replace sidewalks on the west side of South 2nd Street from Highland Street to Fair Street and all property fronting on the north side of Fair Street from South 2nd Street to the end of the public street. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Resolution #2006-26, Supporting Agreements between the City of Evansville and the Wisconsin State Elections Board regarding use of the Statewide Voter Registration System (SVRS). The State Election Board requires this resolution from all municipalities using their system. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to adopt Resolution #2006-28, amending the Adopted 2006 City Budget to Increase the Appropriations for Water & Light Utility Construction and Equipment Purchases. The adopted 2006 city capital budget inadvertently did not include any appropriations for these projects, and this resolution rectifies the 2006 budget. Motion passed.
Motion by Juergens, seconded by Braunschweig, to recommend to Common Council to authorize Ehlers & Associates to amend the project plan for TID No. 5 to include $40,000 for marketing to developers and potential tenants of redevelopment projects, including, but not limited to, possibly contributing to the cost of a trade market analysis study. The Committee questioned who would pay for the other part of trade market analysis study. The consensus was the Committee needed more information before they could approve this motion. Motion failed with Juergens and Braunschweig voting against it.
The Committee discussed the City Assessor Services and possible motion for Request for Proposals (RFPs). The city hired the current city assessor in 2001, and it would be financially prudent to solicit RFPs for the 2007 city assessor services.
Motion by Juergens, seconded by Braunschweig, to solicit RFPs for the city assessor services starting in January 2007. Motion passed.
The Committee discussed the mayor attending a seminar by League of Wisconsin Municipalities - 2006 Wisconsin Chief Executives Workshop. The consensus was to allow the mayor to attend the seminar.
Motion by Juergens, seconded by Braunschweig, to authorize the mayor to attend the League of Wisconsin Municipalities - 2006 Wisconsin Chief Executives Workshop and to authorize the city to pay for the seminar costing $214 plus the incidental expenses. Motion passed.
The Committee discussed the financial account relating to "Fees received in lieu of Parkland Dedication." Ald. Juergens distributed a “Fees in Lieu of Parkland Dedication” report. Bill Connors, former City Administrator, and Tim Schwecke, City planner, created this report showing that $139, 218.86 was collected as of today. The report estimates that $153,207.00 will be collect from 2007 through 2011 (see attachment). The new law prohibiting parkland fees has stopped this funding for future parks. Ald. Juergens wants to make everyone aware that the $292,245.86 is designated for new parks, and the Park Board intends to use it. The Committee questioned the accuracy of the report because it was not matched to the city’s accounting records. The Committee instructed staff to generate a more definitive dollar amount for designated Parkland Dedication Fees and agreed this report is a good starting point for that final answer.
Adjournment.
Motion by Juergens, seconded by Braunschweig, to adjourn at 7:38 PM. Motion passed.
Prepared by:
James Beilke
City Clerk/Treasurer
The Minutes are not official until approved by Finance and Labor Relations Committee at the next regular m
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