Minutes: Common Council: April 11, 2006

Common Council
Regular Meeting
Tuesday, April 11, 2006, 6:30 PM
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

Mayor Ringhand called the meeting to order at 6:30 PM. Present were: Mayor Ringhand and Alderpersons Aikman, Cothard, Roberts, Hammann, Sornson, Juergens, Anderson, and Wessels. Staff present: Holly Jensen, City Attorney; Bill Connors, City Administrator; Dave Wartenweiler, Public Works Director; Scott McElroy, Police Chief; Mary Beaver, EMS Coordinator; Scott George, Water and Light Superintendent; and Jim Beilke, Clerk/Treasurer.

Approval of Agenda.
Agenda items 6(L), Dean Community Center, 6(M), Primetimers, and 6(N), Senior Nutritional and Transportation, were moved after item 6(A), Evansville Community Partnership. The amended agenda was approved.

Approval of Minutes.
Motion by Cothard, seconded by Roberts, to waive the reading of the minutes of the regular meeting for March 14, 2006 and approve them as printed. Motion passed.

Citizen appearances other than agenda items listed. None

Evansville Community Partnership Report.
Jean Wyse, 112 Grove St., reported on the street beatification grant, ECP luncheon project at the High School, downtown flowers project, bugle core project, Fourth of July project, and updating electrical infrastructure in the park.

Dean Community Center Advisory Committee
Tracy Schroeder from Dane County YMCA reported on attendance, fund raising, grants, donations for the new building, and the new vending machines.

Primetimers, Senior Nutritional Center, and Senior Transportation Program.
Amanda Morrison, Program Director, reported on growth in use of center, added transportation from the donated van, new Internet classes, new multi-generational art classes, trips to other seniors clubs, new tai chi classes, diabetes support group, and health fair.

Plan Commission Report.
Motion by Hammann, seconded by Juergens, to adopt Ordinance #2006-3, annexing territory to the City of Evansville, Wisconsin (D & D Development Property). This ordinance would annex into the city approximately 97 acres of land owned by D&D Development at the southeast corner of USH 14 and CTH M. If this land is annexed, it is anticipated that D&D Development will apply to have it rezoned for commercial and industrial uses. The Plan Commission recommended that the Common Council grant the petition for annexation, conditioned on the city’s receipt of a letter from the state Department of Administration approving the annexation prior to the Common Council vote. On May 1, 2006, the Plan Commission will hold a public hearing on including this land in a proposed Tax Incremental District No. 6.

Mr. Connors suggested that on page one, line 15, Council should add the date of 15th on the blank line.

Motion by Hammann, seconded by Juergens, to add the date of 15th on page one, line 15. Motion passed.

The original motion, as amended, passed.

Motion by Hammann, seconded by Cothard to adopt Ordinance #2006-6, amending the Municipal Code relative to replacement of damaged nonconforming structures so as to comply with 2005 Wisconsin Act 112. This ordinance would amend the provisions of the Municipal Code regarding replacement of damaged nonconforming structures to be consistent with 2005 Wisconsin Act 112. Earlier, the Common Council adopted Ordinance #2005-43, which amended the provisions of the Municipal Code regarding replacement of (1) damaged nonconforming structures and (2) damaged structures (conforming or nonconforming) containing nonconforming uses. Subsequently, the Legislature enacted 2005 Wisconsin Act 112, which prohibits a city from limiting the repair or reconstruction of damaged nonconforming structures. Ordinance #2006-6 would amend the Municipal Code to be consistent with 2005 Wisconsin Act 112. Because that act addressed only damage to nonconforming structures, Ordinance #2006-6 does not modify the provisions of the Municipal Code regarding repair or replacement of a damaged conforming structure that contains a nonconforming use. Motion passed

Motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-37, amending Municipal Code relative to requiring sidewalks in the B-1, B-2, B-3, B-4 and O-1 zoning districts. This ordinance would require sidewalks to be constructed on all street faces of all lots zoned B-1, B-2, B-3, B-4, or O-1 in new land divisions, except that the Plan Commission would have discretion not to require sidewalks on both street faces of a corner lot. The ordinance also makes clear that the city retains the authority to install sidewalks and assess property owners in older land divisions. As initially introduced, Ordinance #2005-37 would have removed from the Municipal Code the provisions that requires developments in these zoning districts to have their vehicular access directly onto collector or arterial streets rather than local streets. Collector and arterial streets, however, are required to have sidewalks on both sides, so the sponsors of the ordinance wanted the ordinance to include a provision about sidewalks in commercial areas. This sidewalk provision was amended into its current form. In the meantime, Plan Commissioners began to have second thoughts about removing from the Municipal Code the provisions that requires developments in these zoning districts to have their vehicular access directly onto collector or arterial streets rather than local streets. Consequently, the Plan Commission amended the ordinance to remove all of those provisions. What is left is the amended provision regarding sidewalks. Motion passed.

Motion by Hammann, seconded by Juergens, to approve the proposed mitigation of environmental concerns for Grand Orchard Estates Subdivision. Joel Zirkle from Fehr-Graham and Associates (FGA) led the discussion regarding the proposed mitigation of environmental concerns for Grand Orchard Estates Subdivision. The developers conducted a Phase I environmental assessment to determine if the property contains any contaminated soils. The assessment revealed the need to conduct a more thorough Phase II environmental assessment. This site investigation “uncovered” a buried petroleum tank that was previously undetected by the developer and the property owner who lived on the property for a number of years. Testing showed it was sound and did not contaminate surrounding soils or groundwater. It has been removed consistent with state requirements. In addition, the investigation found arsenic levels in the northern part of the subdivision that exceed the threshold established by the state of Wisconsin. Arsenic occurs naturally in some soils but these elevated levels resulted from its use in the apple orchard. Arsenic is a persistent element and is restricted to the upper soil layers. It does not pose a threat to groundwater. FGA and developer and his firm worked with the Wisconsin Department of Natural Resources (WDNR) and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) to develop strategies to allow the development of the property for residential purposes while protecting the public health, safety, and welfare. Their plan to mitigate the arsenic-contaminated soils is that all soil excavated from each property (basements, utility trenches) will remain on the property from which it was excavated. Then, after construction is completed and prior to occupancy, the potentially impacted soil will be graded across the individual property and , then, a sod cover will be laid over property. Affected soil from the roadway areas will moved to “Outlot 3” and will be bermed and undeveloped. Outlot 3 will receive its own deed restriction and is placed on the WDNR GIS Soil Registry. All property owners will be notified of residual arsenic impacts prior to purchase of individual lots. Motion passed.

Motion by Hammann, seconded by Cothard, to approve the Extraterritorial land division for five lots off of Travis Trace for R Four Inc. Motion passed.

Motion by Hammann, seconded by Cothard, to approve the Amended Final Land Divider’s Agreement for Westfield Meadows Subdivision, subject to the DNR’s approval of the calculation of the 100-year flood elevation. This amended final land divider’s agreement is for the Westfield Meadows Subdivision on the west side of Evansville, south of Porter Road. The Common Council approved the final land divider’s agreement and final plat for this subdivision in November 2005. The final land divider’s agreement, however, contained some blanks at the time it was approved. Those blanks regarding which lots will not be permitted to have structures with basements, and the minimum elevation that will be permitted for openings in the foundation, have now been filled (see, e.g., paragraph L at the top of page 12), subject to receiving information for the state Department of Natural Resources (DNR) confirming that the 100-year-flood elevation is approximately 903. In addition, the developers requested that the provision requiring them to pay the city an amount for future maintenance of the storm water detention pond on Outlot 4 be removed from the agreement, because the DNR has required the pond to be seeded with plants that must not be mowed. Furthermore, the developers requested that the city issue building permits before the storm water detention pond north of Porter Road is complete, but that the city would not issue occupancy permits until it is complete. Motion passed.

Finance and Labor Relations Committee Report.
Motion by Aikman, seconded by Roberts, to approve Water and Light bills and authorize their payments of $356,300.22. Motion passed unanimously on a roll call vote.

Motion by Aikman, seconded by Cothard, to approve the City bills and authorize their payments of $150,596.87. Motion passed unanimously on a roll call vote.

Motion by Aikman, seconded by Cothard, to approve Resolution #2006-11, expressing support for the application of Design Planning Associates, Inc. for a brownfields grant from the state Department of Commerce for environmental remediation in the Grand Orchard Estates Subdivision. Motion passed.

Motion by Aikman, seconded by Cothard, to authorize Mayor Ringhand to submit a letter to the state Department of Transportation providing notice of the city’s intent to apply for a public transit grant. Motion passed.

Motion by Aikman, seconded by Cothard, to adopt Resolution #2006-6, amending the adopted 2006 city budget to increase the appropriation for Phase 1 of the skate park. This resolution would increase the appropriation for Phase 1 of the skate park from $10,000 to $20,000. Before the 2006 city budget was adopted, the Parks and Recreation Board had recommended appropriating $15,000 for this project, but as the result of a miscommunication, only $10,000 was appropriated. In addition, the Parks and Recreation Board has determined that the likely cost of Phase 1 is $20,000 rather than $15,000. The additional $10,000 will come from an unallocated amount of un-earmarked capital funds for parks projects. In March, the Finance and Labor Relations Committee tabled its motion to recommend to Council adoption of this resolution, so that the committee could obtain more information from the Parks and Recreation Board. Motion passed unanimously on a roll call vote.

Public Safety Committee Report.
Motion by Aikman, seconded by Cothard, to approve “Class A” Beer/ “Class A” Liquor License Application for Bradley N. Goodspeed and Sheryl A. Goodspeed, aka Goodspeed Gas ‘N Go and the surrender of Ringhand Meats & Liquor’s “Class A” Beer/ “Class A” Liquor License to the City of Evansville contingent on such license approval. Motion passed.

Motion by Aikman, seconded by Cothard, to declare the Common Council’s support for 2005 Assembly Bill 287, relative to minimum number of railroad employees required to be present in cab of the lead control locomotive. Motion passed.

Public Works Committee Report.
Ald. Hammann reported on the Main Street project by discussing off-site parking, municipal lot parking & side street parking available both during and after Main Street Reconstruction. Public Works Superintendent Dave Wartenweiler surveyed city’s municipal lots and found north municipal lot (off Montgomery Ct.) at 65% capacity and municipal lot off Maple Street at 50% capacity during peak business activity. Business leaders in attendance unanimously agree that current number of parking stalls is insufficient to support current business activities. The city will contact the State employee commuter vans and ask them to relocate pickup and drop off away from north municipal lot (off Montgomery Ct.) during Main Street reconstruction. The city will also investigate parking availability for the following locations during Main Street reconstruction: 1) old Union Co-op location for contractor staging area & equipment parking; 2) roller rink parking lot, 3) fire district parking lot, 4) Dean Community Center & adjacent church parking lot.

Water & Light Committee Report. None

Economic Development Committee Report.
Ald. Aikman reported that the Committee has tentatively selected UW Extension as the trade market researcher. The UW proposal had a greater focus on implementation. The price ranged from $11,700 -$19,000 and conceivably could extend out for the life of TID No. 5, or 20 years because of the ability to add on additional data. Because the cost of $19,000 exceeds the yearly budget of Economic Development, which is only $5,000, Economic Development Committee would solicit contributions from other interested committees such as Redevelopment Authority before going to Council for the funds.

Evansville Redevelopment Authority Report.
Mr. Connors reported the Redevelopment Authority would publish a notice asking if anyone wants to have their property added to TID No. 5. The notice would inform all property owners in this area that they could come to the April meeting of the Redevelopment Authority and request to have their property included in or removed from TID No. 5.

Parks and Recreation Board Report.
Ald. Juergens reported on the public hearing regarding the recreational value of Lake Leota at it next regular meeting. The Board has not located a knowledgeable contractor to consult about possible dredging operations. He reported that SOLE personnel have met with representatives of Rock County, DNR, and are attempting to meet with representatives of Dane County to try to form “watershed committee” to identify landowners along Allen Creek and begin to work with them on reducing sediment inflow into Lake Leota. SOLE estimates that the lake bottom has compacted by about four inches. DNR thinks that, for maximum “dry and compact” impact, the lake should stay dry through another winter. A public hearing will be scheduled for the Park Board at the next April meeting to get citizen input concerning filling the lake this coming Spring 2006.

Historic Preservation Commission Report. None

Fire District Report. None

Unfinished Business.
Motion by Cothard, seconded by Wessels, to remove from the table the motion to authorize commencement of a condemnation action to acquire additional right of way on the south side of USH 14 for a drive-by lane opposite J. Lindemann Dr. and to authorize the City Administrator to hire legal counsel recommended by the City Attorney to represent the city in the condemnation action. Motion passed.

The consensus was the commencement of a condemnation action was not needed because the subject land was annexed into the city and because D&D Development and business leaders strongly prefer a four-way intersection at J. Lindemann Dr. and J. Lindemann Dr. over a drive-by lane for the existing three-way intersection. The city will vigorously work to complete a traffic impact analysis study, which the state Dept. of Transportation insists must be completed before it will consider approving a four-way intersection or subdivision plat on D&D Development’s property.

The original motion failed. The Council directed Mr. Connors and Mr. Wartenweiler to prepare the necessary papers to request that the city be allowed to take responsibility for maintaining the newly annexed parts of USH 14 (including the intersection of USH 14 and CTH M) to the east city limit and CTH M from USH 14 to the south city limit.

Communications and Recommendations from the Mayor
Ald. Hammann read the Mayoral Proclamation designating April 28, 2006 as Arbor Day.

Ald. Hammann read the Mayoral Proclamation designating the week of May 14–20, 2006, as Emergency Medical Services Week.

Mayor’s “State of the City Address”

Another year has gone by, it is hard to believe that my 4th year as Mayor has come to an end. The past year, as the 3 years before this, has been full of action on the behalf of the City.

The largest single project was the Hwy 14 rebuild, which consumed one half of the past year. From April to October, we were ripped up from one end of the city to the other. In October we held a ribbon cutting ceremony that reopened the highway showing off new curb, gutter, sidewalks, decorative crosswalks and street lights, not to mention pot hole free pavement. The ribbon cutting ceremony included speeches from our State Senator Jon Erpenbach and Representative Brett Davis and DOT representative Rose Phetteplace. Now that spring is here, there may be some cosmetic landscaping that needs to be touched up.

The City worked with the Chamber, local merchants and construction workers to try to make this project as smooth as possible. We have plans for additional road rebuilds in the next couple years. This experience will benefit us in knowing how to cope with the roads being ripped up and how to keep businesses open and operating. This was a learning experience for all of us.

Lake Leota was drawn down last fall, leaving a rather muddy empty shell with a stream in its place. This month we will decide if we will refill the lake this year or let it sit a little longer to dry out more. There are a couple of options that will be explored at Public Works and Park Board this month.

We learned last fall that an anonymous donor will invest $1,000,000.00 for a future Senior Center. We do not have access to the principle amount, but can draw the interest to build or procure and operate a Senior Center. We recently hired a consultant to work with us. Boris Frank has done several Senior Centers, Libraries and other municipal buildings in the area over the past several years. We are currently scheduling public input meetings for April and May. I encourage everyone who is called on to participate to do so, this project will be as good as the input that goes into it.

A Large Scale Commercial Ad-Hoc Committee was formed to determine what kind of businesses we would like to have in our community in the future and the guidelines for how big they should be. This group will present its first draft at the Chamber meeting on the 20th of April. This committee resulted from one of the action items that were listed in our Smart Growth Plan. Other action items from the Smart Growth Plan are being implemented as prescribed by the Plan. Last week Bill Connors and I went to the Dells to receive a WAPA award for our Smart Growth Plan. We were one of 3 communities in the state to receive the award. We received the award for a small community as determined by a panel of judges from Indiana.

The city purchased the former Ceramics Shop in 1st Street. The building is being remodeled into a new youth center. The existing youth center in the Dean building will be remodeled into the Police Dept. when it is vacated. The Youth group outgrew the building, necessitating the change. Aware Agency will move to 1st St. as well.

Several other projects were worked on through out the year, including revaluation of the entire city, a moratorium on outdoor wood burners, progress on park planning for the West Side, Franklin and the Skateboard Parks, new rules for signs – electronic, sandwich board and those that are specific to construction activities, allowing beer gardens and outdoor dining, water impact fees, approval to rebuild nonconforming structures, purchases of a radar trailer and new ambulance.

We approved 3 subdivisions – Grand Orchard, Capstone and Westfield Meadows, we were declared a “Tree City” for the 5th year, approved the Police Supervisory Labor Contracts and received a grant from the Courtier Foundation for renovating the new youth center.

TIF #6 has been proposed and will be worked on the next few months. This TIF will provide for industrial and commercial growth on the East side of the city.

One of the most recent changes in the community was Ace Hardware moving to the East side, the old building will be revamped during the next couple years and reopened when East Main St. reconstruction is finished.

As I look back 3 years ago, when I gave my first State of the City Address, there were 5 issues identified at a strategic planning workshop. They were: Maintaining public safety, managing present and developing new financial sources, increasing economic development and redevelopment opportunities, providing adequate public infrastructure and reclaiming Lake Leota.

All of these issues have been addressed during my term of office. I am very proud of our council and staff for taking these issues to task and finding solutions.

We have also weathered some set backs during my term in office, the closing of Blue Cross/Blue Shield, cuts in shared revenue from the State of Wisconsin, the agony of road construction and the agony of future road construction.

I am especially proud of the fact that our council and staff work so well together. I have seen contentious times where nothing got accomplished. We have come a long way towards providing a better quality of life in Evansville. I will miss all of you, whom I have come to think of as family. I am not going far away; as you know I am running for the State Assembly, a different type of representation for you.

I wish you all well in the future and the best of luck with all your endeavors.

Communications and Recommendations from the City Administrator.
Mr. Connors distributed his report and answered questions.

New Business.
The discussion turned to the possible motion regarding changing the starting time of regular Common Council meetings. Council discussed that Common Council meetings started at 7:00 PM many years ago, and it was changed to 6:30 PM because the meetings were growing longer that two hours. If they were to start earlier than 6:30 PM, it would be hard to have everyone here on time. The consensus was to leave the starting time the same.

Motion by Juergens, seconded by Sornson, to keep the starting time of regular Common Council meetings at 6:30 PM. Motion passed.

Motion by Cothard, seconded by Sornson, to adopt Resolution #2006-12, commending Janis Ringhand for her service as a District 2 Alderperson and Mayor. Motion passed.

Motion Cothard, seconded by Sornson, to adopt Resolution #2006-13, commending Thayne Anderson for his service as a District 1 Alderperson. Motion passed.

Motion by Cothard, seconded by Wessels, to adopt Resolution #2006-14, commending Karen Aikman for her service as a District 3 Alderperson. Motion passed.

Introduction of New Ordinances.
Ald. Hammann read the first reading of Ordinance #2006-7, amending the Municipal Code relative to “Class A” Liquor and Fermented Malt Beverage Licenses

Ald. Hammann read the first reading of Ordinance #2006-8, amending the Municipal Code relative to signage on awnings

Ald. Hammann read the first reading of Ordinance #2006-9, amending the Municipal Code relative to the Common Council’s order of business and rules of procedure

Closed Session.
Motion by Cothard, seconded by Roberts, to convene in closed session pursuant to Sec. 19.85(1)(e), Wis. Stats., deliberation or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reason requires a closed session, and may reconvene in open session. During the closed session, the Council will discuss potential disposition of public real property along Exchange St. and possible acquisition of real property at 535 S. Madison St. Motion passed unanimously on a roll call vote at 8:39 PM. The Council took a recess, a then convened into closed session at 8:46 PM.

Motion by Roberts, seconded by Cothard, to terminate the closed session and reconvene in open session. The motion passed unanimously on a roll call vote at 9:20 PM.

Motion by Roberts, seconded by Sornson, to authorize the city administrator to perform all necessary actions prepare a purchase agreement to acquire 535 S. Madison St. for $213,800 plus the Public Works Garage property, the old Water & Light Building property, and the two parcels at the south end of Exchange St., with the property at 535 S. Madison St. being valued at $550,000 and the old Water & Light Building property being valued at $100,000. Motion passed 7-1 on a roll call vote, with Ald. Hammann voting against.

Adjournment.
Motion by Hammann, seconded by Roberts, to adjourn the meeting at 9:26 PM. Motion carried.


Prepared by:
James Beilke
City Clerk/Treasurer

The Minutes are not official until approved by Common Council at the next regular meeting.