Minutes: Common Council: January 10, 2006

Common Council
Regular Meeting
Tuesday, January 10, 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 Aldpersons Aikman, Cothard, Roberts, Hammann, Juergens, Sornson, and Wessels. Absent was Ald. Anderson. Staff present: Mark Kopp, City Attorney; Bill Connors, City Administrator; Dave Wartenweiler, Public Works Director; Art Phillips, Police Lieutenant; Scott George, Water and Light Director; Kathy Buttchen, EMT; and Jim Beilke, Clerk/Treasurer.

Approval of Agenda.
The agenda was amended to move item 7 (A) to the first item under 6-Reports of Committees.

Approval of Minutes.
Motion by Roberts, seconded by Cothard, to waive the reading of the minutes of the regular meeting for December 13, 2005, and amend them to include comments from the City Attorney Kopp regarding waving the possible conflict of interest with the condemnation action to acquire additional right of way on USH 14 noted on the bottom of page 4 of the minutes. Motion passed.

Citizen appearances other than agenda items listed. None

Unfinished Business - Item 7 (A)
Motion by Cothard, seconded by Sornson, 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

Ald. Cothard reported that D&D Development, the owners of the land needed for the drive-by lane on the south side of USH 14 opposite J. Lindemann Dr., are requesting the city to table this matter until the end of January. D&D Development is Don Whalin of Stoughton Trailers and Don Helgesen. They are meeting with interested individuals regarding the land for the turn lane for USH 14 on January 16, 2006. Representing D&D Development, Roger Berg, 75 Exchange St., reported he is confident the parties involved will come to an amicable agreement in January. If not, then they will abide by the condemnation process.

Motion by Cothard, seconded by Hammann, to table the motion for another 30 days. Motion passed.






Committee Reports:

Evansville Community Partnership Report.
Rebecca DeMarb, 25 N. Second St., reported the Evansville Community Partnership is organizing the Chili Cook Off scheduled February 4, 2006 and Earth Day Energy Fair scheduled April 28, 2006.

Plan Commission Report.
Motion by Hammann, seconded by Cothard, to approve an easement agreement between the City of Evansville and MJ Properties, LLC. At the last council meeting, the city released an easement on this property. The city and MJ Properties will readjusted their boundary lines through a certified survey map (a motion to approve the CSM was inadvertently omitted from the Council agenda). The easement agreement would give MJ Properties a new ingress-egress easement across the parking lot west of the Dean Community Center. Motion passed.

Second reading and motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-46, amending Municipal Code relative to violations of sign regulations, which would authorize the prompt removal of signs illegally placed on public property and illegal signs that are readily movable. Motion passed.

Second reading and motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-47, amending Municipal Code relative to minimum building sizes for group developments in the B-4 District. In 2002, the Common Council repealed all of the minimum building size requirements in the B-4 district except for buildings that are part of a group development. It appears the failure to repeal the minimum building size in the group developments in 2002 was an inadvertent omission. Motion passed.

Second reading and motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-48, rezoning territory from Central Business District (B-2) to Residential District Two (R-2). Historically, the property has been a duplex. Because it has been vacant for over a year, none of the first floor of the building may be used for residential purposes unless at least 700 square feet of the first floor in the front of the building 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. Motion passed.

Second reading and motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-49, establishing a moratorium on the installation of outdoor furnaces within the City of Evansville. The purpose of the moratorium would be to freeze the installation of outdoor furnaces for one year or for a shorter time if the Council shortens the duration of the moratorium. The Plan Commission and Council will review this matter and develop regulations on outdoor furnaces or to prohibit them permanently. Motion passed.

Second reading and motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-50, amending Municipal Code relative to minimum lot size in Residential Districts One (R-1) and 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 for the R-1 zoning 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 was platted 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 zoning districts. If a lot was platted after December 31, 2000, the minimum lot sizes are 8,000 square feet for single-family dwellings and 10,000 square feet for two-family dwellings in both the R-1 and R-2 zoning districts. Adoption of this ordinance would complete an objective in the Smart Growth comprehensive Plan. Motion passed.

Second reading and motion by Hammann, seconded by Cothard, to adopt Ordinance #2005-53, amending Municipal Code relative to wellhead protection. 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. 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 $509,900.48. Motion passed unanimously on roll call vote.

Motion by Aikman, seconded by Roberts, to approve the City bills and authorize their payments of $315,183.18. Motion passed unanimously on roll call vote.

Motion by Aikman, seconded by Roberts, to accept the $5,000 grant from the Courtier Foundation, Inc. for the new Youth Center at 209 S. First Street. The funds will be used for the capital project of renovating and equipping the recently purchased building for the Youth Center. Motion passed.

Public Safety Committee Report. None

Public Works Committee Report.
Ald Hammann reported the Public Works Committee will have a discussion at their next meeting on January 23 about the Allen Creek Watershed Study Report by Strand Engineering. The study will identify where the silt in Lake Leota is coming from. Additionally, the Public Works Committee will have a public hearing on January 23 regarding the Main Street Reconstruction project in 2007, which will include downtown streetscape plan, sidewalk improvements, lighting improvements, signage, canopies, street furniture, landscaping, and the use of paving bricks.

Water & Light Committee Report. None

Economic Development Committee Report. None

Evansville Redevelopment Authority Report.
Mr. Connors reported that Nelson-Young Lumber Yard submitted a financial assistant application for their new fence. They are requesting a special Common Council meeting shortly after the January 17, 2006, meeting of the Redevelopment Authority because they need an answer before the next Common Council meeting. Council agreed to meet on Friday, January 20, 2006, at 5:30 PM.

Parks and Recreation Board Report.
Ald. Juergens reported that Evansville’s Home Talent baseball team requested to use the city’s softball/baseball field for their home games this season. Previously, they used the High School field, which does not have lights. Thus, they always had to schedule early games. Ald. Juergens had the Water and Light Department do an estimate on the cost of turning on the lights during the night games. The cost would be approximately $6 per hour. Home Talent baseball games at the park would bring spectators to the center of the city, which would have a positive impact on the city.

Historic Preservation Commission Report.
Ald. Wessels distributed a report (attached).

Fire District Report.
Ald. Roberts reported that the Fire District wants input from the city regarding the new location for their operations. Mr. Mike Halvensleben, Fire Chief, understands the city is the main funding source for their operations and wants to keep the city happy with a possible new location. He reviewed the pro and cons of having the new station at the old Co-op property owned by Greg Helgesen, property next to the current fire station, property on Water Street, and the Burnham property on STH 213 (south of the Water & Light building). He asked for any thoughts on the possible new locations. The Council requested that all options should be written with acquisition cost estimates and pros and cons, and they will review the written documentations.

Communications and Recommendations from the Mayor.
Motion by Juergens, seconded by Roberts, to waive the seven-day notice requirement and approve the mayoral appointment of Eugene Miller, 437 Badger Dr., to the Board of Review replacing Tom Petterson. Motion passed.

Communications and Recommendations from the City Administrator.
Mr. Connors reported that he will complete the performance evaluations for the city’s department heads for 2005 during January 2006, and he will soon distribute to alderpersons a form to rate his performance during the second half of 2005.

New Business.
Motion Juergens, seconded by Wessels, not to adopt Resolution #2006-1, requesting the United States government to withdraw its military personnel from Iraq. Passing this motion would mean the question of whether to adopt the resolution would be placed on the ballot for the April 2006 election. Ald. Juergens stated the voice of the citizens of Evansville would be heard. This is the purest form of democracy, to let the voters decide. Ald. Sornson, Wessels, and Cothard stated they are very proud of the military personnel and do not want this resolution to tarnish them. They were not in favor of approving or placing this resolution on the April ballot. There was a discussion to table this matter until City Attorney Kopp reported that statutes dictate Council must act within 30 days from the date the direct legislation (resolution) was filed with the city clerk. Mayor Ringhand and Ald. Hammann favor letting the voters decide in the April election. Motion passed.

Introduction of New Ordinances.
First reading of Ordinance #2006-1, amending the Smart Growth Comprehensive Plan. Mr. Hammann reported this resolution corrects an oversight on the future land use maps because initially the Smart Growth Planning Committee identified this area as commercial, but we left these lots as residential, which is their current land use.

First reading of Ordinance #2006-2, annexing territory to the City of Evansville, Wisconsin (Larson Acres Property). The city needs to build a retention pond located on the land to be annexed to accommodate storm water system in the new Westfield Meadows subdivision.

Adjournment.
Motion by Sornson, seconded by Cothard, to adjourn the meeting at 7:45 PM. Motion carried.


Prepared by:
James Beilke
City Clerk/Treasurer

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