Minutes; Common Council: June 13, 2006

Common Council
Regular Meeting
Tuesday, June 13, 2006, 6:30 PM
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

Mayor Decker called the meeting to order at 6:30 PM. Present were: Mayor Decker and Alderpersons Wyse, Cothard, Roberts, Hammann, Sornson, Juergens, Braunschweig (arrived 6:32 PM), and Wessels. Staff present: Mark Kopp, City Attorney; Bill Connors, City Administrator; Eric Jorgensen, Public Works Foreman; Scott McElroy, Police Chief; Kathy Buttchen, Assistant EMS Coordinator; Mary Beaver, EMS Coordinator; Scott George, Water and Light Superintendent; John Rasmussen, Water and Light Line Foreman; and Jim Beilke, Clerk/Treasurer.

Approval of Agenda
Agenda items 6(C)(3), Resolution #2006-8, and 6(D)(1), Bauer Haus, LLC, were removed from the agenda. The amended agenda was approved.

Approval of Minutes
Motion by Hammann, seconded by Roberts, to waive the reading of the minutes of the regular meeting for May 9, 2006 and approve them as printed. Motion passed.

Citizen appearances other than agenda items listed - None

Evansville Community Partnership Report
Ald. Wyse reported that ECP is helping the Fourth of July Committee with organizing and planning the Fourth of July events.

Plan Commission Report
Motion by Hammann, seconded by Braunschweig, to adopt Ordinance #2006-10, amending the Municipal Code relative to floodplain zoning. This ordinance would update the city’s floodplain zoning to be consistent with recently revised state standards. Motion passed.

Motion by Hammann, seconded by Sornson, to adopt Ordinance #2006-11, amending the Municipal Code relative to vehicular access restrictions in the B-1, B-2, B-3, B-4 and O-1.

Mr. Connors reported this ordinance would amend the city’s zoning code to repeal the restrictions on the types of streets onto which commercial development may take its vehicular access. In general, the current zoning code requires the commercial development to take its vehicular access onto an arterial street (such as USH 14) or a collector street (such as S. 6th St.), and prohibits commercial development from taking its vehicular access onto local streets (such as Brown School Road). The city has not been enforcing this provision. In place of this provision, Ordinance #2006-11 would enact a requirement that when considering an application to rezone property to the local business district (B-1), central business district (B-2), community business district (B-3), regional business district (B-4), or planned office district (O-1), the Plan Commission and Common Council shall consider whether the proposed zoning district change likely will result in increased vehicular traffic on nearby local streets in areas of existing residential development and whether such increased traffic will have an adverse impact on the existing residential development. In addition, Ordinance #2006-11 would make other technical changes to the rezoning application review process, such as requiring the City Planner to report whether the requested change in zoning is consistent with the city’s comprehensive plan.

Motion passed.

Motion by Hammann, seconded by Sornson, to approve the preliminary land division for R Four Inc., conditioned on approval by Town of Union. Motion passed.

Finance and Labor Relations Committee Report
Motion by Cothard, seconded by Braunschweig, to approve Water and Light bills and authorize their payments of $607,108.79. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Braunschweig, to approve the City bills and authorize their payments of $275,520.15. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Braunschweig, to adopt Ordinance #2006-9, amending the Municipal Code relative to the Common Council’s order of business and rules of procedure.

Mr. Connors distributed the Ordinance #2006-9 as amended by the Finance Committee on June 12, 2006. This ordinance would amend the Common Council’s order of business to allow citizens to appear near the beginning of each Council meeting and address the Council for up to three minutes on any subject, regardless of whether the subject is or is not listed later on the agenda. The city’s current practice is that citizens are allowed to speak at this time only about items not on the agenda. Regarding items on the agenda, the city’s current practice is that citizens are permitted to speak only at the discretion of the presiding officer, unless there is a public hearing. The ordinance also would clarify that city staff are allowed to address the Council when recognized by the presiding officer.

Ald. Sornson raised the issue that the Mayor should have the discretion to allow citizens interaction during any agenda item. The consensus was to give the Mayor the discretion for citizen interaction with the Council. Mr. Connors recommended amendments to the ordinance as noted below.

Motion by Juergens, seconded by Braunschweig, to delete the words on page 1, lines 44 through 45, “Persons present who wish to appear on any matter contained in a committee report may appear at this time;” and words on page 2, line 25, “and (5).” Motion passed

The original motion, as amended, passed.

Motion by Cothard, seconded by Juergens, to approve the Agreement between Rock County and City of Evansville, designating Rock County as its agent to receive all property taxes for which the Taxation district has sent bills. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Sornson, to adopt Resolution #2006-17, amending the adopted 2006 city budget to increase the appropriations for Department of Public Works building improvements and Emergency Medical Services building improvements.

Mr. Connors reported this resolution would appropriate $355,000 to acquire and renovate the building at 535 S. Madison St. as the new location of the Department of Public Works and Emergency Medical Service. Of this $355,000, 80% would be allocated to the Department of Public Works and 20% would be allocated to the EMS. The municipal water and electric utilities would receive $116,200 from the city to compensate them for properties that will be transferred to ADEVCO, LLC as part of this transaction.

Motion passed on a roll call vote. Ald. Wessels, Sornson, Cothard, Roberts, Juergens, and Braunschweig voted in favor. Ald. Wyse and Hammann voted against.

Motion by Cothard, seconded by Braunschweig, to adopt Resolution #2006-18, amending the adopted 2006 city budget to increase the appropriations for sanitary sewer construction and equipment purchases.

Mr. Connors reported this resolution would make appropriations from the Wastewater Treatment Utility Fund for equipment and projects that were included in the five-year capital plan for 2006 through 2010 but which were inadvertently omitted from the capital project fund. This resolution also would increase the appropriation for sanitary sewer replacement in and near the intersection of Main St. and Madison St. from $40,000 to $74,500.

Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Juergens, to adopt Resolution #2006-19, amending the adopted 2006 city budget to increase the appropriations for water main replacement on Madison St.

Mr. Connors reported this resolution would appropriate $457,500 from the Water and Light Utility Fund for replacing the water main under Madison St. from Water St. to Grove St. The five-year capital plan for 2006 through 2010 included $175,000 for replacing the water main under Madison St. from Church St. to Mill St. (C626) in 2006 and $215,000 for replacing the water main under Madison St. from Mill St. to Grove St. in 2008. The adopted 2006 city capital budget inadvertently omitted the $175,000 appropriation for replacing the water main under Madison St. from Church St. to Mill St. The City Engineer and Superintendent of Water & Light recommend expanding the scope of the 2006 water main replacement on Madison St. to include replacing water main between Water St. and Grove St., which would increase the estimated cost of the project from $175,000 to $457,500, including design and construction engineering, pavement patch, and some curb patching.

Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to adopt Resolution #2006-20, amending the adopted 2005 and 2006 city budgets to carry forward and increase the appropriations for City Hall roof replacement and interior renovation.

Mr. Connors distributed Resolution #2006-20 as amended by the Finance Committee on June 12, 2006. Mr. Connors reported the title should be amended by deleting the words “and Interior Renovation.” Mr. Connors reported this resolution would amend the adopted 2005 and 2006 city budgets to carry forward and increase an appropriation for replacing the roof and making other exterior repairs to City Hall. The resolution instructs the city engineer to structure the contract for bid so that only replacing the roof and installing soffit and facia are in the “base contract,” and all other exterior repairs and improvements are to be separate “add-ons.”

Motion by Sornson, seconded by Roberts, to delete the words from the resolution title, “and Interior Renovation.” Motion passed.

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

Motion by Cothard, seconded by Braunschweig, to adopt Resolution #2006-21, declaring official intent to reimburse expenditures from proceeds of borrowing for the acquisition and renovation of 535 S. Madison St. and Madison St. water main replacement projects.

Mr. Connors distributed Resolution #2006-21 as amended by the Finance Committee on June 12, 2006. Mr. Connors reported this resolution would declare the Council’s intent to reimburse expenditures for the acquisition and renovation of the property at 535 S. Madison St. and replacement of the water main under Madison St. from Water St. and to Grove St. from the proceeds of future borrowing. The city did not borrow enough during 2005 to cover the cost of these projects. The city would need to borrow more money later in 2006 or in 2007 to finance these projects and other projects scheduled 2007 and 2008. In the meantime, the city would use cash from its fund balances and retained earnings to pay for these projects until the proceeds of the additional borrowing are received.

Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Juergens, to adopt Resolution #2006-22, making a preliminary declaration of the Common Council’s intent to levy special assessments under municipal police power under § 66.0703, Wis. Stats. Motion passed unanimously on a roll call vote.

Water & Light Committee Report (Taken out of order)
Motion by Cothard, seconded by Sornson, to authorize Evansville Municipal Electric Utility to join WPPI.

Mr. Kopp requested to table this decision until his law firm has had adequate time to respond to the proposed WPPI contact. The consensus was to keep this agenda item tabled until next regular meeting.

Motion by Cothard, seconded by Wyse, to table the motion to authorize Evansville Municipal Electric Utility to join WPPI. Motion passed.

Public Safety Committee Report
Motion by Cothard, seconded by Sornson, to approve Class “B” Beer / “Class B” Liquor application for Ardisson, Gregory P., 217 N. Sixth Street, Evansville WI 53536, d/b/a The Night Owl, 19 E Main Street. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Class “B” Beer / “Class B” Liquor application for Church, Linda A., 555 S. Fifth Street, Evansville WI 53536, d/b/a Pete’s Inn Inc., 14 N Madison Street. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Class “B” Beer / “Class B” Liquor application for Walmer, Craig A., 4724 Coon Island Rd, Evansville, WI 53536, Outlaw Inc., d/b/a Evansville Bowl, 108 E Main Street. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Class “B” Beer / “Class B” Liquor application for Romano, Francesco, 74 N Sixth Street, Evansville WI 53536, d/b/a Romano’s, 50 Union Street. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Class “B” Beer / “Class B” Liquor application for Ringhand, Gordon R., 412 Fowler Cir., Evansville WI 53536, d/b/a VFW Memorial Post #6905, 179 E Main Street. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Class “A” Beer/ “Class A” Liquor License application for Kopecky, James D., 8017 N Ridge Court, Evansville WI 53536, d/b/a Kopecky’s Worldwide Foods, 8 N County M. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Class “A” Beer/ “Class A” Liquor License application for Goodspeed, Bradley N and Sheryl A., 6045 N Eagle Rd., Janesville WI 53548, d/b/a Goodspeed Gas ‘N Go Inc., 350 Union Street. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Class “A” Beer/ “Class A” Liquor License application for Merry, Steven J., 151 Robinson Rd, Oregon WI 53575, d/b/a Francois Oil Co Inc., 230 East Main Street. Motion passed on a roll call vote. Ald. Hammann, Cothard, Roberts, Sornson, Wyse, and Braunschweig voted in favor. Ald. Wessels voted against.

Motion by Cothard, seconded by Juergens, to approve Class “B” Beer License application for Martinez, Francisco S., 16 N. Second Street, Evansville, WI 53536, d/b/a La Tapatia, 1 W. Main Street. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Class “A” Beer License application for Sekhon, Parminder 5753 Lacy Rd, Fitchburg WI 57311, d/b/a Madison Street Express Inc. (All ‘N One), 104 S Madison Street. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve “Class C” Wine License application for Finque, Susan B., 443 S. First Street, Evansville, WI 53536, d/b/a Real Coffee LLC, 18 E. Main Street. Motion passed unanimously on a roll call vote.

Public Works Committee Report
Motion by Hammann, seconded by Sornson, to approve Ordinance #2006-12, amending stop sign locations. This ordinance would establish a four-way stop at the intersection of S. 5th St. and Badger Dr. and a four-way stop at the intersection of 5th St. and Main. St. In addition, this ordinance would provide that 5th St. would no longer be designated as a through highway. Motion passed.

Motion by Hammann, seconded by Sornson, to approve Ordinance #2006-13, amending stop sign locations. This ordinance would establish stop signs stopping northbound and southbound vehicles on Higgins Dr. at the intersection with Badger Dr. Motion passed.

Motion by Hammann, seconded by Sornson, to approve Ordinance #2006-14, amending stop sign locations. This ordinance would change the intersection of S. 6th St. and Vision Dr. from a single stop sign stopping southbound vehicles (this stop sign was authorized but not put in place) to a three-way stop. Motion passed.

Motion by Hammann, seconded by Sornson, to approve Ordinance #2006-15, amending stop sign locations. This ordinance would change the intersection of Brown School Rd. and J. Lindemann Dr. from a single stop sign (the current Municipal Code authorizes a stop sign stopping eastbound vehicles on Brown School Rd., but the stop sign in place stops westbound vehicles on Brown School Rd.) to a three-way stop. Motion passed.

Economic Development Committee Report - None

Evansville Redevelopment Authority Report - None

Parks and Recreation Board Report
Ald. Juergens announced Jeff Farnsworth will be appointed to the Park Board replacing Lauren Scott.

Historic Preservation Commission Report - None

Fire District Report
Ald. Roberts reported the election of officers were Kendall Schneider as President, Dennis Wessels as Vice President, and Fern McCoy as Secretary and Treasurer.

Unfinished Business - None

Communications and Recommendations from the Mayor
Motion by Cothard, seconded by Sornson, to waive the seven-day notice requirement on citizen appointments. Motion passed.

Motion by Braunschweig, seconded by Roberts, to approve the mayoral appointment of Jeff Farnsworth, 125 Garfield Ave., to the Park and Recreation Board, for an unexpired one-year term. Motion passed.

Motion by Braunschweig, seconded by Roberts, to approve Diane Bailly, 680 W Main St., to the Board of Review for an unexpired three-year term. Motion passed.

Motion by Braunschweig, seconded by Roberts, to approve Steve Melanz, 619 Campion Ct., as an alternate to the Board of Review for an unexpired four-year term. Motion passed.

Motion by Braunschweig, seconded by Cothard, to approve Roger Roth, 120 Garfield Ave., to the Redevelopment Authority for an unexpired two-year term. Motion passed.

Motion by Braunschweig, seconded by Cothard, to approve Susan Finque, 443 S First St., as an alternate to the Board of Appeals for a three-year term. Motion passed.

Motion by Braunschweig, seconded by Roberts, to approve Vicki Lecy-Luebke, School District Representative to the Library Board as the designee of the Superintendent of Schools. Motion passed.

Motion by Braunschweig, seconded by Roberts, to approve Susan Kruser, 244 Eager Ct., to the Library Board for an unexpired one-year term. Motion passed.

Motion by Braunschweig, seconded by Roberts, to approve Matt Brown, 333 S Second St., to the Traditional Neighborhood Development (TND) Study Committee. Motion passed.

Motion by Braunschweig, seconded by Roberts, to approve Gil Skinner, 263 Garfield Ave., to the TND Study Committee. Motion passed.

Motion by Braunschweig, seconded by Cothard, to approve Gwen Walker, 349 S First St., to the TND Study Committee. Motion passed.

Motion by Braunschweig, seconded by Cothard, to approve Alderperson Bill Hammann, 250 Eager Ct., to the TND Study Committee. Motion passed.

Communications and Recommendations from the City Administrator - None

New Business - None

Introduction of New Ordinances
Ald. Cothard presented the first reading of Ordinance 2006-16, amending the Municipal Code relative to window signs [sponsored by Alderperson Hammann and Alderperson Braunschweig]. This ordinance would permit signs to be placed on the insides of windows showing outward without a sign permit, subject to certain limits on the total amount of indoor signage. Currently, the Municipal Code prohibits all indoor signs, although it appears this never was the intent of the Common Council.

Ald. Cothard presented the first reading of Ordinance 2006-17, amending the Municipal Code relative to authorizing an application fee for specified comprehensive plan amendment applications [sponsored by Alderperson Hammann and Alderperson Braunschweig]. This ordinance would authorize the Common Council to establish a fee for applications to amend the future land use maps in the city’s Smart Growth Comprehensive Plan if the application is made by someone other than the Plan Commission, Mayor, or Common Council. The amount of the fee would be established by a separate resolution.

Ald. Cothard presented the first reading of Ordinance #2006-18, amending Municipal Code relative to the effective date of appointments to committees, commission, and boards [sponsored by Ald. Cothard and Ald. Juergens]. This ordinance would provide that all committee appointments are effective and terminate on the third Tuesday in April. Currently, some appointments are effective and terminate on May 1, even though the terms of alderpersons begin and end on the third Tuesday in April.

Ald. Cothard presented the first reading of Ordinance #2006-19, amending Municipal Code relative to appointments of trustees of the Evansville Fire Protection District [sponsored by Ald. Roberts and Ald. Wyse]. This ordinance would add text to the Municipal Code to codify the city’s current practice for selecting alderpersons to represent the city on the board of the Evansville Fire Protection District.

Adjournment.
Motion by Hammann, seconded by Braunschweig, to adjourn the meeting at 8:15 PM. Motion passed.


Prepared by:
James Beilke
City Clerk/Treasurer

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