Minutes; Evansville Common Council : August 8, 2006

Common Council
Regular Meeting
Tuesday, August 8, 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, Roberts, Hammann, Cothard, Sornson, Juergens, Braunschweig, and Wessels. Staff present: Mark Kopp and Mark Schroeder, City Attorneys; David Wartenweiler, Public Works Director; Art Phillips, Police Lieutenant; Kathy Buttchen, Assistant EMS Coordinator; Tim Schwecke, City Planner; Scott George, Water and Light Superintendent; and Jim Beilke, Clerk/Treasurer.

Approval of Agenda
Agenda items 7(B), Amend Official Map, and 13(D), Ordinance #2006-29, were removed from the agenda. Agenda items 9(E)(4), TID No. 6; 9(E)(5), TID No. 7; and 9(E)(6), Attorney and Engineer expenses, were placed after 7(A), Reconvene to open session. Agenda item No. 5, Brett Davis, would be addressed when Mr. Davis arrived at this meeting. The amended agenda was approved.

Approval of Minutes
Motion by Cothard, seconded by Braunschweig, to waive the reading of the minutes of the regular meeting for July 11, 2006 and approve them as printed. Motion passed.

Closed Session
Motion by Cothard, seconded by Sornson, to convene into closed session pursuant to Sec. 19.85(1)(e) Wisconsin Statutes for deliberation or negotiation of public funds for potential commercial/industrial development. Motion passed unanimously on a roll call vote at 6:35 PM.

Reconvene to open session
The Council reconvened into open session at 7:15 PM and discussed a possible suitable use designation for TID 6. The Plan Commission approved an industrial type designation for TID No. 6. Now, the consensus was to change the industrial type designation for TID No. 6 to a mixed-use designation.

Motion by Hammann, seconded by Juergens, to change the suitable use designation for TID No. 6 from industrial type to a mixed-use. Motion passed.

Motion by Hammann, seconded by Braunschweig, to approve the proposal for professional services to revise TID No. 6 from an industrial type designation to a mix-use designation. Motion passed unanimously on a roll call vote.

Motion by Hammann, seconded by Roberts, to approve proposal for professional services to create TID No. 7. Motion passed unanimously on a roll call vote.

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 for industrial development related to TID No. 7 with monthly expenditure reports for the Finance and Labor Relations Committee. Motion passed unanimously on a roll call vote.

Citizen appearances - None

Evansville Community Partnership Report - None

SOLE Committee
Gilbert Wiedenhoeft, 256 W. Main St., reported the Committee found the plans for Lake Leota’s dam and is working with the Department of Natural Resources for their approval to cut a “V” notch in the dam.

Dean Community Center Advisory Committee (youth program operated by the Janesville YMCA)
Don Clark from Janesville YMCA reported the Evansville Youth Center wants to leave Dane County YMCA. Council advised they would need to present their amends to the Finance and Labor Relations Committee.

Plan Commission Report
Motion by Hammann, seconded by Braunschweig, to adopt Ordinance #2006-16, amending the Municipal Code relative to window signs. Motion passed.

Motion by Hammann, seconded by Braunschweig, to approve the division of a two-lot division off of Exchange Street as shown on the preliminary CSM, 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. Ald. Hammann reported that the City has been in negotiations with Adevco, LLC, to exchange real estate. To complete the exchange, the subject property off of Exchange Street needs to be divided. This division carves out one lot with the city well on it and the other lot with the city garage. Using a letter distributed by the City Planner, Council reviewed the eight criteria for land divisions and reported on their findings on the four factors listed in the eighth criteria: (1) local services would not be adversely affected, (2) natural environment would not be adversely affected, (3) wild life and habitat would not be adversely affected, and (4) public health and safety would not be adversely affected.

Motion by Hammann, seconded by Braunschweig, to include Council’s findings on each of the four factors. Motion passed.

The original motion, as amended, passed.

Motion by Hammann, seconded by Braunschweig, to approve the division of a two-lot division off of Brown School Road as shown on the preliminary CSM, 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, including in the motion the four positive findings of public interest. Council reported this land is currently undeveloped, and this division would promote better use of land and infill. Council reviewed the eight criteria for land divisions and reported on their findings on the four factors listed in the eighth criteria: (1) local services would not be adversely affected, (2) natural environment would not be adversely affected, (3) wild life and habitat would not be adversely affected, and (4) public health and safety would not be adversely affected. Motion passed.

Common Council discussed their obligation per Wisconsin State Statutes to review the next agenda item after the Plan Commission recommended denial.

Motion by Hammann, seconded by Braunschweig, to approve the division of a two-lot division off of West Main Street Road as shown on the preliminary CSM, 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 (Plan Commission recommended denial). Council reviewed criteria No. 6, consistency with neighborhood plan or sub-area plan. The land has only a garage and driveway on it, which is not consistent with the neighborhood or our code. Additionally, the proposed lot 1, zoned R-2, abuts a subdivision where duplexes are not allowed. The proposed lot 1 is zoned for a duplex, and that would not be a good fit with the adjacent subdivision where duplexes are not allowed. The City Planner noted, currently, the City of Evansville does not have neighborhood plan for this area. Additionally, zoning for both proposed lots permits a single-family house or duplex. Finally in regards to the lot with only a garage, this land division would not make the situation worse. Rolland Probst, the applicant for this land division, reported his plans are to attach proposed lot 2 to the adjacent east lot, and he has no plans for the proposed lot 1 at this time. Attorney Kopp suggested to amend the motion to include positive findings in this land division.

Motion by Hammann, seconded by Braunschweig, amending the motion to include the language of the positive findings listed in the City Planner’s letter. Motion passed.

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

Mayor Decker gave an update on the status of the Intergovernmental Committee. The Committee will be composed of three specified Union Township representatives and three specified City of Evansville representatives. Council approved the resolution creating this committee in July and is waiting for the Town of Union to approve their resolution. Currently, the Town is refining their draft resolution. When they are done refining and approve their resolution, Council will elect members for this committee.

Mr. Schwecke presented the Landowner-initiated comprehensive plan amendment, Phil Maas applicant (Application #2006-15). The Maas property is currently designated as agricultural/underdeveloped on the interim future land use map and on the future land use map it is shown as a location for future urban residential (walkable neighborhood) development. But the Maas property was left off of the Interim Future Land Use Map in an effort to control the rate of residential development in the city. This amendment does not automatically mean development of a residential subdivision on the Maas property. The landowner and developer would need to petition for annexation into the city, and the Common Council could refuse to grant annexation at this time. The applicant submitted an application to amend the interim future land use map to show the subject property as walkable neighborhood and neighborhood activity center so as to be consistent with the future land use map. The Plan Commission recommended passing this ordinance on a vote of 4-3. This project would push projected growth rates over target, assuming all other previously approved development projects built out.

The developer for this project, Mr. John Morning reported that currently residential development in Evansville is following a fairly conventional approach. Development of the subject property would create a type of housing not currently available in the city and would help to meet some key objectives in the city’s comprehensive plan. If this ordinance is approved, this would allow him to review all the development issues, and he would work with the city for win-win answers to all the issues. He is anticipating developing 90-100 lots over a period of five to eight years. Tonight, he is not asking to create lots, but the opportunity to review the development issues. He will move forward with this project only if it has a positive impact on the city.

Council discussed infrastructures, current developers agreements, and traffic connectivity on the west side of the city.

Mayor Decker opened the public hearing at 8:33 PM. The following people appeared before council and spoke against this ordinance:
Mark Schnepper, 547 S. Sixth Street
Elaine Strasburg, 16826 W. County C
Jim Brooks, 563 S. Sixth Street
Ayn Steinlein, 243 E. Main Street
Michael Pierick, 126 Grove Street
Matt Rohloff, 15903 W County C
Kendall Schneider, Town of Union Chairperson
Diane Skinner, 263 Garfield Avenue
Kelly Czerwonka, 215 Campion Drive
Matt Gaboda, 552 S. Sixth Street

Mayor Decker closed the public hearing at 8:50 PM.

The Council discussed that the Interim Future Land Use Map shows anticipated future development during the first 10 to 15 years after adoption of the plan. The long-term Future Land Use Map shows anticipated development more than 10 to 15 years after adoption of the plan, which is what the city wants to be in the future. The Smart Growth Plan is the city’s plan to move from the Interim Future Land Use Map to the long-term Future Land Use Map. The Council had to balance many of the same issues when they wrote the Smart Growth Plan. Balancing these issues for the Smart Growth Plan was very complex and difficult.

The Council reviewed how they must balance the intertwined issues of business interests, accelerating residential growth rate, importance of agriculture land, economic development, traffic connectivity, citizens’ interests, developers’ interests, impacts on municipal services, city’s demographics, city’s housing plan, concerns from the school district, and goals of the Smart Growth Plan. Balancing these issues is still very complex and difficult. For example, the Council discussed the traffic concerns in this area and how, currently, traffic must drive through the downtown when traveling north to Madison. If the area was developed, the traffic going to Madison from the Westside of the city could be routed away from the downtown, which is a goal of the Smart Growth Plan. Satisfying this traffic goal would violate the Smart Growth Plan’s goal of controlling the city’s growing population because this new subdivision would push the city’s available lots for new homes over its cap for the next 10 years. From tonight’s public hearing, other public input, and the Smart Growth survey, more than 90% of the citizens expressed concerns about accelerating the growth rate in the city’s population. The consensus was the negative impacts from this ordinance out weight the public benefits.

Motion by Cothard, seconded by Hammann, to call the question. Motion passed.

Motion by Hammann, seconded by Braunschweig, to adopt Ordinance #2006-20, amending the interim future land use map contained in the City’s Comprehensive Plan in response to development application 2006-15, amending the document on page 1, line 31 by replacing the “(d)(4)” with (4)(d).” The motion failed unanimously on a roll call vote.

Common Council recessed at 9:17 PM and reconvened at 9:29 PM

Grant Application (Mr. Davis arrived after break)
Brett Davis reported on status of Main Street Department of Transportation Enhancement Grant Application. The City of Evansville scored in the top 25% of all applications and is in a very good position to win a grant. There is about $9.2 million dollars in this Federal grant program. The Federal Government funds 80% of the approved projects, and local governments would need to fund 20%.

Council then continued to review the next amendment to the City’s Smart Growth Comprehensive Plan. John Gishnock presented the landowner-initiated comprehensive plan amendment, Kurt Kamholz applicant (Application #2006-16). The subject property currently contains a single-family residence and an out building that are part of a former farmstead. A barn and other farm related buildings are immediately to the east on an adjoining parcel. Both the interim future land use map and future land use map show this parcel and the immediate area as Townhouse/Alternative Housing/Two-Family Residential. He is requesting the city to amend the interim future land use map by showing the subject parcel as rural residential. There would be no change to the future land use map. Mr. Gishnock would live on the parcel and establish a home occupation for a small-scale landscape design business.

Mayor Decker opened the public hearing at 9:42 PM and closed the public hearing at 9:43 PM.

Motion by Hammann, seconded by Braunschweig, to adopt Ordinance #2006-21, amending the interim future land use map contained in the City’s Comprehensive Plan in response to development application 2006-16, amending the document on page 1, line 34 by replacing the “(d)(4)” with (4)(d).” Motion passed.

Mr. Schwecke presented the city-initiated comprehensive plan amendment (Application #2006-21). The subject property is currently designated as existing light industrial on the interim future land use map and the future land use map. It is zoned I-1, Light Industrial. The city wants to amend the both the interim future land use map and future land use map to show the subject property as governmental/institutional.

Mayor Decker opened the public hearing at 9:46 PM and closed the public hearing at 9:47 PM with no one appearing.

City Attorney Kopp recommended the Council table this agenda item until the City has the final purchase agreement.

Motion by Braunschweig, seconded by Wessels, to table the motion to adopt Ordinance #2006-22, amending the interim future land use map and future land use map contained in the City’s Comprehensive Plan in response to development application 2006-21 until the next regular Council meeting.

Mr. Schwecke presented the city-initiated comprehensive plan amendment (Application #2006-22). The subject property is currently designated as governmental/institutional on the interim future land use map and the future land use map. It is zoned I-1, Light Industrial. The northern half of this city-owned parcel is to be sold and will be used for industrial purposes consistent with the requirements of the zoning district. The city wants to amend the both the interim future land use map and future land use map to show the northern half of the subject property as industrial

Mayor Decker opened the public hearing at 9:49 PM and closed the public hearing at 9:50 PM with no one appearing.

City Attorney Kopp recommended the Council table this agenda item until the City has the final purchase agreement.

Motion by Juergens, seconded by Braunschweig, to table this motion to adopt Ordinance #2006-23, amending the interim future land use map and future land use map contained in the City’s Comprehensive Plan in response to development application 2006-22 until the next regular Council meeting.

Mr. Schwecke presented the city-initiated comprehensive plan amendment (Application #2006-23). A portion of the subject property is currently designated on the future land use map as walkable neighborhood and as townhouse/alternative housing/two-family residential. The city wants to amend the future land use map to show those areas as agricultural/undeveloped because this area is not readily serviceable with city water and sewer and the city’s comprehensive plan should recognize that fact.

Mayor Decker opened the public hearing at 9:56 PM and closed the public hearing at 9:57 PM with no one appearing.

Motion by Hammann, seconded by Juergens, to adopt Ordinance #2006-24, amending the future land use map contained in the City’s Comprehensive Plan in response to development application 2006-23, amending the document on page 1, line 34 by replacing the “(d)(4)” with (4)(d).” Motion passed.

Finance and Labor Relations Committee Report
Motion by Cothard, seconded by Roberts, to approve Water and Light bills and authorize their payments of $644,153.04. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Juergens, to approve the City bills and authorize their payments of $304,442.28. Motion passed unanimously on a roll call vote.

The motion to adopt Resolution #2006-8 remained on the table because the new youth center was not completed.

Motion by Cothard, seconded by Roberts, 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. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Resolution #2006-31, amending the adopted 2006 city budget to increase the appropriation for 10-5114-740, Tax Refunds. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Roberts, to approve Resolution #2006-33, amending the Adopted 2006 City Budget to Increase the Appropriation for the Pool/Park Store Maintenance Expenses in the amount of $5,475. Motion passed unanimously on a roll call vote.

Motion by Cothard, seconded by Juergens, to contact Public Administration Associates, LLC (PAA) for their service to find candidates for the city administrator position. Motion passed unanimously on a roll call vote.

Ald. Cothard led the discussion regarding temporary budget preparation assistance. Jennifer Petruzzello has agreed to assist city staff with the 2007 budget on an as needed basis for $35 per hour.

Motion by Cothard, seconded by Braunschweig, to hire Jennifer Petruzzello to assist staff with the 2007 budget on an as needed basis for $35 per hour. Motion passed unanimously on a roll call vote.

Mayor Decker reported on the status of Mezera federal lawsuit. Allegedly, a police officer violated the Drivers License Information Protection Act. The city’s insurance company will defend the city and the police officer. Attorney Mark Hazelbaker from Hazelbaker & Associates, S.C. will be representing the city and police officer.

Public Safety Committee Report - None

Public Works Committee Report
Motion by Hammann, seconded by Sornson, to approve Resolution #2006-35, documenting review of the completed Compliance Maintenance Annual Report (CMAR) and indicating action to be taken to prevent effluent limit violations. Motion passed.

Because the bid for the West Side Park Grading and Seeding project and the bid for the City Hall Roof Replacement and Exterior Upgrades project were within their budgets, no actions were necessary.

Water & Light Committee
Motion by Cothard, seconded by Sornson, to approve Water Rate Case application to the Public Service Commission of Wisconsin (PSCW) to increase water rates. A preliminary draft report from Virchow Krause Company LLC shows the need to increase water rates 34% to ensure the city’s ability to provide adequate and safe water. Motion passed.

Economic Development Committee Report - None

Evansville Redevelopment Authority Report - None

Parks and Recreation Board Report
Ald. Juergens reported the Skate Club is willing to place the stake board equipment on the current tennis court surface. They will see how the current surface holds up before deciding if a further improvement is necessary. The fence at Countryside Park was removed to make the park more inviting. Safety issues were discussed. Finally, he reported the circus is coming to town on August 21st.

Historic Preservation Commission Report - None

Fire District Report - None

Unfinished Business - None

Communications and Recommendations from the Mayor
Motion by Hammann, seconded by Braunschweig, to approve Resolution #2006-32, commending William Connors for his years of service as the administrator for the City of Evansville. Motion passed.

New Business - None

Introduction of New Ordinances
Ald. Cothard read the first reading of Ordinance #2006-26, amending stop sign locations [sponsored by Ald. Sornson and Ald. Hammann]

Ald. Cothard read the first reading of Ordinance #2006-27, amending the Municipal Code by specifying that land uses not listed in Article V of the Zoning Code are prohibited [sponsored by Ald. Braunschweig and Ald. Hammann]

Ald. Cothard read the first Cothard read the first reading of Ordinance #2006-28, amending the future transportation map contained in the City’s comprehensive plan in response to application 2006-27 [This is an applicant-initiated ordinance]

Adjournment
Motion by Braunschweig, seconded by Wessels, to adjourn the meeting at 10:25 PM. Motion passed.

Prepared by:
James Beilke
City Clerk/Treasurer

These minutes are not official until approved by Common Council at the next regular meeting.