Evansville Common Council--June 12, 2007

Common Council
Regular Meeting
Tuesday, June 12, 2007, 6:30 p.m.
City Hall, 31 S. Madison Street, Evansville, WI

Minutes – Draft

Mayor Decker called the meeting to order at 6:00 PM. Present were: Mayor Decker; Alderpersons; Roberts, Jacobson, Cothard, Sornson, Juergens, Braunschweig, and Wessels, and Wyse. Staff present: Dan Wietecha, City Administrator; Mark Kopp, City Attorney; and Sandra Lindemann, Deputy Clerk.

Approval of Agenda
Motion by Juergens, seconded by Roberts to approve the agenda as printed. Motion by Braunschweig, seconded by Roberts, to approve with the following amendment at 8F with the following portion starting with, “with the stipend of $ ”, be stricken because it was tabled at Finance due to time constraints. Mayor Decker clarified by stating “8F on page four of the agenda to remove the words “with a stipend of $ .” With no more changes to the agenda, Mayor Decker asked for the motion to approve the agenda again. Braunschweig so moved to approve. Motion carries.

Approval of Minutes
Motion by Braunschweig, seconded by Roberts, to waive the reading of the minutes May 8, 2007 Regular meeting and the May 10, 2007 Special meeting and approve them as printed. Motion carries.

Citizen appearances - None

S.O.L.E. Committee Report – Gil Wiedenhoeft reports that the committee scheduled a meeting Wednesday night at the Eager Free Library at 6 p.m. to discuss a recommendation for the next step for the Lake Program. S.O.L.E. Group has not met to approve the report and the group would be taking any recommendation to Park Board, Public Works and regular Council. Gil understands that an effort is being made by Public Works to cut the weeds on the lake Monday. The committee needs to open the ditch to the creek in the spring for the lake to drain better. Anyone who would like to volunteer to supply shovels and boots would help.

ECP Report – John Decker, 143 W. Main Street, states he distributed a written report to the council members and copies are on the staff table. The Fourth of July activities are summarized in the flyer that is attached to council materials. Additional copies for the public will be left on the staff table. The Fourth of July parade is open to everyone without fee to the participants, however, there is a registration required. Copies of the registration form need to be filled out and returned to the ECP/Chamber of Commerce office on West Main Street before the parade. There will be a meeting tomorrow night at 7:00 at the ECP office of the Evansville Community Partnership Board and membership.

Plan Commission Report
Motion by Braunschweig, seconded by Cothard to approve final CSM for Rolland Propst (Application 2007-4). Alderperson Braunschweig states this failed at Plan Commission and comes to Council regardless because it is a citizen initiated land division. There was some question as to whether a mistake was made in regards to Mr. Propst being issued a building permit for a garage. Council members can refer to the CSM in Council packet. Without further investigation, it is impossible to tell whether the mistake was made on the behalf of the city or the applicant as the address may have been indicated incorrectly or mistakenly issued at this time. The Plan Commission denied this on a failure of a second on the motion. Pursuant to the required Plan Commission findings, it was found by the four members of the commission that were in attendance at last night’s meeting, it was not consistent with the zoning code, not consistent with the neighborhood plan and not in the public interest which was noted by the attendance in opposition by three neighbors. Braunschweig believes that the Plan Commission or the City cannot meet a non-conforming land use via a land division on our vote.

Mayor Decker reported that Tim Schwecke, city planner did call her this afternoon. One of the questions raised was whether there is any requirement for a hard surface driveway. In reviewing the zoning code he found there is no requirement in the zoning code as a point of information.

Mayor Decker asked for the City Attorney’s opinion on this. Attorney Kopp commented that he had no knowledge on the application in question. Mr. Braunschweig re-iterated that the only difference in this land division from the previous application was that they are calling one half of it an Outlot, rather than a lot, so it is lot one and lot two. Braunschweig was informed by the Public Works Director and tentatively agreed upon by the planner that the city cannot create this non-conforming land use via a decision by the Council. Braunschweig did not see the difference; nothing was brought to the commission stating there was a difference, only that it used the term Outlot instead of lot 2. The city attorney asked if this was addressed last year. He then recalled the application stating the philosophy had not changed with this application. Mr. Braunschweig states the easiest route would have been for the existing principal lot, which is the Fifth Street address, to absorb the lot that was there with the ancillary building on it. That would have been completely fine as it would not have created a non-conforming land use. Unfortunately, the circumstances of the applicant does not allow for that because it is a condominium and the owner did not want to do it that way. City attorney stated that it is the same issue addressed in the past.

Ryan Combs suggested placing a deed restriction on the Outlot stating that it can only be sold with Unit B of the condominium. That would section the one parcel and would not be different than saying the house on lot 2 and 3 of the original plat. The city planner came up with the Outlot. Mr. Combs stated Mr. Probst would be agreeable to the deed restriction.

The City Attorney pointed out the city could be subject to legal error, and suggested tabling this. Alderperson Wyse mentioned the time limit was added so that council could not slow the developer down. He stated that what the city is offering by tabling this you would not have the added cost of reapplying and would give some time to make sure everything was straight. If there are underlying issues you want to move on because we are delaying something you want to do once this is approved, that is different. If your concern is that if we need to do this process again it is going to cost you more and I think the council is trying to make an effort to see that that doesn’t happen. Attorney Kopp confirmed that it is to make sure that the process works. Propst consented to tabling it. With no more discussion, the Mayor entertained another motion. Motion by Braunschweig, seconded by Wessels, to table the previously made motion.

Alderperson Wyse asked for clarification as to when we are tabling this. Braunschweig states once it is on the table it is on the table and then removed. Motion carries.

Motion by Juergens, seconded by Roberts, to approve extraterritorial land division for Charles and Dolores Rohloff (Application 2007-12). Braunschweig stated this is in the Town of Union. Motion carries.

Finance and Labor Relations Committee Report

Motion by Cothard, seconded by Braunschweig, to approve W&L bills and authorize their payment in the amount of $696,058.43. Motion carries.

Motion by Cothard, seconded by Braunschweig, to approve the City bills and authorize their payment in the amount of $284,570.64. Motion carries.

Motion by Cothard, seconded by Braunschweig, to approve Resolution #2007-27, Borrowing $1,918,000 from State Trust Fund for financing roads and infrastructure for business park in TID #7. Braunschweig mentioned that this is part of the overall financing plan that we had went through and approved with Ehlers back in April, and that this was for the Biodiesel Plant. Motion carries.

Motion by Cothard, seconded by Juergens, to approve Resolution #2007-28, Borrowing $500,000 from State Trust Fund for financing the renovation of Main Street area in TID #5. Motion carries.

Motion by Cothard, seconded by Braunschweig, authorizing city representatives to negotiate up to $ for proposed Fire District land purchase. Braunschweig asked if there was a amount. The City Administrator states the amount was $170,000. Braunschweig agreed, but we only have 51 or 52 percent and not the whole thing. City Administrator believes the motion could accurately be read that this is just not the city portion of the land purchase and we would be 51 percent of that. Roberts asked for confirmation of the dollar amount as $170,000. Motion by Cothard, seconded by Braunschweig, authorizing city representatives to negotiate up to $170,000 for proposed Fire District Land Purchase. Cothard questioned the wording of the motion. Wessels stated the Fire District already has acquired the funds. Mayor Decker had a subsequent conversation with the chief. This amount is for the entire parcel, including the additional acreage. Jacobson stated originally there was four acres being sold for $160,000, with an additional 10 acres offered at a price of $2,000 each, so the total price was reduced $10,000 with the increase in acreage. Sornson asked for the City Attorney’s advice on the wording of the motion.

Motion by Cothard to amend the original motion, seconded by Braunschweig to add the language “a total of $170,000” and “with the city’s financial responsibility to be determined.” Motion carries.

Mayor Decker called for the main motion, Motion authorizing city representatives to negotiate up to a total of $170,000 for proposed Fire District land purchase, with the city’s financial responsibility to be determined. Motion carries.

Motion by Cothard, seconded by Braunschweig, to renew property insurance in the Local Government Property Insurance Fund (Resolution 2007-24). Juergens questioned if this was just a continuation of the present situation or is the situation changing. City Administrator states that part of it is the annual renewal and rest is because of switching to an electronic format, and their auditors want new papers to make sure there is nothing missing in the file. Motion carries.

Motion by Cothard, seconded by Roberts, to approve Resolution #2007-25, Memorializing the Separation of the Offices of City Clerk and Treasurer. Motion carries.

Motion by Cothard, seconded by Roberts, to approve new organizational chart for city offices. Juergens asked for clarification as to why the Deputy Clerk is reporting to the Finance Director and Treasurer and not to the clerk. City Administrator clarified the reorganization was to streamline the offices to work more efficiently, with everyone reporting to the Finance Director/Treasurer in the day-to-day operation, and where there are instances for a back-up the Deputy Clerk would report to the Clerk. Mayor Decker also stated that there currently is not a back-up for our personnel person and would make this person able to perform those tasks of that position should it become necessary. Motion carries.

Cothard presented the update on advertising, interviewing and hiring of new city clerk. City Administrator stated that applications were accepted through June 8. The city received a total of 41 applications. The applications were narrowed down to 10, with one dropping out because of accepting another position. Interviews will be conducted this week and finishing the middle of next week.

Cothard presented discussion on draft of employee handbook. The Finance Committee was not able to review this because of time constraints. Braunschweig stated that this would be discussed at the July Finance/Labor Committee meeting. City Administrator stated that this was a draft for discussion at this point and if there are any questions or comments to get them to him before next month. It has not been updated since 1998.

Public Safety Committee Report
Motion by Roberts, seconded by Braunschweig, to approve four tax return intercepts totaling $2,027.94 for unpaid EMS bills. Juergens asked for clarification. City Attorney states that this was a collection method where if you have statutory authority you can acquire someone’s tax return. The child support office utilizes this all the time to get child support. Sornson spoke with Coordinator Beaver about this and it is only the State return that they can go after. Motion carries.

Noting that several of the contingencies had been satisfied since the Public Safety meeting, Mayor Decker asked that all but 2B should be removed.

Motion by Roberts, seconded by Juergens, to approve Class “B” Beer/“Class B” Liquor applications for VerKuilen, Stephen D., and Meredith, Julie A., 14357 W Golf Air Drive, Evansville, WI 53536; 233 Franklin St, Evansville WI 53536, d/b/a The Exchange, 147 Exchange Street (correct address is 193/195 S. Union Street, Evansville WI 53536. Sornson read state statutes regarding public safety. Sornson states that he is concerned that this business can do anything they want after approval and was brought up at Plan Commission. Braunschweig questioned why the concerns with the license were not dealt with at Public Safety. Wessels stated that he and John opposed it, but he wanted the whole council to have the opportunity to act on the matter. Mayor Decker stated that the fact of the matter is the liquor license goes with the business entity, not with the physical building. Sornson asked for clarification if the business would sell out, what would happen to the license if the present owner keeps their license. Cothard stated that they could sell their business with the license. The city council still has the power to review the license to see that the license is valid. What the licensee does with the license once they get it is their business. If they buy the business from anyone else they can run it within the state’s legal hours. Mayor Decker pointed out that the point of this discussion is not appropriate for this motion. She then called for the motion. Motion carries 6-2. Wessels and Sornson opposing.

Motion by Roberts, seconded by Juergens, to approve Class “B” Beer/“Class B” Liquor applications for Ardisson, Gregory P., 217 N Sixth Street, Evansville WI 53536, d/b/a The Night Owl Food & Spirits Inc., 19 E Main Street, Evansville WI 53536. Alderperson Cothard abstained. Motion carries 7-0.

Motion by Roberts, seconded by Wessels, to approve Class “B” Beer/“Class B” Liquor applications for Church, Linda A., 555 S. Fifth Street, Evansville WI 53536, d/b/a Pete’s Inn Inc., 14 N Madison Street, Evansville WI 53536. Motion carries.

Motion by Roberts, seconded by Sornson to approve Class “B” Beer/“Class B” Liquor applications for Walmer, Craig A., 10901 N East Union Road, Evansville, WI 53536, Outlaw Inc., d/b/a Evansville Bowl, 108 E Main Street, Evansville WI 53536, contingent upon passing a re-inspection by Rock County Health Department. Barbara Jacobson mentioned that the business was up for sale and raised the question again, if sold, what happens to the license. Mayor Decker confirmed that the license stays with him. Motion carries.

Motion by Roberts, seconded by Juergens, to approve Class “B” Beer/“Class B” Liquor applications for Romano, Francesco, 74 N Sixth Street, Evansville WI 53536, d/b/a Romano’s Pizza, 50 Union Street, Evansville WI 53536. Motion carries.

Motion by Roberts, seconded by Sornson, to approve Class “B” Beer/“Class B” Liquor applications for Ringhand, Gordon R., 412 Fowler Circle, Evansville WI 53536, d/b/a Veterans of Foreign Wars Memorial Post #6905, 179 E Main Street, Evansville WI 53536. Motion carries.

Motion by Roberts, seconded by Juergens, to approve Class “A” Beer/“Class A” Liquor License applications for Kopecky, James D., 8017 N Ridge Court, Evansville WI 53536, d/b/a Kopecky’s Worldwide Foods, Inc., 8 N County M, Evansville WI 53536. Roberts stated that there was some question as to the address of North Ridge Court. City Administrator stated that it is off of County M and is a valid address. Motion carries.

Motion by Roberts, seconded by Sornson, 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, Evansville WI 53536. Motion carries.

Motion by Roberts, seconded by Sornson, to approve Class “A” Beer/“Class A” Liquor License applications for Merry, Steven J., 151 Robinson Rd, Oregon WI 53575, Francois Oil Co Inc., 128 W Main Street, Belleville WI 53508 d/b/a Grove Quik Mart, 230 East Main Street, Evansville WI 53536. Motion carries.

Motion by Roberts, seconded by Sornson, to approve Class “B” Beer License for Tort, Alejandro F., 1808 Ontario Drive, Janesville WI 53545, d/b/a La Trattoria LLC 1 W Main Street, Evansville WI 53536. Motion carries.

Motion by Roberts, seconded by Sornson, to approve “Class C” Wine license approval for: Tort, Alejandro F., 1808 Ontario Drive, Janesville WI 53545, d/b/a La Trattoria LLC 1 W Main Street, Evansville WI 53536. Motion carries.

Motion by Roberts, seconded by Sornson, to approve “Class C” Wine license approval for: Finque, Susan B., 443 S. First Street, Evansville, WI 53536, d/b/a Real Coffee LLC, 18 E. Main Street, Evansville WI 53536. Motion carries.

Motion by Roberts, seconded by Sornson, to approve Class “A” Beer License approval for: Sekhon, Parminder K. 2644 Granite Road, Fitchburg WI 53711, d/b/a Madison Street Express Inc. (All ‘N One), 104 S Madison Street, Evansville WI 53536. Jacobson mentioned to correct the zip code from 57311 to 53711. Motion carries.

Public Works Committee Report

Motion by Braunschweig, seconded by Cothard, to approve allowing Public Works Superintendent to install parallel parking signs along West Main Street during construction. Motion carries.

Water & Light Committee Report - None

Economic Development Committee Report - None

Redevelopment Authority Report - None

Parks and Recreation Board Report
Alderperson and chair Fred Juergens reported because of the condition on the stone walls on Allen Creek and Lake Leota, the Park Board invited two people from the Dry Stone Conservancy to come and make a recommend for our Lake and we expect a report within the next month or so.

Historic Preservation Commission Report - None

Fire District Report

Motion by Wessels, seconded by Braunschweig, to approve sale of current Fire Station and adjacent lot. Wyse questioned if the District had a buyer or if this approval is so that we can try to sell the lot. Mayor Decker stated that the Fire District requested a joint meeting of all of the township boards and council. If you recall the meeting date was June 21. One of the townships was unable to meet that evening so they changed it to June 25. We are trying to make sure that we have a quorum that Monday, and if not, that they can continue their business. The district is looking for more direction from the council in order to proceed with selling the fire station and the additional lot as part of their discussion of purchasing this other land. Hopefully, all or most of the council can be there that evening. They are not looking for a specific price but more direction on how to proceed. The meeting is Monday, June 25, 2007 at 7:00 p.m. at the Fire Station. Motion carries.

Police Commission Report

Motion by Braunschweig, seconded by Roberts, to approve Resolution # 2007-26, Amending the 2007 Budget for Police Commission Legal Expenses. Roberts has asked if the dollar amount was mentioned at Finance. Braunschweig stated that it was in the resolution. City Administrator stated that the resolution was written before the dollar amount was established. Braunschweig stated the amount was $25,000. Mayor Decker stated that it is up to $25,000. Juergens questioned who was the legal counsel. City Administrator and Braunschweig stated that it would most likely be Bob Krohn, who they have had in the past. We cannot name that person, as that action of appointment will be later by the Police Commission. Braunschweig said that at Finance, Police Commission members that includes Wally Shannon, who is in attendance tonight, came to explain that a complaint had been directly filed to the Police Commission pursuant to their procedures. They have to have a hearing. They need counsel for the Police Commission, a hearing examiner, who knows the ins and outs of the rules of evidence, as they would be used during this hearing and a court reporter because there is a potential for appeal that would go directly to the Circuit Court. They made a thorough explanation as to why these things were needed. Sornson questioned what the $40,000 was for. Mayor Decker stated that the $40,000 is the budgeted amount used for general monthly services. Motion carries.

Unfinished Business

Roberts presented, seconded by Braunschweig, to approve the second reading of Ordinance #2007-4, Allowing Artisan Studios in Certain Districts provided Certain Standards are met. Mayor Decker questioned why council was not making a motion to approve. Roberts motioned to amend the motion, seconded by Cothard, to amend to add a motion to approve after second reading of. Wessels states there is no reference to where they must have approval from their neighbor to be going into retail or even a small business. Braunschweig clarified they are on the amendment. Mayor Decker called for the motion to amend. Motion carries.

Main motion second reading of and motion to approve to approve Ordinance #2007-4, allowing Artisan Studios in Certain Districts provided Certain Standards are met. Braunschweig questioned if the public hearings have been made and City Administrator confirmed. Mayor Decker stated the Public Hearing was last night. Wessels added it has to be with the neighbor’s approval. Braunschweig and Roberts asked on what basis. It was clarified that this was not in residential but in business at 13 West Main Street. Motion carries.

Roberts motioned, second by Juergens, second reading and motion to approve Ordinance #2007-6, Annexing Territory to the City of Evansville (O2 Investments, LLC). Motion carries.

Motion by Roberts, seconded by Braunschweig, to approve development agreement with O2 Investments, LLC. Motion carries.

Communications and Recommendations from the Mayor

Motion by Roberts, seconded by Braunschweig, to waive the seven-day notice requirement on mayoral appointments. Alderperson Sornson asked if it was possible to publish committee vacancies to get more individuals involved from the community. Mayor Decker stated this would be rather difficult to accomplish with so many committees. Motion carried.

Motion by Roberts, seconded by Juergens, to approve mayoral appointment of Julie Meredith, 233 Franklin Street, to the Economic Development Committee for a one-year term. Alderperson Jacobson questioned if we ever know who vacates a position. Wyse stated that it was Cheryl Dickert that vacated this position. Motion carries.

Motion by Roberts, seconded by Sornson, to approve mayoral appointment of Matthias James, 7821 South Fifth Street, to the Economic Development Committee for a three-year term. There was a question on the address for Mr. James. Wyse stated this position was vacated by John Decker and the prior position was Cheryl Dickert for clarification. Motion carries.

Motion by Roberts, seconded by Juergens, to approve mayoral appointment of Rich Modaff, 103 South Third Street, to the Park Board for a two-year term. Motion carries.

Motion by Cothard, seconded by Juergens, to approve mayoral appointment of Eric Jepperson, 6267 Oak Hollow Dr, Oregon, to the position of Treasurer for an indefinite term. It was clarified that this was an added position to his current position. Motion carries.

Motion by Roberts, seconded by Sornson, to approve mayoral appointment of Sandra Lindemann, 12925 W. Woodworth Drive, to the position of Acting City Clerk until the future appointment of a City Clerk. Motion carries.

Roberts asked for discussion regarding strategic planning session for Common Council and City Department Heads. Mayor Decker states that the last strategic planning session took place in 2004. With a new mayor, new city administrator, new city clerk, new finance director and half the council being new and at the suggestion of David Wartenweiler, Public Works Director; that it might be a good time to have a meeting. The last meeting was on a Saturday morning and held at the Manor. Mayor Decker suggested that this take place sometime in September and asked if the Manor was a good choice for the meeting again. Diane Roberts suggested the use of the Bank of Evansville’s conference room as another alternative meeting place.

Communications from the City Administrator

The Public Safety Committee meeting would need to move their meeting as it falls on the July 4th Holiday. The meeting could be on the 3rd or the 5th. Roberts mentioned that July 5 would be our first Finance meeting. Council agreed to schedule this meeting on July 3, 2007 at 6:00 p.m.

New Business

Motion by Cothard, seconded by Juergens, to renew three-year (2008-2010) Mutual Cooperation Agreement for Continuation of Rock County HOME Program. Mayor Decker stated that it is a county program for low housing. Motion carries.

Introduction of New Ordinances

Cothard presented the First Reading of Ordinance #2007-7, Rezoning Territory from Residential District 1 (R-1) to Planned Unit Development (PUD) District [citizen initiated ordinance].

Motion to adjourn
Motion by Roberts, seconded by Braunschweig, to adjourn the meeting at 7:58 p.m. Motion carries.

Prepared by:
Sandra Lindemann
Acting City Clerk

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