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Tuesday, December 23, 2008

Minutes; Evansville Public Works: December 2008

PUBLIC WORKS COMMITTEE MEETING MINUTES
Regular Meeting
Monday, December 22, 2008, 5:30 p.m.
Public Works Shop, 535 S. Madison St., Evansville, WI


The meeting was called to order at 5:30 by Acting Chair Ringhand. Present: Janis Ringhand, Todd Culbertson. Absent: Mason Braunschweig. Staff: P W Director Dave Wartenweiler, City Administrator Dan Wietecha, City Engineer Dave Sauer, Mayor Sandy Decker and citizens.

Motion by Ringhand/Culbertson to approve the agenda with a correction to #4, change dates to November 10 & 25, 2008, unanimous.

Motion by Ringhand/Culbertson to approve the minutes of the 11-10 & 25, 2008 meetings, unan.

No citizen appearances.

Public Hearing on Waste Water Facility plan - City Engineer Dave Sauer presented a summary of the proposed project, to be completed by September 2010 at a cost of approximately $4,250,700.00. A Clean Water Fund Loan will be applied for; approval of the DNR is required.

Public Hearing opened at 6:50 p.m. Dick Woulfe, 255 E. Main St., questioned the urgency of doing this project now since the population growth rate has slowed. Sauer replied that the state has mandated limits on nitrogen output and the project needs to be done to accommodate growth in industrial as well as residential property. Public Hearing closed at 6:54 p.m.

Final Comments by Public Works Committee – there was consensus from the members present and the Public Works Director that the project was necessary to meet state standards, the timing is good and approved moving forward with the prescribed schedule.

Construction updates:
A. Main St. way-finding signs have been ordered; will be installed weather permitting.
B & C. Capstone & Westfield Meadows – nothing
D. Celtic Ridge – progressing with contact from the developer
E. Lake Leota – waiting DNR permit, will start Jan 5, 2008 if all goes well.
Gib Wiedenhoeft from SOLE was present, informed us that progress is being made.

Site plan reviews – none.

Communication from City Engineer – Sauer will submit application for Clean Water Fund Loan, soil borings will be done soon.

Communication from Public Works Director – snow removal has exceeded budget this year, may require a budget adjustment at Finance. Different salt is being used, working well.

New Business – Bill Hurtley not present regarding cemetery fees and policy, carry over to Jan.

Old Business – west side water issue – nothing new.

Park & Rec Report – Ringhand reported on Lake Leota work start up, bench donated in memory of Dale Bryant, discussion on renewing the donation policy, language changes for aquatics flier.

Adjourn at 6:07 p.m. on a Culbertson/Ringhand motion, unanimous.
Next meeting Tuesday, January 27, 2009, at the Public Works Garage.

Friday, December 19, 2008

Minutes: Evansville Park Board: December 2008

Park & Recreation Board Regular Monthly Meeting
City of Evansville Council Chamber
Monday, December 15, 2008, 6:00 p.m.

MINUTES

Call to order and announce quorum at 6:00 p.m. by Chair Ringhand.

Present: Sue Merritt, Rich Modaff, Jerry Krueger, Janis Ringhand, Jeff Farnsworth, Ron Carlsen. Staff: Ray Anderson, Rick Hamacher. Absent: Fred Juergens.

Approval of Agendas as printed on a Modaff/Merritt motion, unanimous.

Waive reading of minutes of November 17, 2008 meeting and approve as printed on a Modaff/Farnsworth motion, unanimous.

No citizen appearances.

SOLE Committee report: Rod Courtier & Gib Wiedenhoeft were present for SOLE. Rod reported that the Integrity crew has established a road across the Cadman property, as there were too many trees on the Courtier property. Integrity does not plan to remove vegetation along the south shoreline of the lake. Ringhand will check with City Administrator Wietecha on this issue, as it was determined at Public Works that the vegetation would be removed and beneficial aquatic plants would be planted in the spring for an additional cost of $10,000.00.

Ann Larson on behalf of Boy Scouts: Ann Larson was present with pictures of a park bench the scouts would like to donate to the park in memory of Dale Bryant. Placement of the bench was approved for next spring with the assistance of Ray Anderson, for placement and proper concrete pad to secure the bench, on a Krueger/Carlsen motion, unanimous. Requested placement on next months agenda regarding plaque on bridge over Allen’s Creek.

Farnsworth raised the question of establishing a policy for receipt of gifts for the park. Krueger & Carlsen stated that there was a policy at one time that provided catalogs of park enhancements that donors could choose from. Add to next months agenda for further discussion

Chair Ringhand reported on the pre-construction meeting with Integrity Excavating and Vierbicher Engineering regarding the work on Lake Leota. Weekly progress meetings will be held at the Public Works building on S. Madison St., on Thursdays at 10:00 a.m.

No report on parks projects. Anderson requested a copy of the 2009 budget for the fence & pavilion that were proposed.

Aquatics report: Hamacher presented copies of the staffing manuals and asked members to review for next months meeting and possibly update language if needed.

Language was changed on the Aquatic Center Flyer to reflect that swimming lessons will be taught by both Red Cross certified Water Safety Instructors and in house trained swimming instructors on a Farnsworth/Modaff motion, unanimous. Copy of language change will be forwarded to City Hall.

Old Business: No new information on advertising in the park and American Legion use of shelter.

No new business.

Motion to adjourn on a Farnsworth/Merritt motion at 6:40 p.m., unanimous.

Next meeting January 19, 2009, 6:00 p.m. City Hall Chamber.

Friday, December 5, 2008

Minutes; Evansville Common Council: November 2008

Common Council
Regular Meeting
Tuesday, November 11, 2008, 6:30 p.m.
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

1. Call to order. Mayor Sandy Decker called the meeting to order at 6:30 p.m.

2. Roll call. Members present: Mayor Sandy Decker, Alderpersons Mason Braunschweig, Tom Cothard, Todd Culbertson, Barb Jacobson, Janis Ringhand, Diane Roberts, Dennis Wessels and Tony Wyse. Staff present: Dan Wietecha, City Administrator; Judy Walton, City Clerk; Mark Kopp, City Attorney; Dave Sauer, City Engineer; Kathi Kemp, Library Director; and Greg Johnson, Ehlers & Associates. Several members of the public were also present.

3. Approval of Agenda. Braunschweig made a motion, seconded by Roberts to move Item 6B3 to follow directly after Item 5B and approve the agenda. Motion approved unanimously.

4. Approval of Minutes. Braunschweig made a motion, seconded by Cothard to waive the reading of the minutes of October 14, 2008, regular meeting and to approve them as presented. Motion approved unanimously.

5. Citizen appearances.
A. SOLE. Gil Wiedenhoeft was present; nothing new to report.

B. Public Hearing: Assessments for South Madison Street Improvements. Dave Sauer explained that these properties were removed from the October meeting because they received new construction not replacement and the property owners needed to be re-noticed and the assessments needed to be re-calculated. Decker opened the public hearing at 6:37 p.m. Jim Turner, property owner of 510 S Madison, and Roger Berg (on behalf of Pleasy Berg’s S. Madison Street properties) questioned why a property owner would be charged 100% of the cost. Berg added that the work was necessary and turned out well. Robbie Petterson, Prairie Crossing, asked about compensation for a damaged sewer main due to the construction. Decker closed the public hearing at 6:40 p.m. Sauer stated a claim is to be submitted to the DOT for the damaged sewer main. He added that assessing property owners 100% for new construction is consistent with other projects. Braunschweig made a motion, seconded by Cothard to adopt Resolution 2008-21, Final Resolution Authorizing South Madison Street Improvements and Levying Special Assessments against Benefited Properties for Same. Motion approved unanimously on a roll call vote.

Agenda Item 6B(3) Pre-sale report on proposed financing for Lake Leota. Greg Johnson presented the Preliminary Financing Report for Lake Leota, explaining the General Obligation Note Anticipation Notes, Refunding Bonds, Estimated Tax Impact and the Projected Debt Limit Calculations.

C. Public Hearing: 2009 Operating Budget. Wietecha stated the budget was kept at a zero increase. He explained the impact the additional proposed borrowing for Lake Leota would have. Decker opened the public hearing at 6:58 p.m. Rose Helms and Tina Rossmiller spoke in support of an increase for the Evansville Youth Center, citing needed repair and maintenance and to accommodate increased attendance. Bob Flaherty, Evansville School District, supported increased funds stating that kids need a supportive place to go after school. He stated the center provides that and has a positive impact the kids. Decker closed the public hearing at 7:08 p.m. Ringhand asked the Youth Center representatives to consider approaching the Town of Union to help with costs as the center is open to non-resident youth as well. Braunschweig commended staff and council for their work on the budget. Braunschweig made a motion, seconded by Roberts to revise the 2009 Operating Budget to include debt service for bond issue for Lake Leota Dredging Project. Motion approved unanimously on a roll call vote.

Braunschweig made a motion, seconded by Ringhand to adopt Ordinance 2008-19, Adopting 2009 City Operating and Capital Budgets and Setting Tax Levies. Motion approved unanimously on a roll call vote.

6. Reports of Committees.
A. Plan Commission Report
(1). Braunschweig made a motion, seconded by Cothard to approve Community Acknowledgement Form for Letter of Map Revision based on Fill (LOMR-F) at 405 Water Street, contingent upon City Administrator’s recommendation. Wietecha stated he would recommend withholding approval due to lack of information. Motions withdrawn.

B. Finance and Labor Relations Committee Report
(1). Cothard made a motion, seconded by Roberts to approve Water & Light bills and authorize their payment in the amount of $862,443.35. Motion approved unanimously on a roll call vote.

(2). Cothard made a motion, seconded by Roberts to approve the City bills and authorize their payment in the amount of $285,771.70. Motion approved unanimously on a roll call vote.

(3). Pre-sale report on proposed financing for Lake Leota. Moved to follow Item 5B.

(4). Cothard made a motion, seconded by Ringhand to approve Resolution 2008-23, Providing for the Sale of Not to Exceed $2,020,000 Note Anticipation Notes. Braunschweig made a motion, seconded by Ringhand to amend the motion by changing the dollar amount to not to exceed $1,365,000. Motion approved unanimously. Main motion, as amended, approved unanimously on a roll call vote.

(5). Cothard made a motion, seconded by Braunschweig to approve Resolution 2008-24, Declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing. Wessels made a motion, seconded by Jacobson to amend the motion by changing the dollar amount in Section 2 of the Resolution to $1,365,000. Motion approved unanimously. Main motion, as amended, approved unanimously on a roll call vote.

(6). Cothard made a motion, seconded by Ringhand to approve City Administrator hiring contractor for Senior Services Coordinator. Braunschweig stated this was recommended by Finance. Motion approved unanimously on a roll call vote.

(7). Cothard made a motion, seconded by Braunschweig to approve Resolution 2008-22, Authorizing Application for a Community Development Block Grant for the Senior/Community Center. Wietecha stated this resolution would be part of the paperwork needed to allow the city to assist with the application for the grant money. Ringhand and Decker recused themselves from the vote. Motion approved 7-0.

C. Public Safety Committee Report. None.

D. Public Works Committee Report
(1). Braunschweig made a motion, seconded by Ringhand to approve contract with Vierbicher Associates for project management and on-site engineering for Lake Leota Restoration. Joe Dorava, Vierbicher Associates, stated that Integrity Grading and Excavating, Inc., Schofield, Wisconsin was the low bidder, a contractor that he is comfortable with on the project. Permit process was delayed, but he is working closely with the DNR. Work could start on non-permitting activities, including removing the vegetation from the lake. Motion approved unanimously on a roll call vote.

(2). Braunschweig made a motion, seconded by Ringhand to approve hiring Integrity Grading and Excavating, Inc. as contractor for performing Lake Leota Restoration. Braunschweig made a motion, seconded by Roberts to amend the motion to add the following language after Lake Leota Restoration - at a cost not to exceed $885,069.63 and contingent upon obtaining the DNR permit for the project. Motion approved unanimously. After a question by Wyse regarding the contractor’s credentials, Dorava stated he did a thorough reference check and also checked with other contacts he has and received only favorable comments. Braunschweig commented that the City is committed to this project now that they have approved the financing after being advised to by 70% of voters through the referendum question and he asked SOLE to continue with fundraising efforts. Jim Turner asked if the culvert work could be added due to the low bid, to which Council responded that the additional permit required would delay the project by over a year and a half and being able to borrow less money was financially prudent. Main motion, as amended, approved unanimously on a roll call vote.

(3). Braunschweig made a motion, seconded by Roberts to approve final land divider’s agreement with Dysis Group. [Celtic Ridge]. Wietecha stated the agreement has the basic structure of the past 2 or 3 developer agreements for subdivisions; however, some of the language has been streamlined. Mark Kopp reviewed his suggested changes. Cothard made a motion, seconded by Wessels to amend the motion to add giving the City Administrator the authority to continue negotiating based upon the memo from the City Attorney. Motion approved unanimously. Main motion, as amended, approved unanimously on a roll call vote.

E. Water & Light Committee Report. None.

F. Economic Development Committee Report
(1). Wyse stated they are meeting with various community groups to review their Economic Development Plan Implementation. Kick-Off Meeting for the Inventors and Entrepreneurs (I&E) Club is November 12th, and he encouraged Council to attend. The way-finding signs are starting to go up with one at the corner of E Main and Cemetery.

G. Redevelopment Authority Report
(1). Braunschweig made a motion, seconded by Roberts to approve development agreement with Matthias James Pottery for rehabilitation of 137 East Main Street. Wietecha reviewed the contract with Council. Motion approved unanimously on a roll call vote.

H. Parks and Recreation Board Report. None.

I. Historic Preservation Commission Report. None.

J. Fire District Report. Wessels stated the December meeting will be at the new Fire Station.

K. Police Commission Report
(1). Wietecha stated they are meeting December 10 to consider revisions to department policies on hiring and promotions and to consider filling vacant positions for full-time officer, investigator, and lieutenant.

L. Evansville-Union Implementation Committee Report. None.

7. Unfinished Business. None.

8. Communications and Recommendations from the Mayor. None.

9. Communications from the City Administrator.
A. Ringhand made a motion, seconded by Braunschweig to approve agreement with AT&T for Centrex (telephone) service. Wietecha stated the current agreement expires in early December, recommends renewing for 3 years due to changes in federal tariffs which will result in a rate increase of $450/month. Motion approved unanimously on a roll call vote.

10. New Business. Wessels asked if the city has heard if FEMA intends to meet with residents regarding the floodplain, to which Wietecha said he has no new information.

Wyse congratulated the 3rd – 8th graders on advancement to state in the Lego Lords competition.

11. Introduction of New Ordinances
A. Cothard presented the First reading of Ordinance 2008-20, Relative to School Truancy.

B. Braunschweig presented the First reading of Ordinance 2008-21, Relative to One-Way Streets.

12. Motion to adjourn. Ringhand made a motion, seconded by Roberts to adjourn at 8:05 p.m. Motion approved unanimously.

Prepared by Judy Walton, City Clerk




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

Minutes; Finance: December 4, 2008

City of Evansville
Finance & Labor Relations Committee

Regular Meeting
Thursday, December 4, 2008, 5:00 pm
City Hall, 31 S. Madison Street, Evansville, Wisconsin

MINUTES

I. Call to Order. The meeting was called to order at 5:00 pm by Chair Tom Cothard.

II. Roll Call. Present: Alderpersons Tom Cothard, Mason Braunschweig and Diane Roberts. Also present: Mayor Sandy Decker, Finance Director Lisa Novinska, City Administrator Dan Wietecha and Dick Woulfe.

III. Approve Agenda. Cothard made a motion, seconded by Roberts, to approve the agenda. Motion approved unanimously.

IV. Minutes of November 6, 2008, Meeting. Cothard made a motion, seconded by Roberts, to waive the reading of and to approve the minutes as presented. Motion approved unanimously.

V. Citizen Appearances. None.

VI. Water and Light Bills. Cothard made a motion, seconded by Roberts, to approve the Water and Light bills in the amount of $1,099,299.28 and authorize their payment. Motion approved unanimously on a roll call vote.

VII. City Bills. Cothard made a motion, seconded by Roberts, to approve the City bills in the amount of $511,025.91 and authorize their payment. Motion approved unanimously on a roll call vote.

VIII. Unfinished Business. None.

IX. New Business.
a. Claim for Excessive Assessment. Wietecha explained that the owners of 566 Vision Drive had filed a claim of excessive assessment under Wisconsin Statutes, Section 74.37. The claim failed to comply with statutory prescribed conditions. Cothard made a motion, seconded by Roberts, to recommend to Common Council disallowance of the claim for excessive assessment at 566 Vision Drive. Motion approved unanimously.

b. Interfund Loan for Streetsweeper. Wietecha noted that purchase of a streetsweeper was in the approved 2009 budget. The terms for financing the purchase through the vendor are greater than the budget would allow, but it could be financed through an interfund loan from the city’s general fund to the stormwater management utility. Cothard made a motion, seconded by Roberts, to recommend to Common Council approval of Resolution 2008-27, Memorializing an Interfund Loan for Streetweeper Purchase. Motion approved unanimously on a roll call vote.

c. Municipal Judge’s 2009 Salary. Wietecha said that a $30 per month raise was included in the approved 2009 budget. Cothard made a motion, seconded by Roberts, to recommend to Common Council approval of Resolution 2008-25, Establishing the Municipal Judge’s Salary for the Year 2009. Motion approved unanimously on a roll call vote.

d. Fee Schedule. Wietecha indicated that the proposed fee increases had either been discussed during budget deliberations, recommended by the Park and Recreation Board or contemplated in the City Code but missing from the Fee Schedule. Cothard made a motion, seconded by Roberts, to recommend to Common Council approval of Resolution 2008-26, Amending Evansville’s Fee Schedule. Motion approved unanimously on a roll call vote.

e. Position Description: Human Resources Administrator. Braunschweig confirmed that the revisions were to address additional duties due to making the position full-time. Cothard made a motion, seconded by Roberts, to approve the revised position description for the Human Resources Administrator. Motion approve unanimously.

f. Human Resources Administrator Contract. Wietecha said the contract recognized the position becoming full-time and cleaned up some language due to the re-organization of the office staff in June 2007. Cothard made a motion, seconded by Roberts, to recommend to Common Council approval of the revised employment contract and wages for Jodi Sam as Human Resources Administrator. Braunschweig made a motion, seconded by Roberts, to amend the motion to revise the contract such that January 1, 2009, would be both the termination date of the ending contract and the effective date of the new contract. Amendment approved unanimously. Motion, as amended, approved unanimously on a roll call vote.

g. City Attorney Contract. Cothard noted that a $5 per hour increase had been considered during budget deliberations. Cothard made a motion, seconded by Roberts, to recommend to Common Council approval of continued engagement with Consigny, Andrews, Hemming & Grant, SC, as City Attorney at an hourly rate of $120.00. Motion approved unanimously on a roll call vote.

h. City Engineer Contract. Wietecha indicated that some additional language was proposed to address concerns raised in a recent court case regarding open records requests. Cothard made a motion, seconded by Roberts, to recommend to Common Council approval of contract renewal with Foth Infrastructure & Environment, Ltd., as City Engineer. Motion approved unanimously.

i. City Planner Contract. Wietecha noted that Mark Kopp was still reviewing the proposed contract but expected few revisions. Braunschweig indicated that we had received twelve proposals and interviewed five. John Stockham of Stockham Consulting brought a wealth of experience and expertise in plaaning. He takes a team-oriented approach, sees the planner’s role as informing the Plan Commission and recognizes that policy is set by Plan Commission and the City Council. Cothard made a motion, seconded by Roberts, to recommend to Common Council approval of contract with Stockham Consulting as City Planner. Motion approved unanimously.

j. Youth Program Contract. Wietecha stated that the only change from the 2008 contract was for the City to pay $50 per month from the building maintenance account to compensate for AWARE’s use of utilities. Cothard made a motion, seconded by Roberts, to recommend to Common Council approval of agreement with YMCA of Northern Rock County for Operation of a Youth Program. Motion approved unanimously.

k. Use and Occupancy Agreement. Wietecha explained that some reasonable care and maintenance expectations should have been recognized previously. In working on the Youth Program Contract, it had also been learned that several unapproved organizations had been using the City-owned building; formalizing expectations with approved organizations simply made sense at this point. Cothard made a motion, seconded by Roberts, to recommend to Common Council approval of agreement with Community Action, Inc., for use and occupancy of 209 South First Street by AWARE in Evansville. Motion approved unanimously.

X. Adjournment. With no further business, the meeting adjourned at 5:30 pm.

Thursday, November 20, 2008

Minutes; Evansville/Union Implementation: Wed.Nov 19, 2008

EVANSVILLE UNION IMPLEMENTATION COMMITTEE MEETING
Wednesday, November 19, 2008, 6:00 p.m.
City Hall

MINUTES

Call to order at 6:00 p.m. by Chair Ringhand.

Present: Don Krajeck, Bob Janes, Eric Larsen, Janis Ringhand. Absent: Bill Hammann, Tom Cothard.

Agenda accepted as printed.

Motion by Janes/Krajeck to accept the minutes of the October 15, 2008 minutes as printed, unanimous.

Reviewed land use maps for west-northwest quadrant. Janis will request a full set of quad maps of the same size, in color, with a legend from City Engineer Sauer. Will also check with Rock County to get large maps that show ownership parcels, will also try to get Dane & Green Co. maps. Will follow-up on request for uniform color coding of City and Union Township future land use maps.

Reviewed intergovernmental agreement information provided by City Administrator.

Questions came up regarding what the city’s intentions are for the extra-territorial zone area after 2025, how fast they expect to expand the city limits into extra-territorial area and whether the extra-territorial zone line will continue to fan out into the township.

Next meeting, December 17, 2008, 6:00 p.m., City Hall.

Motion to adjourn by Krajeck/Larsen at 6:40 p.m., unanimous.

Wednesday, November 19, 2008

Minutes: Evansville Park Board: November 2008

PARK & RECREATIONS BOARD MEETING MINUTES
Monday, November 17, 2008, 6:00 p.m.
City Hall


Meeting called to order at 6:05 p.m. by Chair Ringhand. Present: Fred Juergens, Jerry Krueger, Janis Ringhand, Sue Merritt, Jeff Farnsworth, Ron Carlsen, Rich Modaff. Staff present: Rick Hamacher, Ray Anderson & Dan Wietecha.

Motion by Krueger/Juergens to accept the Agenda as printed, unanimous.

Motion by Merritt/Krueger to waive the reading of the minutes of the October 20, 2008 meeting and approve as printed, unanimous.

No citizen appearances.

SOLE report – Gib Wiedenhoeft present for SOLE. Nothing to report at this time.

Discussion on baseball, softball, soccer, field rental fees, motions as follow:

Modaff/Juergens to increase youth ball league fees by $5.00 per resident, $10.00 per non-resident, with a low-income participation grant program, similar to the swimming pool program. The pool uses the school low-income lunch standard, which cuts the fee in half. Unanimous.

Juergens/Carlsen to increase all pavilion and athletic field fees by 10%, rounded up to the next highest dollar, unanimous.

Modaff/Farnsworth to increase swimming pool fees as listed, unanimous.

Juergens/Krueger to charge the Soccer Club $1,000.00 for 2009, field maintenance and use fees, passed 6-1. Fee will be reviewed at the end of the season and adjusted for 2010.

Discussion on language changes and revisions of Chapter 86 of the Municipal Code, Parks & Recreation. City Administrator Wietecha will work with Chair Ringhand to update and modify some of the language for approval at the December meeting.

Review of lease agreement with Grove Society for Baker Building location. John Decker was present for the Grove Society, stating the need to complete a survey of the property to enter the legal description into the lease, #1, and requesting language change, remove “exact nature” #15, and add “sub-lease with city approval”. Motion by Modaff/Farnsworth to change language as described, unanimous.

Motion by Modaff/Juergens to recommend City pay half of survey for Grove Society, Baker Building location. Motion failed 1-6.

Park Maintenance, no report, all facilities closed for the season.

Aquatics, no report, facility closed for the season.

Old Business – discussion on advertising in the ball park outfield. Administrator Wietecha advised that the signs would be prohibited under the current sign code. We will poll the Plan Commission for their opinion on changing the sign code and poll businesses to gauge interest in advertising in the park before any further action will be taken.

New Business – discussed allowing Stoughton Park & Recreation program to recruit participants for activities not provided in Evansville. Agreed this is acceptable, programs have been enjoyed by city residents in the past and should be encouraged, possibly expanding into local leagues in the future.

Motion by Juergens/Modaff to adjourn at 7:45 p.m.

Next meeting December 15, 2008, 6:00 p.m.

Submitted by Janis Ringhand, Chair

Monday, November 10, 2008

Minutes: Finance and Labor: November 2008

City of Evansville
Finance & Labor Relations Committee

Regular Meeting
Thursday, November 6, 2008, 5:30 pm
City Hall, 31 S. Madison Street, Evansville, Wisconsin

MINUTES

I. Call to Order. The meeting was called to order at 5:35 pm by Chair Tom Cothard.

II. Roll Call. Present: Alderpersons Tom Cothard, Mason Braunschweig and Diane Roberts. Also present: Mayor Sandy Decker, Alderperson Janis Ringhand, Finance Director Lisa Novinska and City Administrator Dan Wietecha.

III. Approve Agenda. The Committee moved item 9-C regarding a grant application for a senior/community center to the start of the agenda. Cothard made a motion, seconded by Braunschweig, to approve the agenda with the revision. Motion approved unanimously.

IV. Minutes of October 9, 2008, Meeting. Cothard made a motion, seconded by Roberts, to waive the reading of and to approve the minutes as presented. Motion approved unanimously.

V. Citizen Appearances. None.

VI. Water and Light Bills. Cothard made a motion, seconded by Roberts, to approve the Water and Light bills in the amount of $700,965.94 and authorize their payment. Motion approved unanimously on a roll call vote.

VII. City Bills. Cothard made a motion, seconded by Roberts, to approve the City bills in the amount of $144,391.01 and authorize their payment. Motion approved unanimously on a roll call vote.

VIII. Unfinished Business.
a. Lake Leota Dredging Project.
i. Revise 2009 Budget. Cothard made a motion, seconded by Braunschweig, to recommend to the Common Council revision of the 2009 Operating Budget to include property tax levy for debt service for the Lake Leota Dredging Project. Motion approved unanimously on a roll call vote.

ii. Authorize Notes. Cothard made a motion, seconded by Braunschweig, to recommend to the Common Council Resolution 2008-23, Providing for the Sale of Not to Exceed $2,020,000 Note Anticipation Notes. Motion approved unanimously.

iii. Intent to Reimburse. Cothard made a motion, seconded by Braunschweig, to recommend to the Common Council Resolution 2008-24, Declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing. Motion approved unanimously.

iv. On-site Engineering Contract. The Committee noted that a contract had not yet been proposed by Vierbicher Associates.

b. 2009-2013 Capital and 2009 Operating Budgets. The Committee noted that the budget hearing was scheduled for the Common Council meeting on November 11.

IX. New Business.
a. Matthias James Pottery. Wietecha explained that the original draft of the development agreement with Matthias and Lisa James had been recommended by the Redevelopment Authority. It was subsequently revised, but the Redevelopment Authority had not reviewed the new proposal. The primary revision would establish benchmarks to keep the project on schedule and in turn allow James to draw from the funds on a monthly basis. Cothard made a motion, seconded by Roberts, to recommend to the Common Council approval of the Development Agreement with Matthias and Lisa James. Motion approved unanimously on a roll call vote.

b. Senior Services Coordinator. Wietecha explained that interviews would not be scheduled until after the November Common Council meeting but that a new contractor would need to be hired prior to the December Common Council meeting. Cothard made a motion, seconded by Braunschweig, to recommend to the Common Council approval of the City Administrator hiring a contractor for Senior Services Coordinator. Motion approved unanimously. Input from the Primetimers will be considered in the hiring decision.

c. Senior/Community Center. Ringhand explained that the proposed senior/community center would be eligible for a community development block grant. If awarded, the grant could fund 20% to 40% of the construction cost. Cothard made a motion, seconded by Braunschweig, to recommend to the Common Council approval of Resolution 2008-22, Authorizing Application for a Community Development Block Grant (CDBG) for Development of a Senior/Community Center. Motion approved unanimously.

d. Centrex Telephone System. Wietecha noted that the city’s current service agreement expires in early December but several details are being worked out at the last minute prior to recommending its renewal.

X. Next Meeting Date. The December 5, 2008, meeting will start early at 5:00 pm.

XI. Adjournment. Braunschweig made a motion, seconded by Roberts, to adjourn at 6:05 pm. Motion approved unanimously.

Minutes: Evansville Fire District: Nov. 2008

EVANSVILLE COMMUNITY FIRE DISTRICT
Meeting Minutes
Regular Monthly Meeting
November 04, 2008

The regular monthly meeting of the Evansville Fire District Board of Trustee’s was held on November 04, 2008 at 7:00 p.m. at the Evansville Fire Station.

The meeting was called to order. Roll call was taken of those present.

Present Representing

Kendall Schneider (President) Town of Union
Dennis Wessels (Vice President) City of Evansville
Fern McCoy (Secretary/Treasurer) Town of Magnolia
Barbara Jacobson City of Evansville
Phil Hamilton Town of Porter
Jim Topel Town of Brooklyn

Mike Halvensleben – Fire Chief

NOVEMBER BOARD OF APPEALS MEETING

The November meeting of the Evansville Fire District Board of Appeals was called to order at 7:00 p.m.

Present Representing

Kendall Schneider Town of Union
Dennis Wessels (Vice President) City of Evansville
Fern McCoy (Secretary/Treasurer) Town of Magnolia
Barbara Jacobson City of Evansville
Phil Hamilton Town of Porter
Jim Topel Town of Brooklyn

Mike Halvensleben – Fire Chief

Appeal re-opened for user fee invoice 8087, fire call dated September 16, 2008, for gas/electric check at rental unit. Appeals Board heard 911-tape from call. Motion made by Hamilton, 2nd by McCoy, to re-table appeal to December 02, 2008 meeting. Motion carried.

Board read appeal for user fee invoice 8090, fire call dated September 23, 2008, for smoke odor at residence. Appellant not available at meeting as appeal letter received on November 03. Motion made by Wessels, 2nd by Topel, to table appeal to the December 02, 2008 meeting to hear appellant. Motion carried.

Motion made by Schneider, 2nd by McCoy, to adjourn Board of Appeals. Motion carried. The regular monthly meeting was called into session.

MINUTES FROM LAST MEETING

Motion made by Wessels, 2nd by Hamilton, to rename Resolution 2008-02 from October 07, 2008 meeting to Resolution 2008-03 due to duplication. Motion carried.

Motion made by Wessels, 2nd by McCoy, to approve October 07, 2008 minutes with resolution name change. Motion carried.

CONTINUING BUSINESS

No new business to report.

COMMUNICATION FROM CHIEF

Chief Halvensleben stated Spaghetti Dinner served an estimated 270 people.

NEW BUILDING / FIRE STATION

New station completion date is expected by end of 2008.

Lights in bays, HVAC and guides for drop ceilings are currently being installed.

December 02, 2008 District Meeting WILL BE HELD AT 425 WATER STREET, location of new station.

PAYMENT OF BILLS

Motion made by Hamilton, 2nd by Wessels, to pay November bills totaling $82,253.84; $5.844.35 for regular fire district invoices and $76,409.49 drawn against new station construction loan. Motion carried.

Motion made by Hamilton, 2nd by Wessels, to void check 4397, dated October 07, 2008, to Excel Engineering for the amount of $4,655.39 as incorrect. Motion carried.

ANNUAL REVIEW OF DISTRICT RESOLUTIONS

Motion made by Hamilton, 2nd by Jacobson, to accept resolutions from prior year to 2009 with no changes being made. Motion carried.

FIRE CALLS

Fire calls report for October not available at meeting; will be reviewed at December 02, 2008 meeting.

USER FEE INVOICES

User fee invoices reviewed.



OTHER NON-ACTIONABLE BUSINESS PRESENTED TO THE BOARD

No other non-actionable business presented.

Motion made by Schneider, 2nd by McCoy, to adjourn the meeting. Motion carried. The meeting adjourned at 8:00 p.m.




The next meeting of the Evansville Community Fire District will be held on December 02, 2008 at 7:00 p.m. at 425 WATER STREET, EVANSVILE; home of the new Evansville Fire Protection District.

Agenda:

Board of Appeals Meeting
Minutes from the last meeting
Continuing Business
Communication from Chief
New Building / Fire Station
Payment of Bills
Fire Calls
User Fee Invoices
Any Other Non-Actionable Business presented to the Board
Adjournment


SAVE YOURSELF A $500.00 USER FEE! CALL 757-2244 TO REPORT ALL CONTROLLED BURNS!!!

Wednesday, November 5, 2008

Minutes; Evansville/Union Implementation Committee: October 2008

EVANSVILLE UNION IMPLEMENTATION COMMITTEE MINUTES
October 15, 2008, 6:00 p.m.
Evansville City Hall


Chair Ringhand called the meeting to order at 6:00 p.m..

Present: Bob Janes, Don Krajeck, Eric Larsen, Janis Ringhand & Bill Hammann
Absent: Tom Cothard

The agenda was accepted as printed on a Ringhand/Krajeck motion, unanimous.

Minutes of the September 17, 2008 meeting were accepted as printed on Ringhand/Hammann motion, unanimous.

Review of Land Use & Utility Maps

Reviewed the following maps:

· Possible Sewer Service Area – Northeast Quarter of City
· Improvements to Lift Station #5 expanded the sewer service utilities to the south to include future Industrial Parks.
· The improvements to Lift Station #5 expand the service area to the North & East out to Territorial road. Much of this area is currently developed with rural residential.

We still need to review Southwest Quarter of City Sewer Service Area Map.

· Evansville’s & Union’s Future Land Use Map

· Examined areas of contention on both maps:
· Gildner Property
· Doyle/Sendelbach Property
· Golf Course & Janes Property
· Future Capstone Ridge
· Shraeder Property
· Since these properties are contiguous with the city they should fall into city zoning on the Evansville’s Future Land Use Map.

· Areas within Extraterritorial Boundary included on the City Future Land Use Map, but not on the Township Future Land Use Map:
· Shotliff Property
· Janes Property
· Midthun Property
· Sperry Property
· These properties are all located along Territorial road.
· Since these properties are adjacent to existing township development they should fall within Township zoning.

We still need a combined Evansville’s & Union’s Future Land Use Map highlighting areas of contention.

Boundary Agreements

Discussed various types of Intergovernmental Agreements.

Request from city administrator a synopsis of the various types of agreements from a full-blown Boundary agreement to a simple Extraterritorial Zoning agreement.

Union Township would like this committee to work out the agreement details.

Union Township asks the Evansville’s planning Commission, “Why does the city need to expand beyond the current Annex areas?”

Union Township would like this committee to focus on an agreement on Future Land Use Zoning.


Next meeting date, November 19, 2008, 6:00 p.m., City Hall

Adjourn at 6:55 p.m. on a Hammann/Janes motion.

Tuesday, October 21, 2008

Minutes: Park Board: October 2008

PARK & RECREATION BOARD MEETING MINUTES
Evansville City Hall Council Chamber
Monday, October 20, 2008, 6:00 p.m.


The meeting was called to order at 6:00 p.m. by Chair Ringhand. Present were Jerry Krueger, Ron Carlsen, Sue Merritt, Jeff Farnsworth, Rich Modaff, Janis Ringhand, Ray Anderson, Rick Hamacher. Fred Juergens was absent.

Motion by Modaff/Carlsen to approve the agenda as printed, unanimous.

Motion by Modaff/Krueger to waive the reading of the September 15, 2008 minutes and approve as printed, unanimous.

No citizen appearances.

SOLE Committee report - Gib Wiedenhoeft was present for SOLE, signs for “Vote Yes for Lake Leota” are available, efforts to get voters out is in progress. Ringhand shared 3 letters of support and 1 against the lake that she has received.

Discussion on ball field reservation policy. Motion by Farnsworth/Modaff to approve a standing precedence for the 4th of July Committee to have first right to reserve the park and ball fields for the annual 4th of July celebration, with timely notification to the city, as long as there are scheduled events, unanimous.

Motion by Modaff/Carlsen to eliminate the 29 day clause in Sec 86-6 for ball field reservations for leagues. Leagues must provide a schedule of all games to be played during the season at time of sign up to verify days and times, unanimous.

Discussion on park & rec fees for swimming pool, athletic playing fields, pavilions, etc., no motion at this time. Further information needed from league participants.

Request for name change of West Side Park to memorialize Arthur Phillips was tabled for future consideration. Suggestions were made for naming the future pavilion or boulevard entry way after Phillips.

No report from Chair regarding council action for park & rec board.

No report or update on parks, season is winding down and bathrooms will be closed soon.

No aquatic report, season is over.

Old business – will continue to seek information on advertising in parks. Received a letter from ECP, they donated $150.00 to the park for installation of sink and water in the press box.

No new business.

Motion to adjourn at 7:30 p.m. by Modaff/Ringhand, unanimous.

Next meeting November 17, 2008, 6:00 p.m.

Monday, October 13, 2008

Minutes: Finance: October 9, 2008

City of Evansville
Finance & Labor Relations Committee

Regular Meeting
Thursday, October 9, 2008, 5:30 pm
City Hall, 31 S. Madison Street, Evansville, Wisconsin

MINUTES

I. Call to Order. The meeting was called to order at 5:30 pm by Chair Tom Cothard.

II. Roll Call. Present: Alderpersons Tom Cothard, Mason Braunschweig, and Diane Roberts. Also present: Mayor Sandy Decker, Finance Director Lisa Novinska, Administrator Dan Wietecha, and Municipal Judge Tom Alisankus.

III. Approve Agenda. Roberts made a motion, seconded by Cothard, to approve the agenda as presented. Motion approved unanimously.

IV. Minutes of September 4, 2008, Meeting. Cothard made a motion, seconded by Roberts, to waive the reading of and to approve the minutes as presented. Motion approved unanimously.

V. Citizen Appearances. None.

VI. Water and Light Bills. Cothard made a motion, seconded by Braunschwieg, to approve the Water and Light bills in the amount of $748,031.88 and authorize their payment. Motion approved unanimously on a roll call vote.

VII. City Bills. Cothard made a motion, seconded by Roberts, to approve the City bills in the amount of $637,779.07 and authorize their payment. Motion approved unanimously on a roll call vote.

VIII. Unfinished Business.
a. 2009-2013 Capital Budget. Novinska walked the committee through the capital budget recommendations with her written memo. Additional revisions by the committee included: delaying tuckpointing of city hall, reducing the amount for park projects, and reducing the amount for public works equipment replacement. Braunschweig made a motion, seconded by Cothard, to recommend to Common Council approval of the revised 2009-2013 Capital Budget. Motion approved unanimously on a roll call vote.

b. 2009 Operating Budget. Novinska walked the committee through the operating budget recommendations with her written memo. Additional revisions by the committee included: increasing dog and cat license fees, imposing soccer field rental fees, increasing picnic shelter rental fees, increasing cemetery interment fees, increasing funding for the municipal judge salary, reducing building inspector training expenses, reducing the youth center programming contract, and eliminating funding to Evansville Community Partnership. Cothard made a motion, seconded by Roberts, to recommend to Common Council the First Reading of Ordinance 2008-19, Adopting 2009 Operating Budget and Setting Levies. Motion approved unanimously on a roll call vote. Cothard made a motion, seconded by Braunschweig, to recommend to Common Council publication of the proposed 2009 Operating Budget. Motion approved unanimously.

IX. New Business.
a. Historical Society Subgrant Application. Decker explained that the grant is to cover expenses associated with nominating additional properties for listing on the National Register of Historic Places. The grant does not require a local match but is only paid on a reimbursement basis. Motion by Cothard, seconded by Braunschweig, to recommend to Common Council approval of Resolution 2008-19, Authorizing the City Administrator to Apply for a Certified Local Government Subgrant from the Wisconsin historical Society.

b. Lake Leota Financing. Wietecha walked the committee through several alternatives prepared by Ehlers & Associates regarding potential financing for the Lake Leota dredging project. Cothard made a motion, seconded by Roberts, to recommend to Common Council utilizing Option #4, level principal and interest payments over 20 years, as the potential debt structure for the proposed project. Motion approved unanimously.

X. Adjournment. Braunschweig made a motion, seconded by Roberts, to adjourn. Motion approved unanimously at 7:50 pm.

Friday, October 10, 2008

Minutes; Common Council: September 2008

Common Council
Regular Meeting
Tuesday, September 9, 2008 6:30 p.m.
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

1. Call to order. Mayor Sandy Decker called the meeting to order at 6:30 p.m.

2. Roll call. Members present: Mayor Sandy Decker, Alderpersons Mason Braunschweig, Todd Culbertson, Barb Jacobson, Janis Ringhand, Diane Roberts, Dennis Wessels and Tony Wyse. Tom Cothard was absent. Staff present: Dan Wietecha, City Administrator; Judy Walton, City Clerk; and Mark Kopp, City Attorney. Several members of the public were also present.

3. Approval of Agenda. Braunschweig made a motion, seconded by Roberts to approve the agenda with the removal of item 7B(3). Motion approved unanimously.

4. Approval of Minutes. Braunschweig made a motion, seconded by Roberts to waive the reading of the minutes of August 12, 2008, regular meeting and August 16, 2008, meeting as the Committee of the Whole and to approve them as presented. Motion approved unanimously.

5. Citizen appearances. None

6. Proposed Lake Leota dredging project

A. Public Comment. John Sornson, 249 Franklin St; Prentice Eager, 249 Eager Ct; Harlin Miller, 123 N Fifth St; Rodney Courtier, 240 Kinsey Ct; spoke in favor of the project citing recreational needs, historic value, and the need to remove the negative look due to the present condition. Milford Frome, 230 Garfield requested that funds for this project be placed in the budget without a referendum; Ann Wiedenhoeft, 256 W Main St; Kelly Gildner, 8409 N Hwy 14; stated their support but without a referendum. Jack & Sceone Gard, 263 E Main St, stated their support for the project and the referendum. Jeff Farnsworth, 125 Garfield, stated that the Lake is one of the reasons people are drawn to Evansville. Diane Bailly, 680 W Main St, questioned the affordability of the project. Randy Rinehart presented a petition with 34 pages of signatures urging the Mayor and Common Council to support this project.

B. Recommendation from Public Works Committee
Braunschweig made a motion, seconded by Roberts to place the following language for a referendum regarding the future of Lake Leota on the November 4, 2008, general election ballot: “Shall the Evansville Common Council approve spending an amount not to exceed $1.75 million in order to restore Lake Leota?” Braunschweig made a motion, seconded by Roberts to amend the motion by striking $1.75 million and inserting $2 million. Council discussed the pros and cons of adding the construction of the culvert under the railroad tracks to the cost of the project. Amendment approved 4-3 with Braunschweig, Jacobson, Roberts and Wessels in favor; Culbertson, Ringhand, and Wyse against. Main motion, as amended, approved unanimously on a roll call vote.

C. Braunschweig made a motion, seconded by Ringhand to approve terms of agreement with Every Survivors Trust for easement and use of property for placement of soil materials from the Lake Leota dredge project. Motion approved unanimously on a roll call vote.

D. Ringhand made a motion, seconded by Roberts to approve terms of agreement with Rod Courtier for easement during the Lake Leota dredge project. Motion approved unanimously.

E. Ringhand made a motion, seconded by Wessels to approve hiring Vierbicher Associates to prepare bid documents and contract specifications for the Lake Leota dredge project at a cost of approximately $8,000 to $10,000. Braunschweig made a motion, seconded by Ringhand to amend the motion by striking of approximately $8,000 to $10,000 and inserting not to exceed $10,000. Motion approved unanimously. Main motion, as amended, approved unanimously on a roll call vote.

7. Reports of Committees
A. Plan Commission Report. None

B. Finance and Labor Relations Committee Report
(1.) Braunschweig made a motion, seconded by Roberts to approve Water & Light bills and authorize their payment in the amount of $710,709.83. Motion approved unanimously on a roll call vote.
(2.) Braunschweig made a motion, seconded by Ringhand to approve the City Bills and authorize their payment in the amount of $344,698.14. Motion approved unanimously on a roll call vote.
(3.) Motion to approve revision of agreement with Teamsters Local Union 579 regarding Lineman and Line Foreman wage rates.
(4.) Braunschweig made a motion, seconded by Ringhand to approve terms of Landmark Services Cooperative to assume obligations of North Prairie Productions. Wietecha reviewed his recommended terms as outlined in his memorandum. Motion approved unanimously on a roll call vote.

C. Public Safety Committee Report. None

D. Public Works Committee Report
(1.) Braunschweig made a motion, seconded by Ringhand to adopt “red-flag” policy pursuant to Section 114 of the Fair and Accurate Credit Transaction Act of 2003 [16 CFR 681.2]. Motion approved unanimously.

E. Water & Light Committee Report. None

F. Economic Development Committee Report. None

G. Redevelopment Authority Report. None

H. Parks and Recreation Board Report. None

I. Historic Preservation Commission Report. None

J. Fire District Report. None

K. Police Commission Report. None

L. Evansville-Union Implementation Committee Report. Ringhand stated they are reviewing boundary agreements from other communities.

8. Unfinished Business.
A. Braunschweig made a motion, seconded by Ringhand to approve Ordinance 2008-15, Amending the Chapter 46 of the Municipal Code Regarding Noxious Weeds and Rank Vegetation. (Sponsors: Braunschweig and Ringhand). Motion approved unanimously.
B. Roberts made a motion, seconded by Ringhand to approve Ordinance 2008-16, Relative to Speed Limits on Park Service Roads. (Sponsors: Cothard and Roberts). Motion approved unanimously.

9. Communications and Recommendations from the Mayor
A. Decker reminded Council of the League of Wisconsin Municipalities Annual Conference, October 22-24 in Stevens Point, and the Early Bird Registration Deadline is September 30.
B. Decker presented her Mayoral Proclamation Congratulating St. John’s Lutheran Congregation on the Fiftieth Anniversary of the Dedication of their Church at 312 South Third Street.

10. Communications from the City Administrator
A. Wietecha reminded Council of the 2009 Operating Budget Presentation Meeting on Wednesday, September 24, 6:00 at the Fire Hall.

B. Wietecha stated the Audit for the Year Ending December 31, 2007 is complete and the Auditor’s recommendations are being worked on with some items already completed.

C. Wietecha stated the Request for Proposals (RFP) for the City Planner would be sent by the end of the week.

D. Wietecha reviewed the Request for Proposals (RFP) for the Senior Services Coordinator.

11. New Business. None

12. Introduction to New Ordinances
A. Roberts presented the First Reading of Ordinance 2008-17, Annexing Territory of the City of Evansville, Wisconsin. (citizen initiated ordinance, no sponsor necessary – two parcels adjoining Celtic Ridge)
B. Braunschweig presented the First Reading of Ordinance 2008-18, Amending the City’s Zoning Map as Adopted in Chapter 130. (citizen initiated application, no sponsor necessary – rezone Curves property at 504 East Main Street)

13. Adjournment. Roberts made a motion, seconded by Braunschweig to adjourn at 7:47 p.m. Motion approved unanimously.

Prepared by:
Judy Walton
City Clerk

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

Minutes; Historic Preservation: September 2008

Evansville Historic Preservation Commission
Minutes
Wednesday, September 17, 2008 7:00 P.M.
3rd Floor, City Hall

Present: Rich Modaff, Dennis Wessels, Betsy Ahner, John Decker, Steve Christens, Steve Culbertson Absent: Rick Schuch
Also Present: Chris Stephenson

The meeting was called to order at 7:00 PM by chair Rich Modaff, he noted there was an error in the agenda. It stated the date of the last meeting was July 16 and it should have read, August 21. Motion by Dennis Wessels, second by Steve Culbertson to waive the reading of the Aug 21, 2008 minutes and approve them as read. Motion carried.

Applications – Appearances:

8 W. Main - Evansville Chamber of Commerce, the chamber would like to put its name on the awing. The sign ordinance says it needs to be on the vertical flap. Motion by John Decker to approve the application provided it meets our adopted design review standards and is limited to print on the vertical flap. Second by Dennis Wessels. Motion carried.

Old Business:

There is no old business.

Administrative:

a. Budget – firm figures on money that has been committed were not available but include, 3 dvds of the Bob Yapp video on fixing windows in historic buildings, $600 for the Arrowhead Library System to digitize records in the History Room, banners for downtown, membership in the Wisconsin Historic Preservation Commission, and the History Hunters. The City will not cut checks for these amounts unless Rich specifically directs them to, so he will make sure it has all been done. John pointed out that if our application for funding to make an application for the new Historic Districts is successful, the City would have to pay the bills and submit an invoice for reimbursement. It may take up to 30 days for them to be paid. Motion by John Decker to request funding for the Historic Preservation Commission for 2009 at the same level as 2008 with the understanding that we will apply for up to $18,000 for the National Register Application. Should we get this grant the City will have to front the money and if we don’t get the grant we will not ask for any money for the Historic Register. Second by Dennis Wessels. Motion carried.
b. Grove Society – the Primetimers Woodchuck group is forming with 11 – 12 retired members who are interested in starting a woodworking shop as part of the Senior Center. The school district has offered space and they have received a donation of tools. They are interested in helping with the Baker Building project. Petterson Plumbing is donating the plumbing and Kaehler Electric is doing the electrical for a very good price. Paul Davis Restoration is donating the drywall work through the primer paint. Upcoming expenses include insulation, more lumber, electrical, carpeting for the ECP side, flooring for the museum half and the construction of the handicap ramp. One more interior door is needed and it looks like the school has one that is a match that we can have. There are also a roof repair, landscaping and storm windows to be done. The finish carpentry is being donated by Rick Schuch and the Woodchucks. We are currently negotiating a lease with ECP. We will not charge them rent in exchange for their staffing of the museum and payment of utilities. John would like to request fund from HPC for the project. Economic Development has voted to give $500. Also, a Grove Society member has announced a challenge grant and will match dollar for dollar up to $5,000. The Grove Society Annual meeting is October 30 in the Eager Building, lower level. We invite you to attend and see the museum display boards that have been built and mounted.
c. Redevelopment Authority – the luncheon for business owners is on hold. Conversations may be help with individual property owners in the district.
d. Plaque Program Applications – none
e. Management of HPC Documents & Records – nothing new to report
f. Additional Historic Districts – there will be an open house on Saturday at 10:00 am in the library. Joe DeRose and Tim Heggland will present information on the benefits of being in a historic district. John has written to everyone in the district and asks that HPC members make phone calls. He will send out an email with names and phone numbers.
g. Discussion of Historic Landmarks – nothing new to report

Other Business:

a. Correspondence- none
b. Comments and concerns – none

There being no other business motion by Dennis Wessels to adjourn. Second by Steve Culbertson. Motion carried.

Monday, October 6, 2008

Minutes: Plan Commission: September 2008

City of Evansville Plan Commission
Regular Meeting
Monday, September 2, 2008, 6:00 p.m.
City Hall (Third Floor), 31 S. Madison Street, Evansville, Wisconsin

MINUTES

1. Call to Order. The meeting was called to order at 6:00 p.m. by Chair Sandy Decker.

2. Roll Call. Members Present: Jim Brooks, Sandy Decker, John Gishnock, Bill Hammann, Diane Roberts, and Gil Skinner. Member Absent: Mason Braunschweig. Others Present: City Administrator, Dan Wietecha; City Planner, Tim Schwecke. Several members of the public were also present.

3. Approve Agenda. Hammann made a motion, seconded by Skinner to approve the agenda as printed. Motion approved unanimously.

4. Approve Minutes. Hammann made a motion, seconded by Roberts, to waive the reading of the minutes from the August 4, 2008 regular meeting and to approve them as printed. Motion approved unanimously.

5. Citizen Appearances other than agenda items listed. None

6. Action Items. Items 6A & 6B were acted on after 6C & 6D to allow time for Fire Department representatives to arrive.

A. Conditional use to establish a communication tower at 425 Water Street, Evansville Area Fire Department, applicant (Application 2008-28). Fire Chief, Mike Halvensleben, explained the need for and the location of the tower. Their existing tower will remain in place for the Police Department, as that is the most cost effective option. Schwecke reviewed his staff report. Brooks suggested changing the staff recommendation by replacing fire department with emergency services providers. Decker opened the public hearing at 6:25 p.m. Bob Janes questioned the limitations of the antennas. Schwecke explained that towers are designed with a specific load and too many antennas would negatively affect the tower. Decker closed the public hearing at 6:27 p.m. Hammann made a motion, seconded by Roberts to act on the application (not defer to a later date). Motion approved unanimously on a roll call vote. Hammann made a motion, seconded by Skinner to approve the application with the conditions as contained in the staff report based on the findings as contained in the staff report and the conclusion that the public benefits of the proposed use outweigh any and all potential adverse impacts, if any. Hammann made a motion, seconded by Skinner to amend the motion by changing the staff recommendation by deleting the words fire department and inserting the words emergency services providers. Motion approved unanimously. Main motion, as amended, approved unanimously.

B. Site plan for 100-foot antenna at 425 Water Street, Evansville Area Fire Department, applicant (Application 2008-29). Fire Chief, Mike Halvensleben, stated the tower was to be placed close to the building to improve reception. Schwecke reviewed his staff report. Anti-climbing precautions, lighting and tower base support were discussed. Hammann made a motion, seconded by Skinner to approve the application with conditions as contained in the staff report (and other conditions as may be imposed by the Commission). Motion approved unanimously.

C. Conditional use to establish a 3-unit multi-family building at 28-30 Garfield Avenue, Eager Fox LLC, applicant (Application 2008-30). John Willoughby stated that the property has been a 3-unit since 1946 and therefore the applicant is not creating anything new. He added that use of the dwelling was discontinued for 12-18 months for repair and upgrades. Chris Eager, applicant, explained the property’s driveway and onsite parking. The dwelling is required to have a firewall added and cosmetic repairs need to be done. Schwecke reviewed his staff report with the Commission. Decker opened the public hearing at 6:10 p.m. No one spoke. Decker closed the public hearing at 6:11 p.m. Hammann made a motion, seconded by Brooks to act on the application (not defer to a later date). Motion approved unanimously on a roll call vote. Hammann made a motion, seconded by Skinner to approve the application with the conditions as contained in the staff report based on the findings as contained in the staff report and the conclusion that the public benefits of the proposed use outweigh any and all potential adverse impacts, if any. Motion approved unanimously.

D. Site plan for 3-unit multi-family building at 28-30 Garfield Avenue, Eager Fox LLC, applicant (Application 2008-31). Schwecke reviewed his written report, explaining the need for the conditional use was due to the period of time the dwelling was vacant. The Commission discussed the parking layout. Hammann made a motion, seconded by Roberts to approve the application with conditions as contained in the staff report (and other conditions as may be imposed by the Commission). Motion approved unanimously.

7. Discussion items.
A. Update on development agreement for Celtic Ridge Subdivision. Wietecha stated the first reading of the annexation ordinance will be presented to Council next week.

B. Report of Unified Land Development Code (ULDC) Advisory Committee. Hammann led the discussion regarding the sewer service maps. They have not received the southwest quadrant map.

C. City Planner Request for Proposals (RFP). Wietecha stated these should be mailed by the end of next week.

8. Preliminary development presentations. None.

9. Update and discussion regarding Rock County’s draft smart growth comprehensive plan. Decker directed the Commission to the Intergovernmental Cooperation Element information in the packet. The next meeting is 6:00 p.m. on Thursday, October 16th. It is anticipated that the draft of the Housing Chapter will be approved and the first drafts of the Intergovernmental Chapter and the Economic Development Chapter will be presented. The next meeting will be November 20th and the final meeting is scheduled for December 18th.

10. Update on administrative review of Site Plan Amendments. None.

11. Update on submittal of Community Rating Score (CRS) application. None.

12. Report of Evansville Redevelopment Authority.
A. Transit Orientated Development. Wietecha stated this is in early discussion, but on the radar screen.

13. Report of the Historic Preservation Commission.
A. Additional Historic Districts - State Historic Society Meeting September 20th. Decker stated there was an intensive survey done in 2006. There are potentially two additional areas identified as historic districts.

14. Future Utility Service Area Maps. Discussed previously under Item 7B.

15. Unified Land Development Code (ULDC) Advisory Committee. Hammann stated they are starting land use.

16. Update on Common Council Actions relating to Plan Commission recommendations. None.

17. Update on Board of Appeals actions relating to zoning matters. None.

18. Enforcement. None.

19. Upcoming Meetings. Monday, October 6, 2008.

20. Adjournment. Roberts made a motion, seconded by Skinner, to adjourn at 7:04 p.m. Motion approved unanimously.

Prepared by:
Judy Walton
City Clerk

The minutes are not official until approved by the Plan Commission at their next regular meeting.

Sunday, September 28, 2008

Minutes: Evansville Plan: July 5, 2005

Plan Commission
Regular Meeting
Tuesday, July 5, 2005, 6:00 P.M.
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

The meeting was called to order by Mayor Ringhand at 6:00 PM. Present were: Mayor Ringhand, Ald. Aikman, Ald. Hammann, Ms. Dickert, Messrs. Sauer, Skinner, and Vrstal. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Jim Beilke, Clerk/Treasurer. Also present was Ald. Cothard and Ald. Sornson.

The Agenda was approved as printed.

Motion by Hammann, seconded by Sauer, to waive the reading of the June 6th, 2005 Minutes and approve them as printed. Motion carried.

Citizen Appearances Other Than Those Agenda Items Listed. None.

Unfinished Business.
The commissioners reviewed an updated draft of proposed amendments to subdivision regulations, which covers storm water management and erosion control. Mr. Connors said he would attempt to complete the re-formatting of these provisions in time for the ordinance to receive its first reading at the July 12 Common Council meeting.

Mr. Schwecke reported that he has not yet had an opportunity to meet with representatives of the business and development communities about enacting architectural design standards. Mr. Connors reviewed the purpose of the new agenda format and public hearing process with the Commission.

New Business
The Commission took up Francois Oil Co.’s application for rezoning. Mr. Connors stated Francois Oil Co.’s earlier application for rezoning covered the lot immediately to the east of Citgo’s lot, but the site plan showed another 20 feet of land from the next lot. The new application would correct this oversight by zoning the 20 feet of land from Residential District One (R-1) to Community Business District (B-3). Tom Ness, 270 E. Main, talked about how the bufferyard was moving the business closer to his home.

Motion by Hammann, seconded by Sauer, to act on the Application #2005-10 relating to the zoning map amendment for the Citgo Convenience Store/Gas Station. Motion carried.

Motion by Hammann, seconded by Skinner, to recommend to the Common Council the adoption of Ordinance #2005-15, which would amend the city’s zoning map by changing the zoning classification of the subject property as specified from Residential District One (R-1) to Community Business District (B-3).
Motion by Hammann, seconded by Skinner, amending motion to recommend to the Common Council a zoning change for the easterly 20 feet of the subject property from Residential District One (R-1) to Community Business (B-3) based on the findings as contained in the staff report and on the conclusion that the public benefits of the proposed zoning classifications outweigh any and all potential adverse impacts, if any. Motion carried

The original motion, as amended, carried.

Ron Combs gave an overview of the application to divide Grand Orchard Estates (Rachel Elmer’s land) into 52 residential lots along with 3 non-buildable outlots.

Motion by Hammann, seconded by Vrstal, to act on the proposed land division Application #2005-8 for Grand Orchard Estates subdivision. Motion carried.

Motion by Hammann, seconded by Sauer, to recommend to the Common Council the approval of the land division with conditions as may be contained in the staff report and other conditions as may be imposed by the Plan Commission.

Mr. Schwecke gave an overview of his staff report containing 24 points on concerns pertaining to the Grand Orchard Estates subdivision Application #2005-8.

Motion by Hammann, seconded by Skinner, to recommend to the Common Council the approval of the division of the subject property into the lots as shown on the preliminary plat, based on a finding that the subdivision is environmentally sound and there is adequate public facilities available to meet the needs of the subdivision, provided the following 24 stipulations are satisfied prior to filing of the final plat. Motion carried.

The original motion, as amended, carried.

Mr. Connors stated the staff report on the application for rezoning the Grand Orchard Estates subdivision lists lots to be rezoned R-1B, but Ordinance #2005-16 list these lots as being rezoned LL-R12A. After the application for rezoning was submitted, the preliminary plat was revised to increase the size of some lots, so all of the lots that were listed R-1B became large enough to be LL-R12A. The minimum house size in the R1-B and LL-R12A districts is the same (1,450 sq. ft.).

Motion by Hammann, seconded by Skinner, to act on the proposed ordinance (Application #2005-9) relating to Grand Orchard Estates subdivision. Motion carried.

Motion by Hammann, seconded by Skinner, to recommend to the Common Council a zoning change for the subject property from Agricultural District One (A-1) to LL-R12A, LL-R12B and R-2 based on the findings as contained in the staff report and on the conclusion that the public benefits of the proposed zoning classifications outweigh any and all potential adverse impacts, if any, and to amend the city’s zoning map accordingly.

Motion by Ringhand, seconded by Skinner, amend motion to remove “Westfield Meadows” subdivision on page 1, line 18, of Ordinance #2005-16 and insert “Grand Orchard Estates” subdivision. Motion carried

The original motion, as amended, carried.

Motion by Hammann, seconded by Sauer, to recommend to Council approval of site plan application for Ace Hardware (Application #2005-11) with conditions as may be contained in the staff report and other conditions as may be imposed by the Plan Commission.

Roger Berg gave an overview of the site plan application. Dave Warren expressed the need to expand space for Ace Hardware to meet the needs of his customers. With the potential of attracting upwards of 100,000 customers a year, Ald. Sornson led a discussion with the Commission regarding the traffic impact on USH 14. They discussed the possibility of a by-pass lane on USH 14. Mr. Morning is obligated to construct a by-pass lane and has given the City a letter of credit for the cost of constructing the by-pass lane, but the exiting right-of-way is not sufficient. The land (12-15 feet) needed for the right-of-way, which is south of the highway, is owned by D&D Development. The City may have the ability to obtain the land through eminent domain powers. Mr. Connors will forward to the developers the needed dimensions of the land for the by-pass lane. The discussion turned to an entrance onto USH14 from the south side of the subject property. The State would not allow another access to USH 14 unless it was moved significantly to the east from the current intersection. The discussion turned to the issue of sidewalks. Ald. Hammann recommended that sidewalk be put on Ace site plan. Mr. Connors stated the Bank of Evansville was not required to have sidewalks on the south side of Brown School Road, just on the east side of J. Lindemann Dr. Thus a sidewalk on Ace Hardware site plan would be inconsistence with the adjacent property. In previous meeting, it was decided that the commercial side of Brown School Road did not need sidewalks, but the residential side needed sidewalks. The discussion turned to the by-pass lane again, and who will pay for the additional costs associated with the acquisition of the needed land.

Motion by Hammann to table the original motion until all the issues are resolved. Motion failed for lack of a second.

The developers requested a recess, so that they can discuss this matter among themselves.

Mayor Ringhand called for a five-minutes recess at 8:11 p.m.

Meeting reconvened at 8:18 p.m.
Regarding the bypass-lane issue, Attorney Jeff Roethe proposed that John Morning would be responsible to pay the costs to acquire 15 feet of additional right of way according Engineer Sauer’s dimensions and to pay the cost of the condemnation action if required, with Mr. Roethe’s firm to represent the city in the condemnation action. Regarding the sidewalk, Attorney Roethe proposed that if the Bank of Evansville agrees to put in sidewalk on the south side of Brown School Road, they will put in matching sidewalks from that moment. They do not want to voluntarily to consent to sidewalks at this time, because it is contrary to want the Plan Commission did prior to Ace Hardware application.

Motion by Hammann, seconded by Sauer, amending the original motion to include: additional curb on the east entrance of development, outside storage for the fertilizers or chemicals that are storage outside under a roof or inside the building, street repairs to Brown School road due to this construction are to be completed at the cost of the developer, the six-inch storm sewer is acceptable, John Morning is responsible for obtaining, at his own cost, the additional 15 feet of right of way, for paying the cost of a condemnation action if necessary, and any cost of moving utilities from the utility easement where the additional right of way will be located, a lighting plan is submitted to and approved by the Plan Commission (or city engineer), enclose the garbage dumpster with a fence that is constructed of wood or brick that complements the appearance of the building, and confirmation that they have approval from the State to allow the ground sign along USH 14 located outside of the 60-foot highway setback or is otherwise allow within the setback area, and they agreed to put in sidewalks if the Bank of Evansville agrees to put in sidewalks along south side of Brown School Road. Motion carried.

The original motion, as amended, carried.

Motion by Hammann, seconded by Skinner, to act on the land division Application #2005-12 for Ace Hardware, carried.

Motion by Hammann, seconded by Skinner, to recommend to the Common Council the approval of division of the subject property (in Application #2005-12) into lots as shown on the preliminary certified survey map, based on a finding that the subdivision is environmentally sound and there is adequate public facilities available to meet the needs of the subdivision, provided the following stipulations are met prior to filing of the final plat: (1) comply with all provisions of chapter 110 of the Municipal Code and state, (2) Depict intra-block drainages, if any, on the final plat with arrows indicating the direction of flow along with the following notation: “Arrows indicate direction of drainage swale construction during grading and such swales shall be maintained by the lot owner, unless modified with approval of the city engineer”, (3) Obtain written authorization of the proposed subdivision from the public works department and the water and light department, (4) All on-site electrical, telephone, and cable service shall be placed underground, and (5) Place the following narrative on the face of the plat: “Depending on the zoning district classification(s) of adjoining parcels, it is possible that bufferyard may be required along one or more of the property boundary lines to comply with city zoning standards. The motion carried.

The Commission took up the Evansville Community Church’s application for a conditional use permit. Sandy Decker, Chairperson of the Historic Preservation Commission, raised the issue that the conditional use permit application for Evansville Community Church must be reviewed by the Historical Preservation Commission.

Ald. Hammann asked what are the hours of operation. Chris Lark, 235 S. Madison St., informed the Commission the hours will be 7:00 AM to 11:00 PM. Additionally, the building is being prepared for the youth center. Lark stated the activities of the Christian youth center would be geared to kids who use the facilities.

Motion by Hammann, seconded Skinner, to act on the conditional use permit (application #2005-13) from Evansville Community Church. Motion carried.

Motion by Hammann, seconded by Skinner, to recommend to City Council approval of the conditional use permit based on the findings as contained in the staff report, building inspector inspects the building to make sure it meets code for its intended use, contingent on review by and a positive recommendation from the Historical Preservation Commission, and hours of operation will be between 7:00 AM to 11:00 PM. Motion carried.

Motion by Hammann, seconded by Vrstal, to act on the proposed Ordinance amending the Municipal Code Relative to Sidewalk Cafes in B-2 district. Motion carried.

Motion by Hammann, seconded by Sauer, to recommend to the Common Council the adoption of Ordinance #2005-21, which would amend the city’s zoning code by allowing sidewalk cafes in the Central Business District (B-2) as a conditional use provided specified standards can be met.

Ald. Hammann led the discussion on sidewalk obstruction that no portion of the sidewalk café may impede pedestrian movement. All food shall be prepared within the restaurant. No alcohol beverages may be served or consumed in the sidewalk café.

Motion carried.

The Commission took up the issue of drive-through windows in the B-2 district. Discussion centered on the safety of drive-though windows in a downtown area. The Preservation Commission strongly opposes the blanket expansion of drive-through windows for all businesses in the Historic District.

Motion by Hammann, seconded by Sauer, to act on the proposed ordinance relating to drive-though windows in the B-2 district. Motion carried.
Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #2005-22, which would amend the city’s zoning code by allowing drive-though windows for all types of commercial enterprises in the Central Business District (B-2) as a conditional use provided specified standards can be met.

Ald. Aikman discussed how drive-through windows do not fit into the downtown appeal and history. She raised the issue of safety to pedestrians and how other communities do not have drive-though windows in their downtowns. She pointed to how the code may conflict with exiting businesses.

Mr. Vrstal discussed how an application for a drive-though window would have to come the Plan Commission where safety issues could be addressed. He discussed the limited downtown parking issue and how the City could design guidelines that would make drive-though windows safe. Finally, the Commission discussed the language in the ordinance with the Administrator Connors.

On a roll call vote, Ald. Hammann, Mr. Sauer, and Mr. Vrstal voted in favor. Ald. Aikman, Ms. Dickert, Mr. Skinner, and Mayor Ringhand voted against. Motion failed.

John Decker, 143 W. Main St., asked if there was a staff recommendation on the ordinance regarding “Institutional Residential Use in Residential Districts.” Mr. Connors reviewed the ordinance, stating that city purchased new parts of the zoning code, and they did not do anything with the residential districts. Now he tried to harmonize two conflicting parts of the zoning code regarding “institutional residential use” and to get rid of restrictions regarding vehicular access to institutional residential uses and commercial uses in the business zoning districts. John Decker raised concerns regarding how the proposed ordinance would adversely affect the possible expansion that the Evansville Manor is considering. From Evansville Manor, Cliff Woolever, 11030 N East Union Rd., expressed concerns regarding setbacks requirements, parking spaces, and CBRF-siting for his business outlined in a letter.

Motion by Ringhand, seconded by Hammann, to act on the proposed ordinance relating to institutional residential used in the R-1, R-2, and R-3 districts. Motion carried.

Motion by Hammann, seconded by Sauer, to recommend to the Common Council the adoption of Ordinance 2005-23 which would amend the city’s zoning code by allowing “Institutional Residential Use” in Residential District One (R-1), Residential District Two (R-2), and Residential District Three (R-3) as a conditional use provided specified standards as revised can be met.

Motion by Hammann, seconded by Sauer, to amend the ordinance (1) on page 2, line 18, re-insert text of section 130-376 (3) A and B; (2) on page 2, line 8, change “50” to “35;” and (3) on page 1, strike the text on line 7. Motion carried
Connors discussed that this ordinance tried to accomplish two things, “institutional residential use” and vehicular access. The Commission decided to deal with vehicular access at later date and to strike out sections 3, 4, 5, 6, and 10 from the ordinance.

Motion by Hammann, seconded by Sauer, to amend the ordinance to strike section 3, 4, 5, 6, and 10 and to strike out page 1, lines 10 and 11, from the title of the ordinance. Motion carried

The original motion, as amended, carried.

The Commission took up the issue of sandwich board signs in the B-2 district. Nicole Hamby, 15846 W. Union Rd., spoke in favor of addition signs to counteract the negative impact of the road construction.

Motion by Hammann, seconded by Skinner, to act on the proposed ordinance relating to sandwich signs in the B-2 district and temporary signage during road construction projects. Motion carried

The Commission discussed this ordinance allows only signs in the historic district or the central business district with a sign permit.

Motion by Hammann, seconded by Skinner, to recommend to the Common Council the adoption of Ordinance #2005-20 which would amend the city’s sign code by allowing: (1) sandwich signs in the Central Business District (B-2) on city sidewalks provided specified standards can be met and (2) temporary signage during major road reconstruction projects.

The motion carried.

Motion by Hammann, seconded by Vrstal, to act on the proposed ordinance relating to the status of nonconforming signs following the termination of a business and other unrelated revisions intended to clarify existing provisions. Motion carried.

Motion by Hammann, seconded by Vrstal, to recommend to the Common Council adoption of Ordinance 2005-19 which would amend the city’s sign code by clarifying: (1) the status of nonconforming signs following the termination of a business and (2) other unrelated provisions.

Nicole Hamby asked for explanation of the current sign regulations and the changed that would be made by the proposed ordinance. Mr. Connors explained the ordinance would add introductory text to the sections of the sign regulations (because the titles of the sections are not part of the regulations), correct inconsistencies in awning, canopy, and marquee terms, clarify when a legal non-conforming sign of a terminated business loses its legal non-conforming status, and how to classify signs. The intention is to clarify current sign regulations consistent with staff’s interpretation and not to change current sign regulations.

Ald. Hammann asked who is responsible for taking down signs of terminated businesses. Mr. Connors stated that regulation states that if a sign is not taken down after six months, the zoning administrator will notify owner they have 30-days to take down the sign. An earlier ordinance changed the sign regulations to say that if the building owner fails to take down the sign, the public works department could do so and bill the building owner for the cost, or the City Attorney could seek to fine the building owner in the municipal court. Mr. Connors stated public works could hire outside vendor to tear down signs. Nicole Hamby asked if the former owner or current owner of a building would be responsible for taking down the sign of a terminated business. Mr. Connors said the current owner would be responsible, so a purchaser of a building might want to require the seller to take down all signs.

Preliminary Development Presentations. None

City Planner’s Report.
Mr. Schwecke provided an update on Badger Cycle, including that Tom Nonn has removed the sign from the building. Additionally, Mr. Schwecke continued with two issue in the sign code that he recommends to be addressed: (1) the sign code gives a property owner 30 days to remove illegal temporary signs, and (2) an issue related to banner signs, which do not need a sign permit. Finally, Mr. Schwecke recommended that the Plan Commission amend the zoning code to clarify that the person who is creating a lot needs to provide a bufferyard when the abutting lots have “incompatible uses” with the new lot.

Report of the Evansville Redevelopment Authority.
The Redevelopment Authority is considering requesting the Council to enlarge the downtown TID.

Motion by Hammann, seconded Skinner, to adjourn, carried. The meeting adjourned at 10:56 PM.

Prepared by:
James A. Beilke
City Clerk/Treasurer

The Minutes of the Plan Commission are not official until approved by Plan Commission.

Minutes:

Evansville Plan Commission
Regular Meeting
Monday, May 2, 2005, 6:00 p.m.
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

The meeting was called to order by Mayor Ringhand at 6:02 p.m. Present were: Mayor Ringhand, Ald. Aikman, Ald Hammann, Mr. Sauer, Mr. Vrstal, and Ms. Dickert. Mr. Skinner arrived at 6:03 p.m. Staff present: Tim Schwecke, City Planner and Sandra Hart, City Clerk/Treasurer. Bill Connors, City Administrator, arrived at 6:03 p.m. Also present in the audience were Ald. Cothard and Ald. Sornson.

The Agenda was approved as printed.

Motion by Hammann, seconded by Sauer, to waive the reading of the April 2, 2005 Minutes and approve them as printed. Motion carried.

Citizen appearances other than agenda items listed. None.

Unfinished Business.
Motion by Hammann, seconded by Vrstal, to remove from the table a motion to recommend to the Common Council the adoption of Ordinance #2004-19 that would rezone land within Capstone Ridge Subdivision. Motion to remove from the table carried. Motion by Hammann, seconded by Vrstal, to amend the Ordinance to delete Lot 69 from line 35 and insert Lot 69 in line 30. Motion carried. The original motion, as amended, carried.

Motion by Hammann, seconded by Vrstal, to recommend to Common Council approval of Final Land Divider’s Agreement for Capstone Ridge Subdivision. The Plan Commission instructed Mr. Connors to revise the provisions about the stormwater overflow pipe to say it must be completed no later than October 2007 unless 2/3 of the lots in phases 1 and 2 are not built out with homes.

Ald. Hammann discussed controlling the planned rate of growth as Smart Growth recommends. We are not the only community attempting to control growth. His question was does the City manage the growth or let the housing market manage the growth. He proposes to manage the City’s growth by working with the key developers with a combination of phasing and limiting the number of lots available for sale within a base. Some of this work has been done already. He would like to have the developers of Westfield Meadows, Capstone Ridge, Grand Orchard View Estates, and others stretch out the development time horizon by 25% through a combination of phases and number of lots for sale as soon as possible. He would like the growth rate for the next ten years to be the same as during the 1990s.

Plan Commission
Page 2
May 2, 2005

Mr. Vrstal said the time of this request is poor. All the developments have been planned and approved by the City and it is too late to ask them to change now. Ald. Hammann said this is only a suggestion on his part and it is not mandatory. The motion to recommend to Council approval of the final land divider’s agreement carried.

Motion by Hammann, seconded by Sauer, to recommend to Common Council approval of the final plat for Capstone Ridge Subdivision. The Committee discussed eliminating the bike path between lots 27 and 28 as it ends in the Town of Union. Currently the Town has no plans to extend the bike path from where it ends at the city limits into the township. Originally, this outlot was set aside as a future road. The final plat does not contain a road that would connect with this outlot. Mr. Schneider, Town Chair, said the Town can vacate the outlot and the property owners on both sides of the outlot receive one-half of the property. Ald. Aikman suggested this was a town issue as to extending the bike path or vacating the outlet. Mr. Connors said the City could deny approval of vacating the outlot for the future road, a term which includes a bicycle path, under the City’s power to approve or not approve extraterritorial plats.

Motion by Hammann, seconded by Vrstal, to amend the final plat to keep the bike path between lots 27 and 28 in the plat as a grassy area and not pave it. Amendment approved. The original motion, as amended, carried.

Mr. Sauer discussed the lighting plan for Citgo QuickMart and Subway Restaurant at the northeast corner of Union Street and East Main Street. He said the lighting plan submitted was acceptable. One of the items of concern when originally discussed was the hours of operation and how that affects the canopy lights. Those lights will be on during the hours of operation from 5 am to 11 pm. After the hours of operation, the lighting goes down to 3 or 4 canopy lights. The Commissioners agreed with the hours of operation and lighting.

The agenda included an update on potential sign code amendments to clarify status of nonconforming signs with a change in use. Mr. Connors said he had nothing to report on at this time, as he was waiting to hear from the City Attorney. Mr. Vrstal asked what the City’s position was while waiting to hear from the City Attorney. Mr. Connors said the City’s position is that a sign loses its legal, non-conforming status when the business terminates, not six months later.

New Business.
Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #2005-8 that would rezone the land within Westfield Meadows Subdivision.

Mayor Ringhand opened the public hearing at 8:08 p.m.
Plan Commission
Page 3
May 2, 2005

Ron Combs, surveyor for the developer, said the only change to the map was the reconfiguration of the retention pond. He reviewed the different zonings in the subdivision. Mark Painter, engineer from Fahr, Graham Associates, provided detailed information regarding the stormwater retention plan for this subdivision including a large detention pond north of the subdivision, and how it will assist in the stormwater drainage of the existing homes in this area.

Matt Gaboda, 552 South 6th Street, asked if there were any grading shots done to the subdivision to the east to know where the stormwater is flowing versus where it is suppose to flow in anticipation of where it will go in the detention pond. Mr. Painter answered that the entire site was shot as far as north of Porter Road and there are existing shots along Sixth Street and Emmanual Court and the stormwater is draining down to the proposed basin. They have also completed a field survey.

Hans Voit, 618 Emmanuel Court, said if the plans call for raised lots on Prairie View Drive and fill it in, he will have worse flooding than he already has. The rain comes within a foot of the windows in his basement. His yard slopes down and any water coming down the ditch will actually push more water onto his lot. Mr. Combs said the water will be stopped to the north and water will not get to his lot and this proposal should improve his situation.

Nancy Brooks, 563 South 6th Street, asked if the current ditch along the west side has the capacity to drain the box culvert. Mr. Painter said he did not have information to answer to this specific question.

Kevin Breibe, 595 South 6th Street, inquired how widening the creek will affect the flooding over of a narrow strip of farmland and flooding his land. Mr. Combs said the flow rate has been reduced for the entire project. No water from this project can get into the pond Mr. Breibe is talking about.

Roger Berg, Ron Road, said they have been working on this project for over a year and a lot of studies have been done. There are not simple solutions to drainage problems. His goal was to make the situation better, not only for this project, but for a larger area. Hundreds of acres were studied to gather knowledge on how handle the stormwater.

Mark Schnepper, 547 South 6th Street, asked if the project would wait until it is approved by the DNR. Mr. Berg said they have met with the DNR and included them in the loop since the start. In order to keep the builders in line with the developers who sign the land dividers agreement, there will be restrictions on basements in certain areas. It will be part of the covenants and recorded with the plat. Mr. Sauer said the City will put on each one of the lots a minimum opening for a basement window and list out those lots that should and should not have basements because of groundwater.
Plan Commission
Page 4
May 2, 2005

Matt Gaboda, 552 South 6th Street, opposes the rezoning. This land should remain zoned agriculture. The City is growing too fast and this subdivision is not needed at this time. He asked that it be tabled until there is a need. The extra time would also give time to see how the stormwater diversion is working. He also would like an independent, unaffiliated party that would enforce the standards set up. It is up to the Plan Commission and Council to make sure the violations do not happen. Covenants are only as good as they are enforced.

Nancy Brooks. 563 South 6th Street, asked about what happens to the stormwater after it goes under the bridge at Croft Road where it has not been widened. Mr. Sauer said the area after Croft Road has more slope and can handle more water. Mrs. Brooks asked that the water remedies occur before any development begins. It has taken a year to regrade the swale behind her house.

Scott Eftomoff, 345 Evans Drive, said he would like to see the grading down first and to put the development on hold. This seems like this is a done deal to proceed. He would like to address the lot size and house minimum size. He questioned building additional smaller homes. Mr. Berg said this was a balance formulated through Smart Growth to provide an equal opportunity for all people. This will become a lifelong neighborhood containing starter homes, upgraded housing, rentals, condominiums, and senior housing. There is a neighborhood friendly commercial zoning in this area for the west end of the City. There are two roundabouts to slow down the traffic.

Kris Chilson, 16126 W. Croft Road, asked if the drainage ditch widening is completed. Mr. Sauer said it is not completed yet and the existing piles of dirt currently there will be spread out later this year.

Bob McCallister, 228 W. Main Street, appreciated everything the City went through with Smart Growth and believes the City is currently in a “ying” and “yang” stage right now. He moved here because of the small town atmosphere and the historic district. He read from page 160 of the Smart Growth plan discussing an atmosphere that people value and consideration of young families. It seems that the Westfield Meadows doesn’t appear to go along with a lot of things in the Smart Growth ideas. While it is not urban sprawl, it is sprawl. The downtown and historic district are the heart and soul of the City. He worries that the downtown artery will be getting clogged with the traffic from the western growth area. He asks that Plan Commission do manage growth by limiting the number of lots for the benefit of the majority and consider making Westfield Meadows a lower priority. He requested that the City not approve sidewalks on both sides of the street. He applauds the new urbanism design and traditional neighborhood design methods discussed in Smart Growth. He hopes that alternative routes for traffic will be created to not clog up West Main Street.

Plan Commission
Page 5
May 2, 2005

Matt Gaboda said a study needs to be done regarding how this subdivision will affect the schools, infrastructure, taxes, police and EMS. The citizens that come to these meetings have the cards in their hands and the Plan Commission and Council need to listen to what they are saying. This is what elected leadership and democracy is about.

The public hearing closed at 9:02 p.m.

The Commissioners discussed the issue at length particularly as it pertained to drainage.

Motion by Hammann, seconded by Skinner, to amend the motion to rezone the greenways from A-1 to C-1, as this was omitted in the ordinance. Amendment passed. The original motion was approved as amended.

The Mayor recessed the meeting for 5 minutes.

Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #2005-9 that would revise front yard setbacks.

The public hearing opened at 9:25 p.m. No one spoke to the issue. The public hearing closed at 9:26 p.m. Motion carried.

Motion by Hammann, seconded by Sauer, to recommend to Common Council the adoption of Ordinance #20051-10 regarding the provision of sidewalks.

Mayor Ringhand opened the public hearing at 9:33 p.m.

Roger Berg asked what other communities are doing regarding this issue. Mr. Sauer said sidewalks are in a state of flux. In most communities, it is required on both side of the downtown and urban areas, but only on one side in suburban areas.

Tom Cothard said this would be an additional expense to the builders and home buyers.

John Sornson would like to see sidewalks on both sides of the street throughout the city. This is a walking community.

Ald. Hammann asked what were the results on this question in the Smart Growth survey. Mr. Connors replied 50 – 50.

The public hearing closed at 9:26 p.m.

Motion by Vrstal, seconded by Skinner, to amend the motion to have SECTION 1, (g), 3. read: “Poured concrete over a six-inch granular base.” Amendment carried.
Plan Commission
Page 6
May 2, 2005

Ald. Hammann requested a roll call vote. The motion failed on the following vote: yes: Dickert, Aikman, Skinner; no: Hammann, Sauer, Vrstal, and Ringhand.

Mr. Schwecke said he received a phone call from a business requesting outdoor seating for a restaurant in B-2 zoning. Currently, there is not a provision for outdoor seating in B-2 or any other commercial district. He recommends that the Municipal Code be amended to allow outdoor seating in B-2 zoning through a conditional use permit. The Commissioners requested an amendment be drafted and Hammann and Aikman agreed to so-sponsor it. Mr. Skinner asked that it be allowed in all business-zoned districts as a conditional use.

Mr. Connors discussed drafting an ordinance revising the subdivision chapter of the Evansville Municipal Code. This was at Ald. Hammann’s request to get subdivision approval routed before the Public Works Committee. This would provide staff the opportunity to thoroughly review all aspects of the subdivision at committee level and it could also include a time schedule. The Commissioners agreed. Mr. Connors said he had received numerous suggestions from Mr. Schwecke and would present a revised draft next month.

Preliminary Development Presentations. None.

City Planner’s Report.
Mr. Schwecke reported that he had revised the application forms and developed a database to keep track of development applications.

Report of the Evansville Redevelopment Authority. None.

Motion by Hammann, seconded by Sauer, to adjourn the meeting at 10:30 p.m. Motion carried.

Prepared by:
Sandra Hart, City Clerk

The Minutes are not official until approved by Plan Commission.