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.