Minutes: Common Council: July 11, 2006

Common Council

Regular Meeting

Tuesday, July 11, 2006, 6:30 PM

City Hall, 31 S. Madison Street, Evansville, WI

MINUTES
Mayor Decker called the meeting to order at 6:30 PM. Present were: Mayor Decker and Alderpersons Wyse, Roberts, Hammann, Sornson, Juergens, Braunschweig, and Wessels. Ald. Cothard was excused. Staff present: Mark Kopp, City Attorney; David Wartenweiler, Public Works Director; Scott McElroy, Police Chief; Mary Beaver, EMS Coordinator; Thomas Alisankus, Municipal Judge; David Sauer, City Engineer; Scott George, Water and Light Superintendent; John Rasmussen, Water and Light Line Foreman; and Jim Beilke, Clerk/Treasurer.

Approval of Agenda

Agenda items 6(G)(3), Resolution #2006-8, and 6(G)(12), TID No. 5, were removed from the agenda. The amended agenda was approved.

Approval of Minutes

Motion by Hammann, seconded by Roberts, to waive the reading of the minutes of the regular meeting for June 13, 2006 and approve them as printed. Motion passed.

Citizen appearances - None

Evansville Community Partnership Report - None

SOLE Committee

Kelly Gildner, 8409 N. Hwy 14, reported the Committee is working with Strand Engineering Company regarding the Lake Leota project.

Dean Community Center Advisory Committee (youth program operated by the YMCA of Dane County) - None

Primetimers - None

Senior Nutritional Center and Senior Transportation Program - None

Plan Commission Report

Motion by Hammann, seconded by Braunschweig, to adopt Resolution #2006-27, establishing a Town of Union—City of Evansville Intergovernmental Committee. Because the Smart Growth Committee has dissolved, this resolution would allow the two communities to continue to move forward working on solving intergovernmental issues. Motion passed.

Finance and Labor Relations Committee Report

Motion by Braunschweig, seconded by Juergens, to approve Water and Light bills and authorize their payments of $373,963.45. Motion passed unanimously on a roll call vote.

Motion by Braunschweig, seconded by Juergens, to approve the City bills and authorize their payments of $224,565.42. Motion passed unanimously on a roll call vote.

Motion by Braunschweig, seconded by Juergens, to approve Contract between State Collection Services, Inc. and City of Evansville for collections services. The city will use State Collections Service to collect delinquent personal property tax bills. Motion passed unanimously on a roll call vote.

Motion by Braunschweig, seconded by Juergens, to adopt Ordinance #2006-17, amending the Municipal Code relative to authorizing an application fee for specified comprehensive plan amendment applications. This ordinance would allow the City to collect reimbursement for staff time and costs associated with amendments. Motion passed unanimously on a roll call vote.

Motion by Braunschweig, seconded by Juergens, to adopt Resolution #2006-23, amending the City of Evansville’s Fee Schedule. This resolution records the new application fees for a floodplain development and new application fees for an amendment to the interim future land use map or future land use map. Motion passed unanimously on a roll call vote.

Motion by Braunschweig, seconded by Juergens, to adopt Ordinance #2006-18, amending Municipal Code relative to the effective date of appointments to committees, commissions, and boards. Motion passed unanimously on a roll call vote. There were discrepancies between the city’s appointments to committees in April and the code regarding starting and ending dates for committee members. This ordinance matches the April appointments to the code. Motion passed.

Motion by Braunschweig, seconded by Juergens, to adopt Ordinance #2006-19, amending Municipal Code relative to appointments of trustees of the Evansville Fire Protection District. Motion passed unanimously on a roll call vote. The code did not provide terms for the trustees of the Fire Protection District, and this ordinance provides those terms. Motion passed.

Motion by Braunschweig, seconded by Juergens, to adopt Resolution #2006-24, making a Preliminary Declaration of the Common Council’s Intent to Levy Special Assessments under Municipal Police Power under § 66.0703, Wis. Stats. The city will install or replace sidewalks on the west side of South 2nd Street from Highland Street to Fair Street and all property fronting on the north side of Fair Street from South 2nd Street to the end of the public street. Motion passed unanimously on a roll call vote.

Motion by Braunschweig, seconded by Juergens, to approve Resolution #2006-26, supporting Agreements between the City of Evansville and the Wisconsin State Elections Board regarding use of the Statewide Voter Registration System. The State Election Board requires this resolution from all municipalities using their system. Motion passed.

Motion by Braunschweig, seconded by Juergens, to adopt Resolution #2006-28, amending the Adopted 2006 City Budget to Increase the Appropriations for Water & Light Utility Construction and Equipment Purchases. The adopted 2006 city capital budget inadvertently did not include any appropriations for these projects, and this resolution rectifies the 2006 budget. Motion passed unanimously on a roll call vote.

Public Safety Committee Report

Motion by Roberts, seconded by Sornson, to approve Class “B” Beer/ “Class B” Liquor applications for Bauer, Brady J., 418 W. Church Street, Evansville WI 53536, d/b/a Bauer Haus, LLC, 155 E Main Street. Ald. Roberts reported that, last month, the Bauer Haus had to satisfy outstanding bills with alcohol vendors, which are now satisfied. The Bauer Haus still has an outstanding personal property tax bill and a street assessment bill from the City of Evansville. Mr. Kopp advised that court cases support the fact that the wording in our current Municipal Code does not allow the City to deny the Bauer Haus’ alcohol licenses because of non-payment of outstanding city bills. If the City were to deny the license and if this denial goes to court, the city would lose. The Council was not happy with wording in our Code and instructed staff to draft an ordinance to amend our current, so that the city could collect future bills of this manner. Motion passed unanimously on a roll call vote.
Public Works Committee Report - None

Water & Light Committee

Motion by Hammann, seconded by Sornson, to adopt Resolution #2006-29, authorizing the Evansville City Council to Join Wisconsin Public Power Inc. (WPPI). Mr. George recommended joining the WPPI because the city would save money, which will help attract businesses to the City of Evansville. Additionally, WPPI caters to small utilities better and provides more services than our current provider. Tom Paque from WPPI reported, in addition to savings in power cost, WPPI would provide services for rate cases, court cases, financial planning, conservation programs, business programs, joint purchasing, community involvement, communication, renewable energy, and newsletters. Currently, the city pays for these services. Mr. Kopp noted the title needs to be adjusted to “the City of Evansville.”

Amendment to the motion by Hammann, seconded by Braunschweig, to change the title of the resolution from “the Evansville City Council” to “the City of Evansville.” Amendment passed.

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

Motion by Wessels, seconded by Sornson, to adopt Resolution #2006-30, approving the Long Term Power Supply Contract with Wisconsin Public Power Inc.

Mike Stuart from WPPI noted that Exhibit E contains an error. It referred to the City of Evansville as “non-member,” and it should be “Member.” WPPI will provide a corrected version for the City’s signatures. Mr. Kopp recommended the motion be amended.

Amendment to the motion by Juergens, seconded by Wessels, to change Exhibit E, the Long-Term Power Contract, by replacing every “non-member” word with “Member.” Amendment passed.

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

Economic Development Committee Report

Wyse reported Mike Robinson and Jeff Pieterick of North Prairie Productions, and Randy Kyle, representing Landmark Services Cooperative, presented information to the Economic Development Committee on negotiations between North Prairie and Landmark relative to the potential site of a biodiesel plant on land owned by Landmark east of CTH "M" and south of the Union Pacific Railroad. The plant would produce biodiesel fuel via a chemical reaction between soybean oil and methanol in the presence of a catalyst. The reaction produces biodiesel fuel, and glycerol as a byproduct.

The energy yield of biodiesel is significantly greater than that of ethanol. Exhaust emissions from biodiesel are considerably less than those from petroleum diesel fuel. Biodiesel can readily be blended with petroleum-based diesel fuel, and can be transported and stored in existing facilities. It can be used in existing diesel engines, at any blend rate, without the need for any modification to the engines.

The plant under consideration would have the capacity to produce 45 million gallons of fuel per year. Anticipated overall investment is approximately $42 million. Expected employment at the plant is 25 persons, with compensation averaging $50,000 per year. Urban services will be necessary for the plant, thus annexation and rezoning would be required. Tax increment financing also would be anticipated, either by enlarging proposed TID #6, or by establishing a new stand-alone district. North Prairie believes it will need to raise $20 million in equity capital.

North Prairie has been impressed with Evansville's long-standing commitment to alternative and renewable energy resources, as well as its excellent business climate. Existing railroad service, and the fit of the proposed plant within Evansville's Smart Growth and Future Land Use plans also are major advantages. Although 5 or 6 other Wisconsin communities are under consideration for location, Evansville is North Prairie's favored location.

Landmark has expressed an interest in constructing a soybean crush facility, which could conveniently supply feedstock to an adjacent biodiesel plant, thereby reducing transportation costs. Of the country's 13 largest soybean-producing states, Wisconsin is the only one without an in-state crush facility. A decision on site and construction of such a plant awaits publication of a feasibility study.

Additionally, Wyse reported Dave Wagner and Greg Johnson of Ehlers & Associates described to the Economic Development Committee an identification of the parcels of property to be included in proposed Tax Increment District #6, lying east of CTH "M" and both south and north of USH 14. The lands to the south of USH 14, consisting of approximately 96 acres owned by D&D Development, have been annexed into the City, but have not yet been rezoned. By statute, a TIF District of this type must be at least 50% industrial. Approximately 41 developed acres will be industrial, and approximately developed 39 acres will be commercial.

The project plan projects a tax increment of $10,331,000, and assumes a declining tax rate over time. Total project costs are just under $4,000,000, of which $250,000 has been reserved for yet-to-be-identified incentives. The Traffic Impact Analysis presently being conducted for the USH 14/J. Lindemann Drive intersection may properly be included as a project cost. A general obligation bond has been identified as the initial source of funding. Final payout and closure of the district is projected by 2018, three years earlier than the statutory limit.

Phasing of construction of utilities will aid the financial outcome. It was noted that bond proceeds need to be expended within three years of receipt.

The project plan provides for approximately $1,000,000 in special assessments to adjacent property owners to recoup a portion of the infrastructure costs. A special assessment mechanism will allow the bonds to retain tax-deductible status, whereas reliance on developer guarantees alone might not. As an incentive to particular development, the City could waive or forgive special assessments.

Evansville Redevelopment Authority Report - None

Parks and Recreation Board Report

Ald. Juergens discussed the financial account relating to "Fees received in lieu of Parkland Dedication." He distributed a “Fees in Lieu of Parkland Dedication” report. Tim Schwecke, City planner, created this report showing that $139, 218.86 was collected as of today. The report estimates that $153,207.00 will be collected from 2007 through 2011. The new law prohibiting parkland fees has stopped this funding for future parks. Ald. Juergens wants to make everyone aware that the $292,245.86 is designated for new parks and the Park Board intends to use it. He reported that Finance Committee questioned the accuracy of the report because it was not matched to the city’s accounting records and instructed staff to generate a more definitive dollar amount for designated Parkland Dedication Fees.

Historic Preservation Commission Report - None

Fire District Report - None

Unfinished Business - None

Communications and Recommendations from the Mayor

Motion by Braunschweig, seconded by Roberts, to waive the seven-day notice requirement on citizen appointments. Motion passed.

Motion by Braunschweig, seconded by Juergens, to approve Alderperson Tony Wyse, 112 Grove St, to the Traditional Neighborhood Development (TND) Study Committee. Motion passed.

Motion by Braunschweig, seconded by Juergens, to approve Sharel Surles, 125 Deanna Dr., to the TND Study Committee. Motion passed.

Motion by Braunschweig, seconded by Roberts, to approve David Olsen, 14241 W. Golf Air Dr., to the Economic Development Committee for an unexpired one-year term. Motion passed.

New Business

Motion by Braunschweig, seconded by Juergens, to accept the lowest bid for Madison Street Utility Improvements, contingent on the City Engineer’s approval. Mr. Sauer recommended awarding the base bid to G.M.S Excavators, Inc. because the goals of the project were to replace undersized water main (4 inches) in Madison St. and complete all utility upgrades within the Main St./Madison St. intersection. G.M.S. Excavators’ base bid of $412,182.20 is within the budget. If the city chooses to award the entire project, then the overall project bid would run over budget.

Motion by Hammann, seconded by Braunschweig, to amend the motion by accepting G.M.S. Excavators of Edgerton base bid of $412,182.20. Motion passed.

The original motion, as amended, passed unanimously on a roll call vote.
Introduction of New Ordinances

Ald. Juergens read the first reading of Ordinance #2006-20, amending the interim future land use map contained in the City’s Comprehensive Plan in response to development application 2006-15.

Ald. Roberts read the first reading of Ordinance #2006-21, amending the interim future land use map contained in the City’s Comprehensive Plan in response to development application 2006-16.

Ald. Roberts read the first reading of Ordinance #2006-22, amending the interim future land use map and future land use map contained in the City’s Comprehensive Plan in response to development application 2006-21.

Ald. Roberts read the first reading of Ordinance #2006-23, amending the interim future land use map and future land use map contained in the City’s Comprehensive Plan in response to development application 2006-22.

Ald. Roberts read the first reading of Ordinance #2006-24, amending the future land use map contained in the City’s Comprehensive Plan in response to development application 2006-23 First reading of Ordinance #2006-25, amending the Municipal Code relative to large-format retail stores.

Closed Session

Motion by Roberts, seconded by Juergens, to convene into closed session pursuant to Wis. Stat. sec. 19.85(1)(g), conferring with legal counsel regarding strategy to be adopted by the City with respect to potential litigation in which the City may become involved, and will not reconvene in open session. During the closed session, the Council will receive information and advice regarding potential claims by the City, including its municipal electric utility, and against the developer of a residential subdivision. Motion passed unanimously on a roll call vote.

The Common Council reconvened in open session at 9:08 PM.

Adjournment

Motion by Roberts, seconded by Juergens, to adjourn the meeting at 9:09 PM. Motion passed.

Prepared by:

James Beilke

City Clerk/Treasurer

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