Minutes; Common Council: July 10, 2007

Common Council

Regular Meeting

Tuesday, July 10, 2007, 6:30 p.m.

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

Minutes

Mayor Decker called the meeting to order at 6:32 p.m.

Roll Call

Members present: Chair Mayor Decker; Alderpersons Mason Braunschweig, Tom Cothard, Barb Jacobson, John Sornson, Tony Wyse, Dennis Wessels, Diane Roberts and Fred Juergens. Staff present: Dan Wietecha, City Administrator; Mark Kopp, City Attorney; Sandra Lindemann, Acting City Clerk; Dave Wartenweiler, Public Works Director; and Kathi Kemp-Tejeda, Library Director and the new city clerk, Judy Walton. Citizens present: John Willoughby, Kelly Gildner, Greg Johnson, Ehlers; Matt Gaboda, Diane Skinner, Evelyn Cantrell and Gil Wiedenhoeft, S.O.L.E.

Approval of Agenda

Motion by Braunschweig, second by Roberts, to approve the agenda as printed. Motion carried.


Approval of Minutes

Motion by Cothard, second by Roberts, to waive the reading of the minutes of June 12, 2007, regular meeting and June 25 and 27, 2007, special meetings and approve them as printed. Alderperson Braunschweig asked that the word “meet” be changed to “create” on page two, last sentence of the Plan Commission report. Motion by Cothard, second by Roberts, to amend the original motion to replacing the word “meet” and insert the word “create” in the Plan Commission Report on page two, paragraph one, last sentence. Motion carried.

Citizen appearances

Matt Gaboda, 552 S 6th Street, presented his position in opposition of wind turbines in our rural community. He stated that information on this subject was available on the WPPI website. He requested that the City of Evansville adopt an ordinance against the installation of the wind turbines.

S.O.L.E.-Gil Wiedenhoeft, member of the S.O.L.E. Committee, reported they had a small profit for the July Fourth festivities. S.O.L.E. has made their presentation to the Public Works and Park Board Committees regarding the next step that is needed and the funding required for Lake Leota restoration. Kelly Gildner stated the committee has gone as far as they can go, and recommends that it is up to the City of Evansville to continue with the process.

ECP – None at this time

Diane Skinner, Chair of the Senior Center Program, presented the quarterly senior center report. Diane stated that she is stepping down as president, with Mary Libby as the new president. She further stated they would like to see a 3% increase to the 2008 budget. The senior program received an Evansville Fund Grant in the spring. Evelyn Cantrell, who is also with the program, states that ridership has increased from 20-30 to approximately 50 per month. They have introduced an exercise program coordinated with the Y.

Diane went over some of the functions that will be coming in the next few months, i.e., September is National Senior Month, November is the Health Fair.

Plan Commission Report

Motion by Braunschweig, second by Sornson, to remove from table consideration of the final CSM for Rolland Propst (Application 2007-4). Motion carried.

Motion by Braunschweig, second by Wessels, to approve preliminary CSM for Rolland Propst (Application 2007-4) according to the Plan Commission staff report. Attorney Mark Kopp indicated that the reference on the agenda was incorrect; a preliminary copy is before the council. Kopp stated that the city could approve the division of the lot consistent with the subdivision requirements. Motion carried that this would not be creating a non-conforming lot, and that it does not impact the status of the garage

Finance and Labor Relations Committee Report

Motion by Cothard, second by Braunschweig, to approve W&L bills and authorize their payment in the amount of $715,836.11. Motion carried on a roll call vote.

Motion by Cothard, second by Braunschweig, to approve the City bills and authorize their payment in the amount of $681,386.77. Motion carried on a roll call vote.

Motion by Cothard, second by Roberts, to approve addendum to contract with Associated Appraisal Consultants, Inc. regarding postage expenses. It was mentioned that this item was to be included in the bid price per the request for proposal. Motion by Cothard, second by Roberts, to withdraw the original motion. Motion to withdraw carried on a roll call vote.

Discussion on draft of employee handbook. The employee handbook will be on the agenda of Finance/Labor Relations next month for approval. Braunschweig suggested the vacation and sick leave be streamlined to work for all employees, union and non-union alike. Wietecha stated that members should review the draft and submit their comments and questions before the next finance meeting so that they can be addressed for the final copy.

Public Safety Committee Report

Motion by Roberts, second by Sornson, to approve Class “B” Beer/”Class B” Liquor application for Bernardo J. Morice, 518 Vision Dr., Evansville, WI 53536 d/b/a Morice Enterprises, Inc., 60 Union St., Evansville, WI 53536. Alderperson Cothard expressed that he did not like the fact that they could hold the license for the year without conducting any business at a physical location. It was clarified that the license was for the individual/business and not the address, and that this license was the same as Julie Meredith’s license. Cothard called for the motion. Motion by Juergens, second by Braunschweig, to table the motion so the attorney could verify the legality of issuing a license to a business prior to its having a location established. Motion carried.

Public Works Committee Report

Motion by Braunschweig, second by Sornson, to approve Resolution 2007-29, Documenting Review of the 2006 Compliance Maintenance Annual Report and Indicating Actions to be Taken to Prevent Effluent Limit Violations. Braunschweig referring to the report with the council packet stated the wastewater plant met 2.89 out of a total of 4 points. Failing in the ponds area, and getting a medium grade in the groundwater area, further measurements will determine accuracy of the report in these areas. Braunschweig noted that Public Works had approved change orders on the Main Street and County M projects, both within the budget. Motion carried.

Water & Light Committee Report – None at this time.

Economic Development Committee Report - None at this time.

Redevelopment Authority Report – None at this time.

Parks and Recreation Board Report

Alderperson Juergens distributed a report on the Lake Leota Restoration. The committee will be discussing this at their next meeting and may bring a motion to council regarding funding. City Engineer, Dave Sauer, had given the city an estimate of $1 to $2 million. Mayor Decker emphasized that the city should get solid figures before any further discussion on the cost of the project or its potential impact on taxes.

Historic Preservation Commission Report – None at this time.

Fire District Report

Motion by Wessels, second by Cothard, to approve purchase of current Fire Station and adjacent lot for $275,000. An appraisal was completed in December of 2006. Motion carried on a roll call vote. 7-1 Juergens voting no.

Police Commission Report – Wietecha stated that the commission scheduled the hearing on July 30, with continuance to July 31st, if needed.

Unfinished Business

Cothard read the second reading, second by Roberts, and motioned to approve Ordinance #2007-7, Rezoning Territory from Residential District 1 (R-1) to Planned Unit Development (PUD) District. Mayor Decker removed herself from the chair at 6:35p.m.stating her husband, John, is on the Board. Jacobson mentioned that a letter had been received from a resident regarding the need for sidewalks and sufficient parking. Motion carried on a roll call vote. Mayor Decker returned to the chair at 6:42 p.m.

Communications and Recommendations from the Mayor

There was discussion on fall strategic planning session for Common Council and City Department Heads. Mayor Decker stated that the meeting could be scheduled for one of the last two Saturdays in September or the first two in October and asked for council’s input to schedule a date. October 13 was agreed upon as the date for the fall strategic planning session meeting.

Communications from the City Administrator

Cothard asked for discussion and possible motion on D&D Proposal regarding use of TIF in a mixed-use district. Administrator Wietecha introduced Greg Johnson, Financial Advisor for Ehlers & Associates. Johnson distributed the Ehlers Advisor newsletter that summarized the “Pay as you Go” Financing for TIF Districts and a slide packet on “Pay as you Go” Development Financing for TIF. He explained the different aspects of regular TIF financing versus the “pay as you go” TIF financing, how it works and the benefits that the city would see by utilizing this type of TIF financing for a mixed-use district.

Johnson stated that both traditional and Pay As You Go TID financing could be used within a district. It is dependent on the unique characteristics of each project.

Johnson was asked to clarify the reasoning for this approach by a developer. Johnson stated that the community could provide an incentive through Pay As You Go where it otherwise may not be able to do so. Pay As You Go reduces the risk to the city, and the city does not use its bonding capacity.

Tom Cothard stated that these negotiations have been going on for many, many years and he was surprised at this proposal. Braunschweig asked for City Administrator Wietecha for comment. Wietecha stated he realized that the big policy question was if the City was willing to provide Tax Increment for new commercial development as opposed to redevelopment. The policy question aside, the general structure of their proposal, recognizes that there is a need to reimburse the city for out-of-pocket engineering expenses. The Pay As You Go really is very fair for the city.

Braunschweig pointed out TID 6 initially was brought forth as an industrial TID and then revised to a mixed-use district. Pay As You Go had never been discussed until this proposal. If this doesn’t bring any risk to the City and the developer is in agreement this may be a good solution to actually getting development started here.

Johnson clarified that “But For” test means that without TIF the development would not occur at all, at the same time or at the same value. Mayor Decker stated that a year ago, she was opposed to TIF for commercial. This year the bowling center has investigated four city locations. None have worked. We have got a good commercial project when we are desperately looking for commercial development and we don’t have a location. We have a hotel that is interested and has looked at lots. TIF is necessary to make that hotel project work. It is a commercial project and they’ve been looking in the redevelopment district, TID 5. They cannot find an adequate lot in TID 5. We met with them this afternoon and we’ve got a possibility for a lot in TID 6, but we need commercial in TID 6. They are willing, if we can get something to happen, to break ground this fall. We are at a crossroads where we are going to start to lose commercial possibilities.

Braunschweig stated one of the primary concerns last year when Plan Commission decided they did not want to fund commercial entities out on the east side with TIF funds was they did not want to lose businesses that would otherwise go to downtown. Mayor Decker stated further that what we are doing here is losing business that can’t go downtown. Sornson stated that if we went with this, think of the jobs that we would pull in. If we put in a couple more businesses, if you put a hotel out there, we could get more jobs, people to live here, they will spend their money here and pay taxes, and that is what we want. Braunschweig stated his primary point is with the Pay As You Go the burden is shifted to the developer rather than the city so they have the incentive to fill that up and get it going. We may actually see development quicker using this kind of financing rather than the traditional TIF financing.

Wyse asked if the Pay As You Go format allows the developer more leeway in what goes into this district, or are we still in control. Johnson stated that you are still in control. It certainly does not circumvent your zoning and normal planning process and that is not replaced regardless of how you finance. Cothard called for the motion. Mayor Decker asked the city administrator for general motion language regarding TIF #6 so the city can accomplish what they need. Wietecha stated the motion should read, to approve the concept of potentially using TIF to install infrastructure in commercial areas of TID #6.

Motion by Cothard, second by Braunschweig, to approve the concept of potentially using TIF to install infrastructure in the commercial areas of TID 6. Mayor Decker called for clarification of motion language to accommodate other potential district projects. Wietecha stated that the intent is to approve the concept of potentially using tax increment financing to install infrastructure or acquire land in the commercial areas of TID #6.

Motion by Cothard, second by Braunschweig, to amend the motion to add the language “or acquire land” in the commercial areas of TID #6.

Motion by Cothard, second by Braunschweig, to approve the concept of potentially using tax increment financing to install infrastructure or acquire land in the commercial areas of TID #6. Motion carried on a roll call vote.

Performance evaluation of City Administrator (6 month). Wietecha distributed a job description and the standard evaluation form to members and asked that they complete the form and get it back to him as soon as possible. He asked that the council consider setting goals or completion of tasks. He welcomes any and all comments that they have in regard to the evaluation.

New Business

Introduction of New Ordinances

Braunschweig presented the first reading of Ordinance 2007-8, Amending Chapter 110 of the Municipal Code by Requiring that Certain Residential Land Divisions Provide for Accessible Housing for the Elderly and for People with Disabilities. [Sponsors Braunschweig and Roberts].

Cothard presented the first reading of Ordinance 2007-9, Amending Chapter 130 of the Municipal Code by Establishing Standards for Traditional Neighborhood Developments. [Sponsors Wyse and Braunschweig].

Braunschweig presented the first reading of Ordinance 2007-10, Amending Chapter 18 and 130 of the Municipal Code Relating to Fences. [Sponsors Braunschweig and Roberts].

Motion by Cothard, second by Braunschweig, to adjourn the meeting at 8:46 p.m. Motion carried.

Prepared by Sandra L. Lindemann

Acting City Clerk

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