SHULLSBURG — At the Shullsburg City Council meeting Wednesday, Jan. 18, 2017, Gary Peterson, AICP (certified planner) prepared and presented a report dealing with the costs associated with the McCoy Development. According to Peterson, of the projected $1,306,070 in project costs, 100% are eligible to be paid for by the current TID#7.
    Peterson said, “This project is much greater than the thirteen acres. It is a citywide project and will affect the city as a whole and it is an economic development project. It will bring additional people and additional dollars, in many forms.”
    Economic Feasibility: The TIF District Amendment will generate approximately $895.836 in increment revenue over the life of the district (fourteen years) based on the assumptions used. The city will also use $154,993 in accumulated TID#7 funds. The city will infuse $407,542 of cash from the general fund over fourteen years. Further the city will borrow $150,000 in revenue bonds. Total funds available are $1,458,371. These three sources of revenue exceed the cost of $1,261,070 in construction and administrative costs. The TID#7 Amendment is economically feasible.
    Peterson then outlined the steps going forward for the McCoy Development. Step one: Approval by the Department of Revenue. Step two: set up a Public Hearing. Step Three: Goes to Plan Commission and they hold a public hearing and then they act on it (the Plan Commission must approve the project or it doesn’t go forward). Step four: Comes back to city council for approval (amendments may be made). Step five: Comes to Joint Review Board meeting for majority approval. Step six: Sent to state for approval and certification.
Covenants Revisited
    Attorney Nathan Russell made his second appearance regarding the covenants that will be put in place for the McCoy Residential Development. Very few updates to the covenants were made and they are:
    2. (new) Upon the sale of a lot, the lot owner becomes fully responsible for the maintenance and care of the fencing along the rear of their lot.
    4. (added) Condominium units that abut will each be considered individual units.
    5. (added) The width of the concrete driveway, cannot exceed, the required width of access to the overhead garage doors.
    6.  The minimum required setback on each of these properties is 10’ (added) and 12’ in the rear of the property.
    8. (added) Temporary containers serving as swimming/wading pools with a maximum depth of 12” and surface area not to exceed 150 square feet are permitted by location and are restricted to the rear yard of the property.
    10. (changed) No (delete-vehicles), boats, trailers, off road vehicles or RV’s can be parked in the driveway of the residence for a period greater than 48 consecutive hours and not more than four days in a given month. (new) Privately owned cars and pickup trucks can be parked in residential driveway, but the permitted number is determined by the number of bays in the attached garage, regardless of depth (ie. A residence with two car garage is limited to two cars in the driveway). Permitted vehicles in driveways must be fully operational, insured and licensed.
    11. (added) Changing of a flat tire, jump starting a battery or changing of a battery are exclusions under the covenant.
    16. No commercial activity permitted (delete-other than insurance and real estate sales. The sign restrictions above continue to be still applicable) in the development.
    17. (new) The city is entitled to recover all legal fees and costs necessary to enforce these covenants directly from the property owner who violates these covenants.
    Questions that were asked: on #15 regarding signs, it was asked if signs supporting the high school sports teams would be allowed.
    From here the council will look at how will the city enforce the covenants and if there is any other changes or proposals. The current list of covenants will be sent to attorney Paul Johnson of Johnson & Clark, LLC for his opinion.
    The $20,000 access fee to be charged to the buyer of a lot came up at the end of the meeting. Dwayne Gerht asked what the council did with it? Alder Emmett Rielly said he’s still researching that. A motion was made by Alder Jim Paquette and seconded by Alder Cory Ritterbusch that we don’t further look into charging an access fee to the buyer of a lot. The motion passed three to one.
Public Hearing
    A Public Hearing, regarding the creation of an ordinance for the new residential zoning district, was called to order by Mayor Gloria Swenson. . The R-M District is intended to provide for single-family residential land uses in newer urban areas served by public sewers and to allow for Zero Lot Line Dwellings or Twin Home Units as a conditional use. The District is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible non-residential uses, and is for the exclusive location of single-family dwellings. After the hearing was open it almost immediately closed, as no one wished to speak on the matter. During the regular meeting the council approved the ordinance.
    A motion was made to rezone the Geissbuhler Subdivision from a R1 District to a RM District. Approved. This will go to the Plan Commission and then a Public Hearing will be held on the matter.
    In other business.
    Committee reports: Sewer – Bart Neis from Delta 3 discussed the phosphorous issue the plant is experiencing and presented a couple options; SCADA updates are being completed, they will cost the city $9,940; replaced a pump for $5,609; the new roof is 80% complete; White Hill Cheese problems are continuing and possibly increasing, meetings regarding the problem are coming up. Water – Looking at a new computer and software; buy new tires for the water truck; water leak at the trailer park was fixed; yearly water report was presented; changed chlorine and that is going well; an agreement with the Methodist Church was reach, when the construction is done this Spring. Electrical – a light pole will be replaced (it got hit by a car) on Union Street, it will be LED and it might take a while. Library – year end meeting was held; purchasing furniture for the Gratiot Library (from Platteville’s old library); Gratiot numbers were up; hired Tara Teasdale part-time. Police – In the process of hiring a part-time Administrative Assistant; in 2016 the department had 346 cases, which is average.
    A Mobile Home Permit application was submitted by George Ubersox was approved.
    Approved to relist a real estate listing of the industrial lot with Teasdale Reality.
    Public comments: it was asked why the approved new router cost $700, plus installation, is it made of gold? The answer was “it’s a special router.”
    Dave Leahy said he had a few questions. Question: Will the council approve these covenants? Answer: Eventually, yes. Question: Did any of the city council create the covenants? Answer: Yes, Swenson and Paquette helped with the wording of the covenants. There was no quorum. Question: Would you then say that council had input into the covenants? Answer: Yes. Question: Does the council see that residence in the city will be treated differently, depending where their street address is? Answer: none. Leahy continued with an example: If this goes through – someone that lives in the McCoy Development are allowed and limited to having two dogs. Where I live my neighbor’s can have four bred female dogs and it’s legal. Therefore, I’m not opposed to covenants. I live under ordinances. I feel this is discrimination.
     Stan Woodworth spoke up and said the covenants are an agreement with the seller and the buyer. Ordinances and covenants have nothing to do with each other. Leahy wanted to poll the council on if they would change certain ordinances. Clerk-Treasurer, Marsha Einswieler put a stop to that saying that’s not on the agenda.