Common Council Minutes
March 6, 2000 7:00 p.m.


Present: Mayor Ed McAleer Ald. Maurice Mathey Ald. Philip Schuman Ald. Ray Putchinski Ald. Linda Quartaro Ald. James Romanowski City Admin. Matt Carlson Clerk Marilyn Czubkowski

Absent: Ald. Paul Craig, Ald. Kathy Aldrige

Meeting was called to order by Mayor Ed McAleer at 7:00 p.m.

Pledge of Allegiance.

1. Approve Minutes of February 21, 2000.

MOTION TO APPROVE THE MINUTES OF FEBRUARY 21, 2000. (SCHUMAN/MATHEY) CARRIED.

2. Citizen's comments on items pertaining to the agenda.

Speaking to Agenda Item 11.b. Lake County Caring Margaret Zerwkh, Delafield

Adm. Carlson stated additional correspondence was received and will be provided to the Council

3. Consent Agenda None

4. Committee Reports

a. Licenses Class B. Beer and Liquor License for Sobczak Enterprises, Inc., Dennis R. Sobczak, Agent; Fishbone's-A Cajun and Creole Restaurant, 1704 Milwaukee Street. Subject to forfeiture of current license held by Morgan's Pub. Dennis Sobczak present. Ald. Romanowski stated the Plan Commission has proposed ordinances on the agenda pertaining to restrictive parking.

MOTION TO GRANT THE CLASS B BEER AND LIQUOR LICENSE FOR SOBCZAK ENTERPRISES, INC. SUBJECT TO THE EXISTING LIQUOR LICENSE BEING SURRENDERED. (ROMANOWSKI/MATHEY). DISCUSSION. CARRIED.

b. Plan Commission 1) SIP approval for M & I Bank as recommended by Plan Commission. General Development Plan and elevation drawings of 1994 approved by the Plan Commission shown to Council. Adm Carlson stated that approval was given with three conditions:

1) Engineering review and approval of M & I's compliance with the soil erosion and Chapter 23 of the municipal code dealing with storm water runoff. The plan was to be submitted to the Public Works Committee for their approval before the building permit would be issued.

2) Any signage to be used would need to come back to the Plan Commission; and

3) Any landscaping modifications of site plan would need to come back before the Plan Commission for approval. Ald. Romanowski stated the engineering work has not been completed. Thus, the matter was not submitted to or reviewed by the Public Works Committee.

MOTION TO POSTPONE APPROVAL OF THE SIP UNTIL THE REMAINING CONDITIONS HAVE BEEN SATISFIED. (ROMANOWSKI/PUTCHINSKI) CARRIED.

c. Lake Welfare Committee Mayor McAleer stated he has received a request from the Chair of the Committee to have some type of review by the Lake Welfare Committee of Boat House issues as an advisory to the Plan Commission. Clerk Marilyn Czubkowski stated Lake Welfare was formed by resolution and not by an ordinance. Adm. Carlson stated that if a change in the development process is made, it will require zoning text amendment, which requires a public hearing before the Plan Commission. Clerk Czubkowski will check with City Attorney Chapman.

d. Park and Recreation Commission/None.

e. Public Works Committee. Ald. Romanowski reported there is some carryover business from the last Council meeting, which is awarding the contract for the year 2000 Street Improvements. One of the items left open was the question of whether Price Road should be resurfaced at its existing width of 36' or whether it should be narrowed to 27' and save about $4,000 in construction costs. Ald. Schuman stated the resident comments he received were in favor of leaving the width at 36". Ald. Schuman recommends leaving the width at 36". Ald. Mathey also received citizen comments requesting the road width remain at 36". Ald. Mathey also recommends the width remain at 36"

MOTION TO MAINTAIN THE ROAD WIDTH AT 36 FEET. (SCHUMAN/MATHEY) DISCUSSION. CARRIED.

Ald. Romanowski stated the Public Works had scheduled the St. John's Dam for repairs 5-year capital improvements program-engineering this year and construction next year. Some repairs were done, i.e., vegetation on the dam. A letter of compliance requires completion of further repairs. A DNR Grant is available to recoup up to 50% of the construction costs. The deadline for the grant application is April 1, 2000. If the grant is received, there is an obligation to do repair in a one-year period or request an extension of time. (A check to see whether the extensions of time are routinely granted will be done.)

MOTION TO APPLY FOR THE GRANT APPLICATION. (SCHUMAN/ROMANOWSKI) CARRIED.

f. Del-Hart Commission. Ald. Romanowski stated Del-Hart has extended the facility planning process a couple more months to give communities another chance to respond to the facility planning efforts.

g. Recycling Committee. Meeting March 15, 2000

h. Police and Fire Commission. No report.

i. Cable TV Committee. No report

j. Library Board. Ald. Schuman stated the Board will be meeting on Tuesday, March 14, 2000, at 7:00 p.m. Hopefully a bid for a space needs analysis will be received. This is the first step in the process of a new library.

k. Other committees

5. Old Business

a. Street bids Administrator Carlson stated that two issues were outstanding on the contract.

1) Whether the wider street bid for Price Road should be taken. This issue is now resolved.

2) The question about whether to award the contract for Campbell Trace. Adm. Carlson approached the Village Administrator of Hartland and he expressed that Hartland was not interested in sharing the cost for the improvement of Campbell's Trace and in the alternate Hartland would like to amend the municipal boundaries between Delafield and Hartland and make the municipal boundaries reflect the center line of Hwy 83. Thus, legislation will be worked out for both the Village of Hartland and the City of Delafield that would accommodate. Therefore, the question before the Council is whether to go ahead and do the road this year and then make the boundary change or make the boundary change first and then come back and replace the road next year. Adm. Carlson stated the cost for repaving the road is $46,657.80, and he asked Mike Scaff about delaying Campbell's Trace and the comment was the project could be delayed another year.

MOTION TO APPROVE THE YEAR 2000 STREET IMPROVEMENT PROJECT TO WOLF'S PAVING DELETING CAMPBELL'S TRACE FROM THE CONTRACT AND LEAVING PRICE ROAD AT ITS EXISTING WIDTH PER EARLIER DISCUSSION. (ROMANOWSKI/MATHEY) CARRIED.

6. Mayor's Report

a. National Arbor Day Foundation. "Tree City USA" Mayor McAleer stated that the City of Delafield has been designated "Tree City USA" for the third year in a row by the National Arbor Day Foundation.

b. Proclamation by Mayor for Hawks Inn Historical Society Mayor McAleer read a Proclamation declaring May of the year 2000 as Hawks Inn Appreciation Month and encourage all to visit the 1846 National Landmark and participate, volunteer and join the Hawks Inn Historical Society and become part and partner in preserving the historic heritage.

MOTION TO APPROVE RESOLUTION. (SCHUMAN/ROMANOWSKI) CARRIED.

7. New Business

a. Presentation regarding cable television service in Delafield-Bill Ruggly, Time Warner. Adm. Carlson introduced Mr. Bill Ruggly from Time Warner to talk to the Council about service reliability issues with respect to cable television service in Delafield. Mr. Ruggly has comparative information to share and answer any questions. Mr. Ruggly, Area General Manager, gave presentation regarding issues of reliability and the upgrade of the cable system. Discussion. Refer all complaints to Warner Cable Customer Service Center.

Mr. Ruggly gave presentation on upgrade. The upgrade area of 9,000 miles of cable television plant is about a six-year project. The Delafield area will be completed in the fourth quarter of 2000. Upgrade will bring a state-of-the-art cable television system, which will provide more channel capacity, greater reliability of the system, better picture quality and new services. Upgrade will include greater use of fiber optics and new electronics throughout the whole cable system. During the upgrade, communication with customers will be done via postcards, letters and door hangers. Discussion. The cost of Basic will remain the same $10.25 plus franchise and tax fees. Adm. Carlson requested that the planning people for Warner get in touch with him to coordinate the City Capitol Improvements Program with Warner to ensure "hand-in-glove" workings. b. Resolution 2000-06 providing for the change in control of a cable television franchisee. Mr. Ruggly explained merger of AOL and Warner. The company name becomes: AOL Time Warner. Time Warner remains the franchise holder-no changes in local management or organizations is foreseen.

MOTION TO APPROVE THE RESOLUTION AUTHORIZING THE CHANGE IN THE NAME. (SCHUMAN/ROMANOWSKI) DISCUSSION. CARRIED.

c. Adm. Carlson stated that Police Chief Jack Arndt is present to address any questions regarding the next four issues c., d., e., and f.

Ordinance 467 establishing speed limit on Oakwood Drive Adm. Carlson stated Oakwood Dr. is a 25 m.p.h. zone at one time it was 35 m.p.h. Because of construction in the area, it was reduced to the 25 m.ph. Ald. Plotz requested the area be revisited. This has been done and a recommendation to increase the speed limit from 25 to 30 M.P.H. for the portion west of Hillcrest. City Engineer Fred Welch concurs with the increase in the speed limit.

MOTION TO ADOPT ORDINANCE 467 INCREASING THE SPEED LIMIT ON OAKWOOD DRIVE FROM 25 TO 30 M.P.H. (QUARTARO/PUTCHINSKI) CARRIED

d. Ordinance 468 establishing speed limit on Hillside Drive Adm. Carlson stated that this road is also known as Silvernail. The increase the speed limit from 25 m.p.h. to 35 m.p.h. heading east of Austin Court between Austin Court and County Trk E and the change would include both east and west bound. This request was from Ald. Paul Craig. City Engineer Fed Welch concurs with the increase in the speed limit.

MOTION TO ADOPT ORDINANCE 468 INCREASING THE SPEED LIMIT ON HILLSIDE DRIVE FROM 25 TO 35 M.P.H. HEADING EAST OF AUSTIN COURT BETWEEN AUSTIN COURT AND COUNTRY TRK E FOR BOTH EAST AND WEST BOUND. (SCHUMAN/ROMANOWSKI) CARRIED.

Adm. Carlson stated that one speed limit was not offered for the Council's consideration-Genesee Street is a County highway and there are inconsistencies in the speeds coming into town and going out (25-35). Adm Carlson stated he would like to get approval from the Council to approach the County and request that it conduct a speed study for Highway C/Genesee Street for the short stretch from the bridge near the pond north to Arlington and also ask the County to make the speed limit consistent and lower the speed limit in that stretch.

MOTION TO APPROVE THE REQUEST TO THE COUNTY TO CONDUCT A SPEED STUDY FOR HIGHWAY C/GENESEE STREET FOR THE SHORT STRETCH FROM THE BRIDGE NEAR THE POND NORTH TO ARLINGTON AND ALSO ASK THE COUNTY TO MAKE THE SPEED LIMIT CONSISTENT AND LOWER THE SPEED LIMIT IN THAT STRETCH. (ROMANOWSKI/SCHUMAN) CARRIED.

e. Ordinance 469 prohibiting parking on Third Street Adm. Carlson stated this ordinance requests prohibition of parking on the west side of Third Street. He further stated that Ald. Romanowski explained that at the last Plan Commission, the Morgan's Pub requested to convert to a restaurant and the residents present at the meeting expressed concern about parking on Third Street. Thus, the police department went out to Third Street and apparently at some point there were signs posted there that prohibited parking, but no ordinances were found that gave the authority to enforce the parking restrictions. Therefor this ordinance gives the authority to post the no parking on the west side of Third Street to accommodate the residents' concern about the increased activity with the new restaurant that's replacing Morgan's Pub.

MOTION TO APPROVE ORDINANCE 469 PROHIBITING PARKING ON THE WEST SIDE OF THIRD STREET. (ROMANOWSKI/SCHUMAN) CARRIED.

f. Ordinance 470 prohibiting parking on Moraine End Adm. Carlson stated that at one time the City had a parking problem with semi-trailers up and down Moraine End located near the new Kettle Ridge Condominium project at the intersection of Cross Roads Court. Adm. Carlson received a call from a resident that expressed a concern about parking in the intersection of Cross Roads Ct. with Moraine End. Police Chief Arndt was asked to take a look at the site and review. Report that there was a problem in the intersection of Cross Roads Court with Moraine End. Therefore, the Police Chief recommends posting no parking on both sides of Moraine End including the intersection with Cross Roads Court.

MOTION TO APPROVE ORDINANCE 470. (ROMANOWSKI/SCHUMAN) CARRIED.

8. Administrator's Report.

Adm. Carlson called attention to an item in the paper regarding an incident with the police department. In an effort for the City to explain that this incident does not reflect the overall quality of the police department, Adm. Carlson asked Police Chief Jack Arndt to talk to the Council regarding the incident and steps that have been taken for improvements. Police Chief Arndt explained the situation with an arrestee absconding. Since that time, the police department has taken some appropriate disciplinary action within the department and reviewing the policies in place regarding two officers handing prisoners and transporting, restraining. He felt that the policies were adequate, but shored-up up the polices with some additional language and additional guidelines when transporting someone to the Delafield facility where secure detention facilities are very limited. More security detention items will be obtained. The party was recaptured without incident and will be charged. Adm. Carlson stated the good end of the story is that the Delafield P.D. broke a shoplifting case that the absconder allegedly shoplifted from a number of stores in the region, i.e., Town of Brookfield, City and Village of Pewaukee, Delafield.

9. Clerk's Report.

a. 2000 New Officials Workshop

b. Regional Dinner Meetings Clerk Marilyn Czubkowski requested that anyone wishing to attend the New Officials Workshop and/or the Regional Dinner Meetings contact her and she will make reservations for you. She will receive the forms in mid-March.

Also, Clerk Marilyn Czubkowski announced the Waukesha Federated Library System hearing date of March 16, 2000. She received the hearing notice in the mail and this item would not be timely if placed on next agenda. She also stated that the library has the table of contents on the items to be covered at the hearing. If anyone has questions you may contact Chief Arndt, Polly, and Carol Schneider who are members of this committee.

10. Financial Report

a. Revenue and expense report for February

b. Approve vouchers

MOTION TO APPROVE VOUCHERS . (ROMANOWSKI/MATHEY) CARRIED.

11. Correspondence

a. Correspondence dated February 24, 2000 from Time Warner Cable regarding upgrade with state-of-the-art optic technology.

b. Letter dated February 28, 2000 from Dorothy Peterson regarding Lake Country Caring Ald. Putchinski made a statement on Lake Country Caring. He cannot believe the City would give away any of its parkland to any organization no matter how good they are. The parkland belongs to all the citizens in the city not just to one group of well-dedicated people.

c. Letter dated February 29, 2000 from Jim Stoffer regarding parking on Main Street.

d. League of Wisconsin Municipalities bulletin dated March 2, 2000.

e. Fire Department report of February 2000.

12. Adjournment.

MOTION TO ADJOURN AT 8:35 P.M. (PUTCHINSKI/) CARRIED.

Respectfully submitted,

Joann Dodge