Call Meeting to Order/Clerk Marilyn Czubkowski

Pledge of Allegiance

Special Order of Business
Clerk Marilyn Czubkowski stated that because Mayor Ed McAleer and Ald. Phil Schuman, President of the Council, were absent, the Council will need to appoint a chair for the meeting.
MOTION TO APPOINT ALD. ROMANOWSKI TO CHAIR THE COUNCIL MEETING.  (QUARTARO/CRAIG)  CARRIED.

7:00 P.M. Special Order of Business
Presentation of contributions to Police and Fire Departments by Christ the King Lutheran Church

Mr. George Finch, President of the Church Council of Christ the King Lutheran Church present.  This year the church is celebrating their 50th year and many years of a wonderful relationship with the City of Delafield.  As a result of the 50th anniversary fundraiser at the church, Mr. Finch presented to Police Chief Jack Arndt and Fire Chief Allyn Swaze a check to each in the amount of $5,000, which represents the congregation’s desire to give back to the community.  Chiefs Arndt and Swaze thanked the church for their generosity and gratitude.

Public Hearing on special assessments for improvements in Dopkins and Milwaukee Streets

Clerk Marilyn Czubkowski read the notice aloud and stated it was properly posted and mailed to the concerned parties.  Meeting opened for public comment.
Joyce Wetzel, 715 W. Shore Drive
· Maps should be shrunk down to the size that City Hall can photocopy
· Storm water:  assessing is ridiculous.  Not an individual property owner’s concern--storm water is a district concern.  TIF had $124,220 for storm water.
· Parking Lot:  TIF district had listed $101,675 set aside for parking lot.  Milwaukee Street extension should remain a parking lot the way it is.  But, if City insists on going on with it, so be it.  Dopkins Street: asinine to put in a street in for 275 feet and charge property owners assessments on it.  Dopkins Street should be part of the parking lot that is there, not an individual street and two people being billed for it.  Each person has access to that part of their property from another roadway.
· Lighting:  Came from the TIF district years ago, should now.

Attorney Dan Fay, on behalf of Gary Nuerenberger, owner of Amoco, 704 Genesee St.
· Requests that assessment be deferred until Mr. Nuerenberger develops the property.  Currently he will be getting no benefit.  There may be future benefit possibly.  If understood correctly, Mr. Nuerenberger’s property will not be adjoining Dopkins Street because there will be a 12 foot ditch between Dopkins and his property.  That is the reality of the current plans.  It is understood that at sometime in the future, when he goes to develop the land, that there will be some access provided for.  He wants that to be assured.  He is asking that the Board defer the assessment.  It can also be looked at in terms of the square footage.  The assessment has been done on the linear foot.  This lot is not nearly as big as Mr. Lang’s lot or nearly as big as the parking lot across the street on Dopkins.  All of which by virtue of the size and the area are going to be getting a lot more benefit than Mr. Nuerenberger.  Mr. Nuerenberger has no current plans to develop the property.  The parking lot does not really benefit him.  Again, Mr. Nuerenberger is asking that the assessment be deferred until such time as he goes to develop it.  Mr. Nuerenberger asks that no interest be imposed because quite frankly at $17,000, if any type of interest is imposed, it’s probably going to eat up most of the value of the lot very quickly.  Again, Attorney Fay and Mr. Nuerenberger ask that the assessment be deferred.

Margaret Zwerich, 500 Mill Road
· Nelson P. Hawk gave forty acres of land to the Village of Delafield and had it developed and had it surveyed in 1845, and registered in the courthouse about 1849.  He dedicated the whole area—the Hawks addition, the streets and alleys to the public use.  We are the public.  Why isn’t everyone paying for the street?
· When Dopkins Street was vacated (1894 or 1897), what happened to the land.  Did it go back to the landowners so that the adjoining landowners own the land.
City Attorney Chapman stated that some of the costs of improvements in the area are being paid for by the City.
City Engineer Welch stated that what is actually being done is assessing one-half of the street to the abutting property.  On Milwaukee Street, Mr. Lang owns property on both sides.  Therefore, he is basically paying for that total development.  On Dopkins Street, the City owns half, Lang owns a portion of the east side, and Mr. Nuerenberger owns the southern portion.  So they are only paying for half of the street.
Ald. Romanowski will check on what happened to the land that was Vacated/Dopkins Street.
· Fish Hatchery will benefit from the parking lot.

  Sharon Costigan, 1547 Milwaukee St.
· Milwaukee Street never had a parking problem until there were some zoning changes.  Tom Aul has three businesses in a remodeled building and never had to provide for parking.  In the past, if you changed any part of your business, or building, you had to provide a certain amount of parking spaces for that building.  Now, everything has changed.  So what happened, “now the soccer field is taken away,” and they provided that for the parking for downtown Delafield.  None of her customers will use the lot.  She feels the parking lot was not put in for Milwaukee Street, not for the area where she is, she thinks that it was put in for Mr. Lang.  He has a big, huge building with the antiques.  His other office buildings are over on Main.  Vinney’s is there when they have the big Lang parties.  As far as she is concerned, it was all for Bob Lang.  Didn’t bring a haircut in for her from that area.  Maybe some of the antique people loved it; some of the restaurants loved it, but she knows people won’t walk two or three blocks.  This street is connecting to the parking place there.  Oh, it makes good sense.  Let’s put the street in to go over to the parking area.  I only see it working for Mr. Lang.  Gary should not be paying for it.  It should probably come out of City funds, but who is going to benefit from it the most?  If you want to put it in for Mr. Lang, go ahead but don’t assess the small business people.

Tom Kelley, 2218 West Shore Drive
· Feels for Gary Nuerenberger.  $17,000 special assessment is way out of line for a small business man.  This is the problem with the values of the properties that are downtown.  The small businessman is absolutely choking versus a Tom Aul or a Bob Lang who basically—in Tom Aul’s case, he has an investment group.  You’re putting the small business person at a disadvantage.  Very unfair.  Common Council should work it out.  To do this to Gary, is totally out of place.

MOTION TO CLOSE PUBLIC HEARING.  (QUARTARO/ALDRIDGE)  CARRIED.

Roll Call/Clerk Marilyn Czubkowski.

1. Approve minutes of October 2, 2000
MOTION TO APPROVE.  (QUARTARO/CRAIG)  CARRIED..

2. Citizens comments on items pertaining to this agenda.

Jim Zahorik, 1948 West Shore Drive
· New Business, item a.  What are we getting municipal bonds for?
· Lead to believe TIF funds already available to cover downtown water system.

Adm. Carlson stated that these are promissory notes and there are two versions that are being offered for the Council’s consideration tonight.  One version is for capitol improvements already identified as part of the year 2000 budget and includes funds already set aside to spend for, i.e., salt shed, street improvement program which the Council approved as part of the 2000 budget.  The second phase includes the option of the City Council to include about $3,000,000 for funding of water system improvements.  There will be a full description of what’s included in each financing from the financial advisor.  So, the Council is being presented with two options.  One is the completely stripped down version, and the second is the version that would create some funds to build a water system at the amount of $3 million if the Council chose to do that.  The water system money is not sitting in a bank waiting to be spent.  It is money that accumulates over time.
· At the Plan Commission level, it was suggested that there be a six-month moratorium on building.  As a representative from the lake area looking at Nagawicka as one of the greatest resources that the City has, and aware of the silt problems that have been brought to this Council’s attention as well as to Mr. Carlson, hopefully the Council will consider the proposal this evening.  If there is a need to search for a reason for the moratorium, and having listened to Ms. Wetzel concerning storm water management, we know we have a terrible problem.  Until storm water management is addressed future development should not be addressed.  All that is being provided is more impervious surface which prevents normal precipitation to be absorbed by the soil.  If the lake deteriorates, property values deteriorate.  It can be solved at this level.
· Item 13, adjourning into closed session (second section)—deliberating and negotiating … (park land).  It is very important to have park land, but with the fiscal problems the City is currently faced with and as the City just stated it doesn’t have the money in the TIF fund to cover water, and now we’re going to borrow for that?  It would be prudent at this time not to consider additional purchases that will also affect the tax rolls.
· Fiscal responsibility, raises closed hearing.  Consider ramifications of the raises that occur.  Many on fixed income.

Betsy Busch, 830 Wells Street
· Item 13.  Spoke with alderman.  Hearing that City is in deficit spending situation.  Cannot continue spending at the current level.  Encourage City to look very hard at giving raises and spending public money.

Val Gottschalk, 1465 Milwaukee Street
· Told that Mayor is going to do a referendum.  Is that for the April ballot.

Ald. Romanowski stated that it will be decided after the public hearing.
Adm. Carlson stated that the Council still needs to vote on it.

· One of the options was do nothing.  If the City does nothing, the TID money is not lost.  City can apply to the Dept. of Revenue and do a project plan amendment, for adding projects, for expanding the district, it can be putting money from one TID to the other.  It could be for the library, fire department, for a lot of things.  It does not have to be water.  However, the deadline is seven years to the original date which is September of 2001.  So, if this Council decides to do nothing, the money can go to other projects in the City by just applying to the State.
Adm. Carlson stated that libraries are excepted from eligible expenses.

· Bad water tests:  understand that those are the documents from the original master plan was done in ’94 or ’92.  One test done is not reliable according to DNR.  Test results can very from the method, by the temperature of the weather, the time of the year you take it.  The results are:  what was the bad water result.  Things change.  The smell of water doesn’t mean that it’s bad water.
· Building moratorium:  applaud Commission for bringing that idea to the Council.  Think that the City needs to take a step back and take a look at things.  Everybody needs to know the dollar effect of what these new building projects will cost.   Growth needs to be balanced with what the City should look like in the future.  On moratorium, infrastructure is a reason.  Might want to do exception on churches and schools, remodels and additions, replace houses destroyed by fire, new single family homes on building lots that were legal before the moratorium, unplated land--no.  In favor of two-year moratorium.

Michele Krause,  936 Main Street
· Direct legislation.  Delafield Coalition is still working hard and does not want City water.
· Closed session:  Raises--agree with Jim Zahoric.  Slow down development.

Lynne Reich, 484 Garrison Ct.
· Special newsletter.  Bothered by second paragraph, very misleading to tell general public that have not been at meetings that one of six wells failed tests for bacteria.  The well tested were wells that had problems already.  What about all the people who didn’t have their wells tested.

Ald. Romanowski stated the data comes from the 209 wells tested in April 2000.

Mr. Huber stated he called the County.  Figures are more like 100 wells tested.

· Newsletter states fourth reason for municipal water is that controlling the utility systems and the extension of those systems gives the community one more tool to effectively manage growth and development.  What does that mean.  Why wasn’t this discussed at any meetings?

Adm. Carlson stated that this was discussed at the September 14, 2000 meeting.  The example that was given was the hotel development at my previous employer.  This gives one more tool beyond zoning that you can use to encourage land use patterns that are in your interests.

· Contaminants.  Nothing about iron.  Should have been stated more clearly.
· Newsletters not clear, misleading.
Ald. Aldridge and Ald. Quartaro stated that the flyers being circulated have misinformation in all of them.

Martin Porubcan, 1525 3rd Street
· Wants Cushing gym for public hearing meeting on water issue, not the cafeteria.  Cafeteria is hell hole.  Feel like sardine.  Psychological--destroys minds to make you feel little like a dog.  Get the gym.

Clerk Czubkowski stated that rooms are checked out through Community Education at the school.  The gym was not available for the meeting.  It is the only public room that has windows that can be opened and there are doorways on both sides to keep air circulating in the room.

Colleen Costigan-Seaman, 1613 Milwaukee St.
· Newsletter.  One in six wells that failed, tested for bacteria.  Documentation?  What type of bacteria?
· Handed out booklets from the National Groundwater Association on domestic well drilling.  Other communities have resisted city water on a national level.  Will move forward in a legal manner if must.
· What is Del-Hart being expanded for?
Ald. Romanowski stated that it is being expanded for the next 20 years of growth in the Hartland, Delafield, Nashotah, Town of Summit area.  It is also being modified for tougher DNR restrictions on nitrogen.
· Is Hawks Commons not growth?
· Closed session:  raises?  Hope the City is not giving a raise—consider taxpayers money.

Gary Kuhn, N79 W130 County Club Dr., Menomonee Falls (past president and member of water well association, serving on a committee for the advisory council to the DNR)
· Invited by coalition in opposition to water.
· Criteria must be met to bring in municipal water.  Newsletter indicates quantity as one issue—never heard of instances in the Delafield area when there was a lack of water quantity.  Supported by the fact that City wishes to run water from sand and gravel shallow aquifer—in and of itself that indicates that water plentiful.  From quality standpoint, nitrates and chloroform were an issue.  Not knowing what nitrate levels were will simply deal with chloroform.  Chloroform in and of itself is not harmful.  It can be airborne, soil borne, as well as a number of other ways.  The DNR and the State Lab of Hygiene have been testing air recently through venting caps.  Criteria to make this decision is at best speculative.  Dealing with data that is unclear.

Joyce Wetzel, 715 W. Shore Dr.
· Heard different version of TIF district.  Has copy of original papers from 1994.  Wrote letter on 8/21 to Council asking if the letter could be read at the meeting.  It was not.  In letter, quotes directing from TIF district report—“any proposed additional … costs amounting to more than $100,000 would require amendment of a … land and approval of the TIF joint review board.
· Ask Attorney Chapman not to make things worse in this community than they already are.  People have petitioned this Council for referendum.  Find a way to do it peacefully and quietly without further aggravation.  Give people what they want one way or another.
· Moratorium—well, yes, that would be fine.  But, this community can learn to stick with their zoning.  The zoning on the Hawks Commons land is R-3 except for one little portion which is R-6.  R-3 zoning calls for 20,000 sq. feet per lot.  That only gets you two lots out of an acre.  With a 32-acre parcel, all they can put up is a little over 64 properties.  Don’t have to hand City over to Jim Behrend and Robert Lang.
· Cushing School—many meetings in gym.

Bob Anderson, 1527 Milwaukee St.
· Newsletter—chronological history.  It left out the hundreds of people that picketed outside City Hall indicating they did not want water.  It left out the hours, after hours of no they did not want water.  It left out the meeting held at the Fish Hatchery where the people that were there were saying no, we don’t want water.  Does not want this information left out of history.

Tom Kelley, 2218 W. Shore Drive
· Bothered when he got special newsletter—distorted to the nth degree.  Went to 19 meetings last month.  Milwaukee Journal at his place and will show the City pictures of the amount of silt that is coming into lake Nagawicka.  You will finally see what is happening to the lake.  As chair for Lake Welfare, angers him to see what is going on and can’t do a thing about it; feels helpless.  Things that have been built and things going on in subdivision, and building on 83 and 94 must stop.  Either that or the lake will be ruined.  Attorney Chapman making big mistake in saying this is administrative and not legislative.  Give people the right.  Surge will be unbelievable if water forced down people’s throats.  50 inches of silt 10’ feet off his pier.  Council not listening.  Put in application for dredging in April with DNR.  Have not heard anything.
Ald. Romanowski stated that money is budgeted in the five-year capitol improvement program for drudging.  Council is aware there is a problem and planing to move ahead with corrective action.

Mark Lane, 3591 Kettle Court East (Mark’s Auto Body)
· Moratorium concerns.  Include the whole City of Delafield or just downtown area?
Has a lot for sale, would like to sell lot.  If moratorium is put up concerned.

Ald. Romanowski stated that he thinks the motion at the Plan Commission was intended for the whole City.  It needs to be discussed and determine what details will be included in a moratorium if the City goes ahead with one.

Mark Weber, 2534 Pearl Ct.
· Council is responsible to vote the way the people want them to represent them.
· Majority people opposed to continued growth at the rate that the City is going.  Growth must be responsible growth.  Changing zoning and allowing things to come into play that shouldn’t be there shouldn’t happen.  (Responsible growth within zoning and don’t change.)
· Water System.  When the City gets closer to November 6, think about what people are asking.  Put substantial effort and time into communicating point of view.  If there are people on the other side, they need to step forward.

Linda Kuklinski, 2842 Nagawicka
· Responsible growth:  City cannot deny negative impact of growth on lake.  For much longer period of moratorium.  Look beyond tax base; look at preserving the community and the environment at present.  Don’t make decisions without letting people know.

Dan Costigan, Milwaukee Street
· Did alderpersons send out postcards getting peoples’ opinions on who wants water?  How many calls re water, do/don’t?
· Came home this weekend and saw a pile of trees cut down on Milwaukee Street.

James Lafore, 1441 Genesee St.
· Why is the Council not going with the majority?
· Growth:  developers should pick up all costs because costs will be passed on to his consumers.  Taxpayers don’t have that luxury.
· Developers are getting what they want.
· Forcing two property owners footing the bill for a small road.  Is that a way for them to lose their property, and it doesn’t benefit them hardly?  You’re basicly forcing the people out of their land, for what purpose.

Jeff Berkowski, 2930 Nagawicka
· Have not seen or heard anyone come and say they want water.
· Moritorium—Silt/Delafield did allow retention pond go across into the Lake.  There was a standpipe there to allow the water to settle.  City allowed Nashotah to do this.  Nashotah not addressing the problem of their subdivision that they built that now retains no water at all.  Yet, it has roads, streets, driveways, roofs.  It all puddles down there and comes through.  Stop Lake County Estates from letting sediment pour into the lake with every rain.

Alan Karsch, 1336 Wilderness Trail
· When the issue of the Hawks Commons gets serious and the discussions start to take a direction, he would like to offer the Plan Commission and Plan Commission an alternative plan for the land use.  He thinks the City should buy the 35 acres and turn it into park land.

Mary Zahoric, 1948 W. Shore Drive
· Mistrust because initially whole thing voted through and then community up-in-arms.  Then, informational meeting with no experts brought in by the City.
· Re:  Attorney Chapman’s decision:  All made mistakes in the past, can only hope that the people elected will make the right decisions based on the facts.

Ald. Romanowski stated that the City hired an engineer, a financial analysist, invited Tom Wetland to the meeting.  City attempted to bring in experts.  Engineer and financial analysist were at meetings before voting took place.

Hassen Karbasi, 461 Gardner Ridge
· Water:  love area/environment.  Changes are too fast.  Learn from mistakes in GA and FLA.  His well is the best water he ever had in U.S.  Does not want municipal.
· Hawks Commons—as a business person, solve employment problems.  Business is not important to him.  The quality of life is important; goes home for lunch to enjoy his life.

Sharon Costigan, 1547 Milwaukee Street
· Unfamiliar with bond issue/how it works

Adm. Carlson stated that you basically have a bid out the sale of the promissory notes.  You get written quotes on the interest rates.

· Borrow $3 million?  It’s for water?  Hearing taxes going up.  This bothers her.  Now borrowing money for water.  Didn’t have a referendum; don’t know if City is getting water; most people don’t want water.  Now Council is thinking about borrowing $3 million for water.  Sounds like City going ahead with water before the referendum.  Will there be charges on bonds?

Adm. Carlson stated that if the water did not go forward, then the City would simply return the loan.  City will pay bond council fees that are a function of how large the bonds issued are and how often you sell bonds.  There is a minimum fee of $2500 per bond issue charged from the bond counsel.  So, there are cost savings by lumping together the financing, and gives flexibility to pay for the water improvements.  But, you can also come back in the spring or summer or never if you did not want to move forward with the water system.

· Wish the Council would not vote to borrow money before it knows if we are going to have municipal water in Delafield.

3. CONSENT AGENDA
a. Approve two-year bartender license for:
Rebecca Kroll, W325 S10373 Beulah Road, Mukwonago, Rocky’s
Brent Yunk, 2562 N. Prospect Apt. #2, Milwaukee; Water Street
Approve one-year bartender license for:
Paul Johnson, 255 W. South Street, Wales, Sentry Foods
Lisa Krueger, 2310 Hirschman Lane, Hartland
Thomas Meendering, 629 Main Street, Delafield; Jessica’s Café
MOTION TO APPROVE.  (QUARTARO/CRAIG)  CARRIED.
b. Resolution Disallowing Claim for accident caused by malfunctioning traffic signals
Attorney Chapman recommends denial/disallowing claim—not City’s lights.
MOTION TO APPROVE.  (ALDRIDGE/LIEBLANG)  CARRIED.
c. LACS Joint Powers Agreement for 2001
MOTION TO APPROVE.  (QUARTARO/CRAIG)  CARRIED.
d. National Appraisal re-evaluation Contract 2001
MOTION TO APPROVE.  (QUARTARO/CRAIG)  CARRIED.
4. Committee Reports
a. Licenses
1) Temporary Class B. license for Lake Country Women’s club for auction on November 7, 2000 at Fish Hatchery.
2) Temporary operator’s license for Bonniee Fieber, 1814 West Shore Drive for Lake Country Women’s Club Auction on November 7, 2000.
MOTION TO APPROVE.  (QUARTARO/ALDRIDGE)  CARRIED.
b. Plan Commission/Ald. Romanowski.
Major items were Colder’s Showroom and Building Moratorium
 c. Lake Welfare Committee/No report.
 d. Park and Recreation Commission/Ald. Aldridge/Meeting Oct. 18, 2000
e. Public Works Committee/Ald. Romanowski/
One major item to be considered tonight is rehabilitation of the City’s sanitary sewer lift stations, item 7f.
f. Del-Hart Commission/Quartaro
Planned expansion will take place without a rate increase.  All Del-Hart Commissioners felt that any planned expansion costs should not be borne by the current users but by the future users.  Those interested in getting service from Del-Hart – Town of Delafield, Genesee and the Kettle Moraine School District.  Adm. Carlson stated that he received a telephone call from Mr. Hyde informing him that a public hearing will be held December 12 on Del-Hart’s facility plan.
g. Recycling Committee/Mathey/No meeting
 h. Police & Fire Commission/Mathey/No meeting
 i. Cable TV/No meeting/Craig
j. Library Board/Craig
Hummel and Wilson was hired to help with the building program statement—step #4.
 k. Other committees/none
5.  OLD BUSINESS
a. Grant of modification of the conditional use permit for Cushing Park Business Center to allow for a telecommunications tower to be erected on Lot 7.
MOTION TO GRANT.  (CRAIG/LIEBLANG)  CARRIED.
b. Consider and act on petition of SBA Towers, Inc., to erect a telecommunications tower on Lot 7, Cushing Park Business Center
  MOTION TO APPROVE.  (CRAIG/ALDRIDGE)  CARRIED.

6. MAYOR'S REPORT/None
 
7. NEW BUSINESS
a. Resolution Authorizing Sale of Municipal Bonds (Dave Anderson)
Adm. Carlson introduced Mr. Dave Anderson from Ehlers & Associates.  Dave represents the City’s financial advisor and is present to present the City with two options for issuing promissory notes to pay for obligations that the City currently has and obligations that the City could possibly have.
Mr. Anderson referred to the report of October 12th.  The report talks about the TIF district update to financial –where we’re going to TIF districts and two options for financing.  Looking at three different things to finance:  general fund projects that were budgeted for, refinancing some water debt already have in lieu of payments, and the TIF projects.
Money coming in from TIF 1994:  $3 m x tax rate = $76,747 the first year.
From that point on the money has increased each year.  The expected amount to budget this year is approximately $208,000 which is money coming in from TIF district.
Scenario A:  nothing else built in TIF district—$7,398,114.  This money will be needed to pay off principal and interest on any debt taken on for TIF projects.  How much project could the City afford if nothing else is built.  That amount of projects is $3,448,828.  Given this scenario with no new buildings you would be able to pay for any of the projects that are going to be talked about under either option talked about this evening.
Scenario B:  Town Center and Daybreak projects have been approved.  Therefore, if just those are built, the City would be able to pay for $4,486,000 in projects.
Scenario C:  In addition to those projects approve, what would happen if over the next five years the proposed downtown development with 60-single family units.  The total amount the TIF could pay for would be $7.1 million.
Option 1:  Project costs—street paving in general fund budget for $250,000, budgeted $398,000 for cap equipment, $15,000 for storm water project, $100,000 public works shed, and additional lighting for Cushing Park bridge and park improvements.  Those monies were in your 2000 budget.  That amount for the general fund is $895,000.  The next item is the TIF projects—downtown park improvements, Milwaukee Street improvements, main street lamps, Wells street reconstruction, Genesee Street lights and Main Street sidewalks.  TIF at $750,000 project costs.  This is well under the TIF can afford to repay.  The final item is $630,000.  $5,000 for refinancing debt that was used to pay for your water utility.  When the TIF was initially financed there was a balloon payment.  That balloon payment was always intended that it would be refinanced.  The City has reached the point where they have reached the ability to prepay or refinance that debt.  These are the projects that are being looked at to finance under Option 1.
Repayment:  $895,000 would be paid over a ten year period of time on the tax levy.  The TIF district would pay off $750,000 by the year 2008.  Water utility would refinance its debt to the year 2010.  This would actually lower payments that are necessary for the water utility budget.  Bottom line financing under Option 1 is a total of $2,290,000.  Balloon payment deadline on the water debt is 2005.
Option 2:  List projects is identical to Option 1 with one major exception and that is that the water system is $3,000,000 TIF share.  The difference is that if you add $3,000,000 to the TIF that would be paid off over a longer period of time.  The total amount with that payment would be $3,275,000 which is less than any of the scenarios.
Adm. Carlson stated that the money borrowed from the sewer fund must be replaced by the end of the year.  Discussion.
MOTION TO APPROVE OPTION 1.  (QUARTARO/CRAIG)  DISCUSSION.  ALDRIDGE—NAY.  CARRIED.
Resolution as drafted by City Attorney to borrow $2,290,000.  Adm. is authorized to file the proper notice to be published in the newspaper and preparation of an official statement will be done by Ehlers and put in the official term of the offer with respect to the notes.  After they receive the bids, which on the city’s timeline is November 20, Ehlers will bring them to the City at which time the City can award the bid to the lowest interest rate.
MOTION TO ADOPT RESOLUTION.  (QUARTARO/LIEBLANG)
ROLL CALL VOTE:  PAUL CRAIG, YEA; RICK LIEBLANG, YEA; LINDA QUARTARO, YEA; KATHY ALDRIDGE, NAY; JIM ROMANOWSKI, YEA.  CARRIED.
b. Approve rip rap permit for John and Pauline Hemmel, 3407 Lake Drive
Adm. Carlson stated that this is normally on a consent agenda.  The DNR forwards these for FYI.  There actually is not a permit approval process for the city of Delafield.  DNR approves these rip rap permits but wants the City to be aware of it.  Does the Council want Adm. Carlson to routinely refer these to the Lake Welfare Committee rather than the Council.  These notices will go to both.
c. Petition for Direct Legislation and Attorney Chapman’s opinion
City Attorney Chapman present.  First, Attorney Chapman never stated that the City cannot have a referendum on the water issue.  He stated in as early as ’93 or ’94 that a referendum on instituting the application for the water utility did not require a referendum as late as a couple months ago and said the same thing a couple months ago with regard to extending the district.  The order of the public service commission grants the City a utility district citywide.  The problem pointed out at the last Council meeting is that if you do have a referendum separating them from the direct legislation that’s not a referendum that’s initiative.  I pointed out that the problem is who is going to vote on the referendum if you do have a referendum be it advisory or not.  That’s the issue that Attorney Chapman sees because right now the City is pulling water from a limited area.  Are the electors in the City going to vote or are the electors in a specific area going to vote?  Direct legislation is different that’s initiative.  That’s people telling you as stated in Attorney Chapman’s letter of October 3rd that they want specific legislation adopted by you or put on a ballot for a referendum vote.  But, it’s initiated by the electors.  The City has the option to adopting the direct legislation as written or putting it on a ballot for the next election.  Because of the time limit, it would be next April.  It is not an option you have if its proper direct legislation.  The City must do one or the other.  The courts have created some exemptions that allow the City to reject either adopting it verbatim or putting it on the ballot.  There is a recent 1999 case in the city of Mauston, those are court created limitations on direct legislation.  Referring to the letter of October 3, Attorney Chapman stated that numbers 1, 2, and 4 apply here and then he gives the opinion of why he feels it is administrative in nature not legislation therefore it cannot be direct legislation because it is administrative.  You cannot compel the Council to review existing ordinances or resolutions.  The Council has gone quite far in the water issue, hired engineers, made motions and refers to the motions and the reconsiderations of those motions.  Number 4 is critical because the statutes do provide a specific procedure for water utilities.  Skipping over, Attorney Chapman addresses the legislative or administrative on the bottom of page 3 and summarizes re administrative as follows:  “the power to be exercised is legislative in its nature if it proscribes a new policy or plan whereas it is administrative in its nature if it merely pursues a plan already adopted by the legislative body itself.
MOTION TO ACCEPT ATTORNEY CHAPMAN’S OPINION AND DENY DIRECT LEGISLATION AND NOT PUT IT ON THE BALLOT FOR REFERENDUM.  (QUARTARO/ALDRIDGE)  DISCUSSION  CARRIED.
e.       Consideration of building moratorium
This issue came to surface at the last Plan Commission meeting.  The Commission adopted a motion to recommend a building moratorium in Delafield for at least six months to review the master plan and consider the impact development has had on the community.
MOTION TO SEND BACK TO THE PLAN COMMISSION TO GET A MORE DEFINITIVE ANSWER AS TO WHAT THEY ARE ASKING THE COUNCIL TO DO AND TO WORK WITH ATTORNEY CHAPMAN COMMISSION BEFORE IT COMES BEFORE THE COUNCIL AGAIN.  (CRAIG/ALDRIDGE).  DISCUSSION.  ATTORNEY CHAPMAN STATED THAT TAKINGS IS AN ISSUE IN THIS MATTER.  A MORATORIUM SHOULD BE AN ORDANINANCE NOT A RESOLUTION.  IT SHOULD BE FOR THE PURPOSE OF CONDUCTING STUDIES FOR THE PURPOSE OF UPDATING AND OR AMENDING PLANS OR REGULATORY CONTROLS TO PREVENT WHAT MAY BE NONCONFORMING IF YOU DON’T.  If you don’t make them step aside and let them proceed and then you adopt legislation that makes them nonconforming.  A moratorium can’t prevent that.  The rationale is the planning base.  It is apply to area or areas where needed, be as short as possible, it need not prohibit all development, include exceptions.  Further, the moratorium was not on the agenda and comes before the Council without a recommendation.  The master plan, building code, zoning ordinance, residential, commercial industrial, ordinance text or mapping, downtown area, any other specific areas, storm water ordinance, storm water ordinance, storm water in a specific area which was added by Attorney Chapman, or any or all of those topics which may or may not need revision or study, or updating.  The City will need to have an ordinance adopting the smart growth master plan.  CARRIED.
f. Presentation of final lift station upgrade analysis (Foth & Van Dyke)
Mr. Kevin Richardson (Foth & VanDyke) present.
Ald. Romanowski stated that earlier this year they hired engineering expertise to examine the City’s lift stations.  They are now  approaching twenty-two years old.  There is some recent history of failing equipment and equipment wearing out and also safety issues.  So, the City felt it is time to do an overall evaluation of the entire lift station system.  There are 19 lift stations owned by the City of Delafield and 3 are owned by the Village of Nashotah and there is a contract with the Village to service their lift stations.
Mr. Richardson displayed pictures of lift stations.  City has issues with electric wiring, safety, and the biggest issue in the mind of Foth &VanDyke is the confined space entry.  There are valves and equipment that needs to be reached by somebody entering a lift station.  Foth recommends that the work be done to meet the code.  Inspection was done to see what must be done to have the stations can be served properly.  The total bottom line is $1.5 million to bring 22 stations up to code and to take care of the serviceability.  Much time was spent with Staff and the Public Works Committee going over what needed to be done to make these dependable stations and to make sure that sewerage does not end up in someone’s basement.  Mr. Richardson stated that there is 3% money available from the “clean water fund.”  Currently the rate is 2.97%, but for the sake of the analysis he used 3%.  The clean water fund is a revolving loan fund from the State.  It is administrated by the DNR.  It’s a priority-type of loan program.  Mr. Richardson proposes that the City file a letter of intent with the DNR intending to borrow $1.5 million for the project, to do the project according to the recommendations/improvements put together by Foth and the bottom line would be the cost per DUE per month to do this project is $2.81, but the $2.81 is already being collected and is available in surplus.
MOTION TO FILE LETTER OF INTENT.  (CRAIG/LIEBLANG)  CARRIED.
g. Other

8. ADMINISTRATOR’S REPORT
 Adm. Carlson stated that there was a meeting regarding the fire service consolidation and a draft of the proposed scope of services will be forthcoming within 30 days.

9. CLERK'S REPORT/Marilyn Czubkowski/None

10. FINANCIAL REPORT
a. Approval of voucher list
MOTION TO APPROVE.  (LIEBLANG/QUARTARO)  CARRIED.
b. Revenue/Expense Report
c.   Treasurer’s Report

11. CORRESPONDENCE
a. Receipt of SEWRPC 1999 Annual Report
b. Correspondence dated September 11, 2000 from Daniel Finley regarding recycling grant dividend
c. Correspondence dated September 1, 2000 from Shirley Allison, 1504 Milwaukee Street regarding city water and the extension of First Street
d. Correspondence dated Oct5ober 6, 2000 from Maurice Sullivan regarding municipal water
e. League of Wisconsin Municipalities letter dated September 20, 2000
f. The Lang Companies list of events for Fall 2000
g. Thank you letter from Hawks Inn Historical Society Inc.
h. Letter from Desire Harper, Delafield Postmaster regarding Delafield zip code
 
12. CONTINUATION OF GOALS AND PRIORITIES

13. Adjourn into closed session per § 19.85© considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility (City Administrator and Department Heads) and § 19.85(e) deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session (park land).
MOTION TO GO INTO CLOSED SESSION.  (QUARTARO/LIEBLANG)
ROLL CALL VOTE:  PAUL CRAIG, YEA; RICK LIEBLANG, YEA; LINDA QUARTARO, YEA; KATHY ALDRIDGE, YEA; JIM ROMANOWSKI, YEA.  CARRIED.  Council went into closed session at 10:35 p.m.

14. Reconvene into open session
MOTION TO RECONVENE INTO OPEN SESSION.  (QUARTARO/CRAIG)
ROLL CALL VOTE:  PAUL CRAIG, YEA; RICK LIEBLANG, YEA; LINDA QUARTARO, YEA; KATHY ALDRIDGE, YEA; JIM ROMANOWSKI, YEA.  CARRIED.  Council reconvened into open session at 11:05 p.m.

15. Action on items discussed in closed session./None

16. Adjournment.
There being no further business,
MOTION TO ADJOURN.  (QUARTARO/CRAIG)  CARRIED  Meeting adjourned at 11:10 p.m.

Respectfully submitted,
 
 

Joann Dodge
Recording Secretary