City of Delafield Common Council Minutes April 2, 2001 7:00 p.m

Present:                              Absent:
Mayor Ed McAleer           Ald. M. Mathey (arrived at 7:08p.m.)
Ald. P. Schuman
Ald. P. Craig
Ald. R. Lieblang
Ald. L. Quartaro
Ald. K. Aldridge
Ald. J. Romanowski
Admin. Matt Carlson
Clerk M. Czubkowski
Fred Welch, City Engineer
Carol Snyder, Chairperson
Robert Transon
Robert Mitchell
Phyllis Sigmond
Marleen Webb
Lorinda Quinlivan
Libby Gifford
Skip Abbott
Terry Zignego, Acting Library Director
Chris Cramer

6:00PM Special Joint Meeting with Library Board (Closed Session)
Mayor Ed McAleer called the meeting to order.  A quorum was present.  Clerk Czubkowski took roll.

1. ADJOURN TO CLOSED SESSION

MOTION MADE BY ALD. CRAIG, SECONDED BY ALD. LIEBLANG TO ADJOURN INTO CLOSED SESSIONS AT 6:02 P.M. PER § 19.85(E) DELIBERATING OR NEGOTIATING THE PURCHASE OF PUBLIC PROPERTIES, THE INVESTING OF PUBLIC FUNDS, OR CONDUCTING OTHER SPECIFIED PUBLIC BUSINESS WHENEVER COMPETITIVE OR BARGAINING REASONS REQUIRE A CLOSED SESSION (PURCHASE OF PUBLIC LAND).  ROLL CALL VOTE ALD. P. SCHUMAN, YEA ; ALD. P. CRAIG, YEA; ALD. R. LIEBLANG, YEA; ALD. L. QUARTARO, YEA; ALD. K. ALDRIDGE, YEA; ALD. J. ROMANOWSKI, YEA; CAROL SNYDER, YEA;  ROBERT TRANSON, YEA; ROBERT MITCHELL, YEA; PHYLLIS SIGMOND, YEA; MARLEEN WEBB, YEA; LORINDA QUINLIVAN, YEA; LIBBY GIFFORD, YEA; SKIP ABBOTT, YEA.

2. RECONVENE INTO OPEN SESSION.

MOTION MADE BY ALD. QUARTARO, SECONDED BY ALD. LIEBLANG TO RECONVENE INTO OPEN SESSION AT 6:12 P.M. ROLL CALL VOTE.

3. ACTION OF ANY ITEMS DISCUSSED IN CLOSED SESSION

MOTION MADE BY ALD. CRAIG, SECONDED BY ALD. QUARTARO TO PROVIDE THE LIBRARY BOARD WITH A SITE FOR THE NEW LIBRARY.  PROPERTY IS ON THE NORTH SIDE OF MAIN STREET, WEST OF THE FISH HATCHERY, AND EAST OF THE BASEBALL FIELD.  CARRIED.

MOTION MADE BY LIBBY GIFFORD, SECONDED BY ROBERT TRANSON TO ACCEPT THE CITY’S OFFER FOR THE SITE OF THE NEW LIBRARY.  CARRIED.

4. ADJOURN

MOTION TO ADJOURN JOINT MEETING AT 6:55 P.M. (CRAGI/LIEBLANG)  CARRIED.

7:00 PM Council Meeting

The Common Council Meeting was called to order by Mayor E. McAleer at 7:00 PM.  A quorum was present and acting.  The Pledge of Allegiance was recited.
Roll Call was taken.
1. Approve minutes of March 5 and March 19, 2001.
MOTION TO ACCEPT MINUTS OF MARCH 5 AND 19, 2001 (R. LIEBLANG/P. SCHUMAN).  MOTION CARRIES.  ALD. M. MATHEY ARRIVED AFTER MINUTES WERE APPROVED.
2. Citizen comments on items pertaining to this agenda.
No citizen comments.
3. Consent Agenda
a.   Police Dept.- Disposition of unused or old property
MOTION TO ACCEPT CONSENT AGENDA ITEM 3A (J. ROMANOWSKI/P. CRAIG).  MOTION CARRIED.
4. Committee Reports
a) Licenses
1. L. Demenck, Ruggeri, Inc., 2-year bartender's license.
MOTION TO APPROVE (L. QUARTARO/P. CRAIG).  MOTION CARRIED.
b) Plan Commission - J. Romanowski reported on the proposed ordinance relative to lighting that will need to have a public hearing before the Common Council.  The Commission forwarded to the Lake Welfare Committee information relative to boathouses that may become part of a future city ordinance.
c) Lake Welfare Committee – P. Schuman reported on the activities of this Committee.  On April 26th at 6:30PM a meeting will be held at Cushing School to review and discuss the Lake Management Plan.  Council members received a copy of the plan.  Dr. Thornton is in the process of compiling a summary of the report.
d) Park and Recreation Commission – Per K. Aldridge a meeting was held last Wednesday, but no action was taken.
e) Public Works Committee – J. Romanowski stated that the minutes from this meeting were included in members' packets.  Another stormwater workshop will be held on Tuesday, April 10, 2001 in the Council Chambers.
f) Del-Hart Commission – A meeting is scheduled for Tuesday, April 3, 2001.
g) Recycling Committee – A meeting is scheduled for Tuesday, April 3, 2001.
h) Police and Fire Commission – No report.
i) Cable TV Committee – No report.
j) Library Board – Land was turned over from the City to the Library Board for the construction of a new Library at a special closed meeting conducted prior to the Common Council meeting.  Numerous applications for the Head Librarian's position have been received.
k) Other committees – L. Quartaro reported on the Shared Dispatch Project.  Very preliminary and further study is needed.  There is another meeting scheduled to further discuss the merger.  More information as to costs and implementation is still being worked.
5. Old Business
a) Approve Development Agreement for Purity Office Building.
M. Carlson reported on the funding version of the Developer's Agreement.  City Engineer F. Welch and City Attorney W. Chapman reviewed changes to the draft.  New proposal designates that if a charitable organization or other non-taxable entity occupied part or all of the building, then a payment in lieu of taxes would need to be made.  The second section deals with a letter of credit for landscaping amenities - 110% for a 10-year period for the cost of landscaping.  Additional discussion focused on completed plans.
City Attorney W. Chapman added a contractual use agreement and permit by City, which needs to be drafted by staff.  Also, no further subdivision of property is allowed.
MOTION TO APPROVE DEVELOPMENT AGREEMENT FOR PURITY OFFICE BUILDING (J. ROMANOWSKI/K. ALDRIDGE).  MOTION CARRIED.
b) Three-hour Parking Ordinance
M. Carlson provided background on this ordinance.  Final surface on Fish Hatchery parking lot before adopting ordinance.  The goal is to have the Fish Hatchery parking lot completed before Memorial Weekend.  The street light conduit must be in the ground before surfacing begins.  Discussion ensued as to the parking ordinance and the two different versions.
MOTION TO APPROVE THREE-HOUR PARKING ORDINANCE (L. QUARTARO/P. CRAIG).  MOTION CARRIED.
c) Ordinance regarding overnight parking in the Fish Hatchery parking lot
The longer version of the proposed ordinance was approved.  This version made no changes to overnight parking on Oneida Street.
MOTION (EFFECTIVE JUNE 1ST) TO AMEND ORDIANCE SECTION 7.042 (R. LIEBLANG/P. CRAIG).  MOTION CARRIED.
d) Approve bid analysis recommendation from Foth & Van Dyke for Lift Station Upgrades - Financial issues discussion (continued)
Item continued, draft version for consideration on tonight's agreement.  City of Delafield will be billed for whole project and then will bill the Village of Nashotah for its part.  Nashotah is not part of contract and there will be a separate bid item for the Village's lift stations.  M. Carlson also discussed agenda item 7G, which affects issues regarding payment for work done on the lift stations.  If the City of Delafield is to serve as construction supervisor, then the City must control the job.  M. Carlson explained intergovernmental agreement with Village of Nashotah regarding lift stations.  M. Carlson is seeking approval form the Common Council before agreement can take effect.
P. Craig expressed concern about the clean water fund before approving the agreement.  Discussion ensued as to the clean water fund and condition of lift stations.
e) Resolution 2001-08 to consider allowing the Waukesha County Housing Authority to exercise its powers to issue revenue bonds to provide financing for a proposed housing facility for senior citizens
Phil Schultz of Horizon, Inc. and City Attorney W. Chapman have reviewed the resolution.  M. Carlson read the resolution for the Council.  M. Carlson advised the Council to adopt the Foley and Lardner version because it is site specific.  P. Schultz described the project, financing form the Housing Authority, the number of units and prices. Some units will be set aside for low-income buyers and others will be sold at market rate.
MOTION TO ADOPT RESOLUTION 2001-08 (P. SCHUMAN/P. CRAIG).  MOTION CARRIED.
6. Mayor's Report
None.
7. New Business
a) Discussion regarding storm water flow on Cushing Park Road.  Correspondence form Fred Welch, Welch Hanson Associates included.
Judy Hess, 301-303 Cushing Park Road (owner of a townhouse) addressed the Council concerning stormwater problems she is experiencing.  A large volume of water washes down her driveway during heavy rain seriously damaging her property.  This has been occurring for the last four years and coincides with the development of the Industrial Park.  J. Hess' immediate neighbors are also affected by the stormwater runoff.  J. Hess believes that the buildings and concrete located in the industrial park has prohibited the absorption of water, thus leading to the water run onto her property and causing damage.  J. Hess described the damage in more detail and what she had done to try to correct the problem, including paying for repairs.
L. Quartaro has been working with F. Welch in trying to remedy the situation.  F. Welch recommended that a ditch be dug as well as lower and increase culverts to catch the water run off.  F. Welch summarized the costs to be approximately $300 for a culvert and $10 x 450 to construct larger ditches.  M. Carlson also viewed site and spoke with J. Hess before the meeting.
Discussion ensued as to costs and responsibility for repairs.  M. Carlson cautioned Council Members about writing a blank check for water problems occurring around the City, whereas setting a sort of precedence.
J. Romanowski and the Public Works Department anticipated storm sewer on Cushing Park Road in the Five-Year Capital Plan.  M. Carlson suggested that the costs would be spread among property owners through a special assessment.  P. Craig asked about the number of water pumps that contribute to the problems and how will Main Street be affected by the runoff.
David Sime of 223 Cushing Park Road also described the problems that he is having from stormwater runoff.  He does not feel that residents should have to pay fix a problem that was created from the Industrial Park area being developed.
Extensive discussion ensued over the problems residents have been experiencing and various ways to help rectify the situation.
MOTION TO HAVE CITY ENGINEER TO TRY TO REMEDIATE PROBLEM AND TO DETERMINE THE BEST AND MOST ECONOMIC WAY TO SOLVE RUNOFF PROBLEMS (P.CRAIG/L. QUARTARO).  MOTION CARRIED.
b) Approve cell tower lease revenue sharing agreement with Ron Nickel
R. Nickel donated the small area land to the City for where the cell tower will be located.  Lease had been designed for a cellular tower.  Revenue from tower will be shared with R. Nickel and rent split 50/50.  This agreement is to compensate R. Nickel for any loss of property value from his surrounding land due to the tower being located on the donated land area.
MOTION TO APPROVE CELL TOWER LEASE REVENUE SHARING AGREEMENT WITH RON NICKEL (P. CRAIG/K. ALDRIDGE).  MOTION CARRIED.
c) Amend lease agreement with U.S. Cellular
M. Carlson provided background information on this item.  P. Craig expressed concern over the height of the tower.  Keith Nieman from Voicestream presented the system requirements and issues concern zoning, area of coverage and code requirements.  He also provided photometrics of the tower from various vantage-points around the City.  P. Craig raised the question of whether existing flagpoles can be used.  However, Voice Stream responded that this would not provide for the extended coverage that they are seeking.  Discussion ensued over the height of one tower versus multiple towers located around the City.
Dick Rogers from Verizon was also presented and provided a historical perspective about tower location and partnerships with other communities.
MOTION TO APPROVE TOWER AT 150 FEET (R. LIEBLANG/l. QUARTARO).  MOTION CARRIED.
MOTION TO AMEND U.S. CELLULAR PERMIT FOR MORE CO-LOCATERS ON CELL TOWER SITE (L. QUARTARO/K. ALDRIDGE).  MOTION CARRIED.
d) Approve cell tower lease for co-location with Voicestream Wireless
MOTION TO APPROVE LEASE FOR CO-LOCATION WITH VOICESTREAM WIRELESS CONTINGENT UPON SITE PLAN (L. QUARTARO/J. ROMANOWSKI).  MOTION CARRIED.
e) Approve cell tower lease for co-location lease with Verizon
MOTION TO APPROVE LEASE FOR CO-LOCATION WITH VERIZON CONTINGENT UPON SITE PLAN (L. QUARTARO/J. ROMANOWSKI).  MOTION CARRIED.
f) Approve Decorative Street Lighting proposal
M. Carlson provided background information on this item by describing project development and timeline.  This is a two-phase project.  The original specifications were for three years.  No completion date has been set but must be coordinated with City Engineer.  TIF will fund this project.
MOTION TO APPROVE LIGHT RECOMMENDATION WITH LYON'S ELECTRICAL COMPANY FOR $169,852, TOTAL FOR PROJECT (R. LIEBLANG/P. CRAIG).  MOTION CARRIED.
g) Intergovernmental agreement with Village of Nashotah regarding lift station upgrade project
MOTION TO APPROVE (P. SCHUMAN/K. ALDRIDGE).  MOTION CARRIED.
h) Discussion regarding temporary weight limits
M. Carlson provided background information including reasons and conditions for weight limits.  Generally, there has been compliance with weight limit restrictions and very few tickets have been issued since 1998.  M. Carlson and J. Romanowski recommended that weight limit issues be forwarded to the Department of Public Works for review.  The review includes currently posted limits, affected weights and possible changes.
8. Administrator's Report
Village of Nashotah will be restricted traffic over railroad tracks to northbound traffic from June 11 - July 31, 2001.
9. Clerk's Report
a) Regional Dinner Meeting - Please fill-out slip and return to M. Czubkowski.
b) New Municipal Officials Workshop - Attendance is strongly encouraged.
c) Election Notice - Polls open 7:00AM.  Close 8:00PM, 4/3/01
d) Informational meeting with Assessor, Keith Munson to discuss 2001 revaluation, April 10, 2001, 7:00PM Fire Department Meeting Room
e) Organizational meeting date - 4/17/01 - A quorum will be needed and acting for this meeting.
10. Financial Report
a) Approve voucher list
MOTION TO APPROVE VOUCHER LIST (K. ALDRIDGE/J. ROMANOWSKI).  MOTION CARRIED.
b) Approve January Treasurer's Report
MOTION TO APPROVE JANUARY TREASURER'S REPORT (P. SCHUMAN/P. CRAIG).  MOTION CARRIED.
c) Revenue and Expense report for the month of March through the 28th, 2001
11. Correspondence
a) Correspondence from League of Wisconsin Municipalities (3/20/01)
b) Correspondence (fax) from League of Wisconsin Municipalities (3/8/01)
c) Correspondence from SWRPC regarding use of Chentis/Krueger Community Senior Center
d) Correspondence from League of Wisconsin Municipalities (3/15/01)
e) Correspondence from Onyx Environmental Services regarding drum containing flammable waste
f) Correspondence from Wisconsin Department of Transportation enclosing the draft Executive Summary for the Statewide Pedestrian Policy Plan
g) Correspondence from Waukesha County Cooperation Council regarding Special Meeting on Shared Dispatch (3/7/01)
h) Correspondence from Coenen/Swandby Associates, Inc. regarding Governor's Budget (3/22/01)
i) Correspondence from Kathryn C. Bloomberg, Mayor of the City of Brookfield
12. ADJOURN INTO CLOSED SESSION
MOTION MADE BY ALD. ALDRIDGE, SECONDED BY ALD. SCHUMAN TO ADJOURN INTO CLOSED SESSION AT 9:25 P.M.PER §19.85(E) DELIBERATING OR NEGOTIATING THE PURCHASE OF PUBLIC PROPERTIES, THE INVESTING OF PUBLIC FUNDS, OR CONDUCTING OTHER SPECIFIED PUBLIC BUSINESS WHENEVER COMPETITIVE OR BARGAINING REASONS REQUIRE A CLOSED SESSION (PURCHASE OF VEHICLE THROUGH COMPETITIVE BID, JOINT SERVICES). ROLL CALL VOTE ALD. MATHEY, YEA; ALD. P. SCHUMAN, YEA ; ALD. P. CRAIG, YEA; ALD. R. LIEBLANG, YEA; ALD. L. QUARTARO, YEA; ALD. K. ALDRIDGE, YEA; ALD. J. ROMANOWSKI, YEA;

13. RECONVENE INTO OPEN SESSION
MOTION BY ALD. SCHUMAN, SECONDED BY ALD. ROMANOWSKI TO RECONVENE INTO OPEN SESSION AT 9:53 P.M. ROLL CALL VOTE ALD. MATHEY, YEA; ALD. P. SCHUMAN, YEA ; ALD. P. CRAIG, YEA; ALD. R. LIEBLANG, YEA; ALD. L. QUARTARO, YEA; ALD. K. ALDRIDGE, YEA; ALD. J. ROMANOWSKI, YEA;

14. ACTION OF ANY ITEMS DISCUSSED IN CLOSED SESSION

15. ADJOURNMENT.
MOTION TO ADJOURN AT 9:54 P.M. (SCHUMAN/CRAIG) CARRIED.

Respectfully submitted,

Marilyn Czubkowski, CMC  Dawn L. Drellos
City Clerk    Evening Clerk