City of Delafield
Common Council Minutes
February 19, 2001 7:00 p.m


Present:        Absent:
Mayor Ed McAleer       Ald. Rick Lieblang
Ald. Maurice Mathey
Ald. Philip Schuman
Ald. Paul Craig
Ald. Linda Quartaro
Ald. Kathy Aldridge
Ald. James Romanowski
Marilyn Czubkowski, City Clerk
Matt Carlson, City Administrator
7:00 PM Public Hearing to consider an ordinance to amend Sections 18.26(2) and (3) of the Municipal Code, which relate to the time within which action must be taken on preliminary plats.  No public comments were made.
MOTION TO CLOSE HEARING AT 7:02 P.M. (P. CRAIG/K. ALDRIDGE).  MOTION CARRIES.
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.
1. APPROVE MINUTES
MOTION TO APPROVE FEBRUARY 5, 2001 MINUTES (P. SCHUMAN/K. ALDRIDGE).  MOTION CARRIED.
2. CITIZEN COMMENTS
Steven Reich, 706 Main Street, Delafield (business address), referenced a letter from James Stoffer, owner of the Wholly Cow.  S. Reich expressed his concerns over the content of the letter and his position.  S. Reich provided a brief historical perspective over his property, parking areas, his parking agreement with Gary Gorski, and sidewalks.  He wanted to go on record stating that there is no dispute between him and J. Stoffer, and that he is not attempting to hide anything.  Mayor McAleer commented that the master plan does call for pedestrian access to the downtown area and that the Council is very aware of the parking problems affecting downtown.
James Stoffer, 637 Main Street (Wholly Cow), apologized to S. Reich for his written remarks and offered to clarify his position on the matter.  He does like his neighbors and is interested in maintaining good relations.
Gary Gorski, Gary’s Auto Repair, shared with Council members his position on the parking and sidewalk issue.  He also takes exception with J. Stoffer’s letter.  He supported S. Reich’s interpretation of the parking arrangement.  He also commended S. Reich’s concern for the only remaining tree in the way of the parking and his neighbors desire to keep the tree.
Lynn Reich, 706 Main Street, Delafield, voiced her concerns over J. Stoffer’s letter and how upset she was over its contents.  She stated that she and her husband have no “hidden agenda.”  She wanted her comments to go on record.
Betsy Busch, 830 Wells Street and 630 Milwaukee Street, Delafield, thanked the Mayor for the enforcement of the two-hour parking ordinance and gave an overview of the downtown parking situation.  She also thanked the DPW for keeping parking spaces cleaned.
M. Carlson talked about the bonding procedure for federal funds for clean water initiative.
Wayne Foster, of the Foster Group, has scheduled a public meeting relative to the development of the Ruff properties.
B. Busch was confused by this and requested clarification.  The Mayor explained the give and take of and control of issues regarding properties of this nature.  M. Carlson explained the reasoning behind and importance of deed restrictions and conditions attached to plats in approved subdivisions.  B. Busch expressed her concerns over 7(c) the sidewalk issue and her thoughts regarding where sidewalks should be laid.  Furthermore, she expressed her concerns over 7 (e) the reconstruction of Genesee Street and possible detours that would affect downtown businesses.  B. Busch states that this document is over seven years old and that the costs attributed to this project may no longer be accurate or current.  She was also concerned about posted routes and access to downtown.  Finally, B. Busch wants access to public records online (internet).  She would like to see the web-site up and running so that it is a benefit to the taxpayers and they can research records when it is most convenient for them.  M. Carlson agreed with B. Busch’s web-site suggestion and that steps are being taken to implement the concept of a 24-hour city hall so that individuals can have access to public records.  Internally a technology study group has been created to investigate this issue about the variety of technology and electronic issues that the City faces.  Effective use of cable Television, internet/website and other technological services are being reviewed.  M. Carlson met with Wis-DOT regarding the cost estimates and he felt the estimates may be “pretty light,” because of the undersurface of the road is being rebuilt and the utilities involved.  However, the 80/20 cost share will govern if cost estimates exceed what was originally stated (the City will need to come up with the other 20%).  Discussion ensued over taxes and a variety of other issues.
Jim Zahorik, 1948 West Shore Drive, addressed his comments to the Council regarding street improvements, the ordinance to improve the City’s water system, the water referendum and the upcoming school referendum.  J. Zahorik questioned what would be covered such as utility costs.  M. Carlson outlined what the state would and would not cover.  However, J. Romanowski commented that the utility companies might cover their own costs of relay, but that this would need to be confirmed with them.  He would like to see back on the agenda the absence of parking requirements for development in the CBD 1 & 2 district, now that we are in the middle of the first quarter.  He also addressed several items on the agenda and why certain things do not require public hearings.  M. Czubkowski stated that only ordinances related to land, Chapters 17, 18, and stormwater require public hearings.  Extensive discussion ensued on TIF 3 money and various other items.  He would like to see minutes reinstated on website for public viewing.  M. Carlson stated that the City would do what they could to get them back up.  Regarding the school referendum, P. Craig took exception to some of J. Zahorik’s comments, facts and figures regarding the way and how much money schools receive for funding.  P. Craig stated that schools are in dire straits and that the effect of revenue caps upon school budgets have been devastating.
3. CONSENT AGENDA
a) Approve destruction of building permits from 1991-1993
b) Approve Zero Tax Equivalent
c) Approve request from Delafield Chamber of Commerce to hold Delafield Days events on Friday, July 13, 2001, and Saturday, July 14, 2001,  (Use of Fish Hatchery grounds and volleyball court, request permission to sell food, beer, and wine coolers & request assistance from DPW [3 separate written requests provided]
d) Approve request from American Legion Auxiliary Unit 196, to use the DPW building for Fall Craft Fair on Saturday, October 13, 2001
e) Approve Ordinance 486, Plat Approval Timeline Ordinance
f) Approve Ordinance 487 removing Section 4.05 from City of Delafield Municipal Code
MOTION TO ACCEPT CONSENT AGENDA (P. SCHUMAN/L. QUARTARO).  MOTION CARRIED.
4. COMMITTEE REPORTS
a) Licenses – Two bartender licenses: Nakiya A. Lackey for Jessica’s Café, 2-year; Phyllis Wesolowski for Sentry Food Stores, 1-year
MOTION TO APPROVE LICENSES (l. QUARTARO/K. ALDRIDGE).  MOTION CARRIED.
b) Plan Commission – Discussion of site plan asked to change driveway entrance on Genesee Street and landscaping (see site plan).  J. Romanowski explained some of the details of the site plan.
MOTION FOR CONDITIONAL LAND USE PERMIT TO DAIRYLAND FUELS FOR THE DAYBREAK MOBILE SITE AND TO PROVIDE A PHOTOMETRIC ANALYSIS THAT COMPLIES WITH CITY ORDINANCE AND A LANDSCAPING PLAN FOR THE SOUTH SIDE OF THE BUILDING (J. ROMANOWSKI/L. QUARTARO).  MOTION CARRIED.
c) Lake Welfare Committee – No quorum at last meeting.  Meeting rescheduled to February 20, 2001 at 7:00PM, not 7:30PM, please note time change.
d) Park and Recreation Commission – Next meeting is Wednesday, February 21, 2001.
e) Public Works Committee – Second workshop for the 83/94 Storm Water Study is scheduled for Tuesday, February 27, 2001, at 7:00PM, to be held at the Fish Hatchery building.  The next PW meeting is set for Wednesday, March 5, 2001.
f) Del-Hart Commission – No report.  Meets February 20, 2001.
g) Recycling Committee – No report.
h) Police and Fire Commission – See Police and Fire Commission Minutes of January 9, 2001.  No other report.
i) Cable TV Committee – After September 1, 2001, there will be no senior discount given.  Those already with cable will be grandfathered.  This only applies to outside of Delafield because Delafield never had it (Delafield was unaware of this clause).  No other report.
j) Library Board – Good discussion at last meeting regarding search and screen application, interim process, automation conversion, building and public forum.  A retirement party has been planned for Polly on Saturday, February 24, 2001, from 4-6PM at the Fish Hatchery.
k) Other committees – No other reports.
5. OLD BUSINESS
a) Valley Road Farm, Addition No. 1, Approve Final plat (continued) – The City is awaiting language from the developer regarding deed restrictions and the preservation area.  Tabled to a later date.
6. MAYOR'S REPORT
a) Appointment - None
7. NEW BUSINESS
a) School District of Kettle Moraine to discuss proposed referendum
School Superintendent Sarah Jerome made a presentation before the Council relative to the April 3, 2001, School District of Kettle Moraine Referendum, as well as a historical perspective on the school district.  The referendum questions are 1) to borrow $16.9 million for construction and, 2) raise the levy $485,000 for operating costs.  Both questions must pass in order for the project to go forward.  During her presentation, the Superintendent provided the following reasons for the referendum:
· Additional classrooms to alleviate student overcrowding
· Replace outdated science labs to provide for a safer environment and storage area (water, gas and electric lines are in close proximity, safe storage for chemicals)
· Crowded instructional space in band and choir classes (too few emergency exits, acoustical problems due to volume in a confined space, insufficient storage and security for instruments)
· Additional classrooms needed to handle an increasing special education population due to advances in medical treatment
· Loss of valuable instruction time because 11 teachers must move classroom materials around in carts due to lack of classroom space
· Expand library space
· Existing industrial technology classrooms have old and obsolete equipment
The band room was built in 1965 to accommodate 125 students.  Today, over 250 students utilize the band room (another concern is trying to get all of these students during a fire drill out of the room using the one and only existing fire exit).  Since 1990, 300 students have been added.  Science and math instructional state mandate requirements have increased, however, classroom space and supplies have not kept up with these increased requirements.
After the Superintendent’s presentation, a discussion ensued between the Superintendent, Council members and the audience.  Several public meetings and open houses have been scheduled to help answer questions from the public about the referendum.  Tours of the High School can be scheduled with school officials.
b) Ordinance regarding overnight parking in Fish Hatchery lot (continued) – continued pending staff work on ordinance.
c) Discussion regarding downtown sidewalks and storm sewer policy
M. Carlson provided an overview of the sidewalk and storm water sewer policy.  J. Romanowski interjected that an engineer will have to plan and take into consideration parking concerns and what will fit within a block area.  A process needs to be conducted (a conceptual design initiated) before discussions regarding parking and tree removal is started.  Trees also need to be surveyed.  Workshops could be held to engage public input during the conceptual stage.  Discussion ensued as to the area and delegating the work to the City Engineer and City Planner.  However, there will be costs for delegating this work out.  More research will be needed to set a proposal as to what the project will include and possible costs.  Concerns were raised as to costs.  L. Quartaro would like to have more of a proposal or a guide as to what is included and some sense of costs.
d) Approve Colder’s Development Agreement – The Agreement is 95% complete.  M. Carlson stated that Colder’s would need to share storm water facilities in the area.
MOTION THAT ADDITIONAL WORDING BE ADDED THAT THE DEVELOPER AGREES TO COMPLY WITH STORMWATER REQUIREMENTS WITH MAY RESULT FROM THE CURRENT STUDY. (P. SCHUMAN/P. CRAIG).  MOTION CARRIED.
e) Approve project agreement with Wisconsin Department of Transportation to reconstruct Genesee Street
 Mayor McAleer inquired about parking spaces and design, and loss of parking spaces.  The elimination of angle parking may have an adverse affect upon parking in general.  L Quartaro discussed the implementation of a lighted crosswalk in front of the City Hall.  Extensive discussion ensued as to loss of parking space and citizen safety.
f) Approve Ordinance 488 regarding connections to City of Delafield Water System, Chapter 13.32.
Questions and extensive discussion arose regarding the wording of the ordinance and the addition of a resolution.  M. Carlson requested direction from the Council for drafting the ordinance.
L. QUARTARO WITHDRAWS HER ORIGINAL MOTION AND J. ROMANOWSKI WITHDRAWS HIS SECOND.  ITEM TO BE PLACED ON THE NEXT AGENDA.
g) Approve Contract Amendment #2 with Foth and Van Dyke
MOTION TO APPROVE CONTRACT AMENDMENT #2 WITH FOTH AND VAN DYKE (P. CRAIG/L. QUARTARO).  MOTION CARRIED.
8. ADMINISTRATOR'S REPORT
No report.
9. CLERK'S REPORT
a) Election Day-February 20, 2001-Department of Public Works 7:00AM – 8:00PM
b) Water Referendum – April 3, 2001 – Legal Notice
c) Hearing for Ruff Property – February 28, 2001, 7:00PM – Foster Group, Ltd.
The Clerk requested direction from the City Attorney to develop referendum.  J. Romanowski requested the following changes: 1) First page, insert “storage” after well and, 2) substitute the word “mains” instead of lines after transportation.  Discussion ensued as to the boundaries of the downtown area.  P. Craig expressed his reservations about the wording relating to the boundaries of TIF 3.  Discussion regarding P. Craig’s concern related to voluntary hook-up and business versus residential area occurred.
MOVE TO ACCEPT REFERENDUMS WITH MINOR WORD MODIFICATIONS (L. QUARTARO/J. ROMANOWSKI).  P. CRAIG OPPOSES MOTION.  MOTION CARRIED.

10. FINANCIAL REPORT
a) Approve voucher list
MOTION TO APPROVE VOUCHER LIST (L. QUARTARO/J. ROMANOWSKI).  MOTION CARRIED.
b) Approve Treasurer's Report
MOTION TO APPROVE TREASURER’S REPORT (J. ROMANOWSKI/P. CRAIG).  MOTION CARRIED.
11. CORRESPONDENCE
a) Correspondence from Dorothy L. Peterson regarding Delafield Commons
b)  Monthly Fire Department Report
c) Correspondence from Nadine E. Messenger regarding possibility of bike trail
d) Correspondence form Time Warner regarding new staff members
e) Correspondence from League of Wisconsin Municipalities regarding boundary agreement proposal
f) Correspondence from Jane Erkelenz regarding trash at Walmart Store
g) Correspondence from James Stoffer regarding sidewalks on Main Street
h) Correspondence from Waukesha County Executive regarding reward check for participation in the Waukesha County Recycling Program
i) Correspondence from Wisconsin Department of Transportation regarding “Local Transportation Funding Symposia” to be held on March 13, 2001, 8:00AM at Zoofari Conference Center
j) Correspondence from SWRPC regarding public hearing on regional water quality management plan amendment
12.  ADJOURN INTO CLOSED SESSION
MOTION MOVED BY ALD. SCHUMAN, SECONDED BY ALD. ROMANOWSKI AT 9:28PM TO ADJOURN TO CLOSED SECTION PER STATE STATUTE 19.85(C) CONSIDERING EMPLOYMENT, PROMOTION, COMPENSATION OR PERFORMANCE EVALUATION DATA OF ANY PUBLIC EMPLOYEE OVER WHICH THE GOVERNMENTAL BODY HAS JURISDICTION OR EXERCISES RESPONSIBILITY.  (PROFESSIONAL EMPLOYMENT/CONTRACTUAL AGREEMENTS AND CITY ADMINISTRATOR), AND 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, JOINT SERVICES).  ROLL CALL: ALD. MATHENY, YEA; ALD. SCHUMAN, YEA; ALD. CRAIG, YEA; ALD. QUARTARO, YEA; ALD. ALDRIDGE, YEA; ALD. ROMANOWSKI, YEA.  MOTION CARRIED.
13.  RECONVENE INTO OPEN SESSION
MOTION TO RECONVENE INTO OPEN SESSION AT 10.45 PM (CRAIG/ALDRIDGE) ROLL CALL:  ALD. MATHEY, YEA; ALD. SCHUMAN, YEA; ALD. CRAIG, YEA; ALD. QUARTARO, YEA; ALD. ALDRIDGE, YEA; ALD. ROMANOWSKI, YEA. CARRIED.
12. ADJOURNMENT
MOTION TO ADJOURN AT 10:46 PM (ALDRIDGE/ROMANOWSKI) CARRIED.

Respectfully submitted,
 

Dawn L. Drellos
Evening Clerk