City of Delafield
Common Council Minutes
February 5, 2001 7:00 p.m

Present:        Absent:
Mayor Ed McAleer
Ald. Maurice Mathey
Ald. Philip Schuman
Ald. Paul Craig
Ald. Rick Lieblang
Ald. Linda Quartaro
Ald. Kathy Aldridge
Ald. James Romanowsi
Matt Carlson, City Administrator
Marilyn Czubkowski, Clerk/Treasurer

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 MINUTES OF JANUARY 3 AND 15, 2001 (SCHUMAN/LIEBLANG) CARRIED.
2. CITIZEN COMMENTS

Bonnie Fieber, 1814 West Shore Drive regarding Boathouse Ordinance Clarification.

Margaret Zerwekh, 500 Mill Road regarding report on the Upper Nemabin Lake Management District Bark River Study Group.  She is concerned that this is really a citizens group with no qualifications to speak about our river.  The Council assured her that they were going to attend meetings and review the study.

Jim Stoffer, 637 Main Street, regarding the need for sidewalks on Main Street and the taking down of trees in the City right-of-way along Main Street

Jeff Nepper, 608 Milwaukee Street regarding sidewalks.  He supports sidewalks on Main Street.

Council discussed the timing of the sidewalks.  They want to see if the water referendum passes and then move forward with sidewalks.  It is all a matter of timing and design work.

Betsy Busch, 830 Wells Street regarding sidewalks.  Who will determine the location of sidewalks?

Lynne Reich, 484 Garrison Court and 706 Main Street does not want to see the trees removed in Downtown Delafield.

Jim Zahorik, 1948 West Shore Drive regarding the following items 11.c. Time Warner merger.  Request that the City ask for senior citizen rates for the City.  Item 7.b. City of Waukesha radionuclide case does not want taxpayers money use for this purpose.  Response was the City would incur no cost.
Moratorium – Mr. Zahorik feels that the length of the moratorium should be 6 months from the publication date, not May 20, 2001.  Response was that the Ordinance allows for extension of time.
Bark River Clean Up – Mr. Zahorik would like the Council to support the clean up of the Bark River.  Margaret Zerwekh indicated that she has not scheduled the clean up but thanks Mr. Zahorik for his support.
 
3. CONSENT AGENDA
a. Bartender License-Robert J. Mortellaro, Sentry Foods- One year
b. Approve Bid for new DPW truck.
c. Approve Resolution 2001-05 Designating Public Depositories and Authorizing Withdrawal of City of Delafield Moneys
d. Approve Decorative Lighting Request For Proposals
e. Williamstowne Stormwater Drainage and Detention Easement & Maintenance Agreement
Ald. Romanowski asked that item d and e be removed from the consent agenda.

MOTION TO APPROVE CONSENT AGENDA FOR ITEMS 3 A. THROUGH 3 C. (ROMANOWSKI/QUARTARO) CARRIED.

3.d.  Ald. Romanowski indicated that in effect this is a construction contract, therefore should be structured like a typical construction contract.  The City is required to advertise for bids, bid bond and performance bond should be included.

MOTION TO APPROVE WITH AMENDMENTS AND TO BE REVIEWED BY THE CITY’S ATTORNEY. (ROMANOWSKI/LIEBLANG)  CARRIED.

3.e. Ald. Romanowski asked if the as-built's were received.  Clerk Czubkowski confirmed that the City received the as-built for the stormwater and detention easement.

MOTION TO APPROVE THE WILLIAMSTOWNE STORMWATER DRAINAGE AND DETENTION EASEMENT & MAINTENANCE AGREEMENT (ROMANOWSKI/CRAIG) CARRIED.

4. COMMITTEE REPORTS
a. Licenses
b. Plan Commission

Ald. Romanowski reported that Plan Commission reviewed preliminary plans for Delafield Commons, RealCap, LLC applicant, formerly part of Hawks Common’s project.  The developer is proposing 51 single-family dwellings under a Planned Unit Development.  The Plan Commission gave the developer feedback that they would like to see revised densities.  Administrator Carlson obtained a legal opinion with regard to the building moratorium.  The opinion was that the project had appeared before the Plan Commission prior to the moratorium being in effect.  It was also stated that the project would have to adhere to any stormwater requirements that may be adopted.

Ald. Romanowski also reported that Plan Commission recommend to Council the amendment to the Conditional Use Permit for Daybreak and that this item would be on the 2nd Council meeting in February.  The project was originally presented to the Plan Commission in April 2000.  The Conditional Use Amendment was for rooftop signage.

c. Lake Welfare Committee
Ald. Schuman reported that several members of the Lake Welfare Committee attended the Southeast Wisconsin Lake Conference and Waukesha County Lakes Association meetings.  Items discussed at these meetings were goose control, Eurasian Watermilfoil, landscaping, enforcement on the lake.  There is going to be a Lake enhancement program February 21st at the Jefferson County Courthouse, for details people can call (920) 674-7295.  Ald. Schuman reported that there was to be a Stormwater Management and Erosion Control Workshop, Friday, February 23, at the Country Inn, Waukesha.  The fee is $75.00 to attend.  The Lake Welfare Committee in the future will look at Lakeshore landscaping and sensible shoreline lighting.

d. Park and Recreation Commission
1. Discussion regarding conceptual plans for Cushing Park and Fish Hatchery
Ald. Aldridge on the January 17 Park and Recreation Commission meeting.  Commission members reviewed the results of the survey.  The general comments supported a nature walk, playground equipment and tennis courts.  The Commission would like to have a workshop in March or April.

The Council reviewed the conceptual plans for Cushing Park and the Fish Hatchery.  Council discussed the items regarding Cushing Memorial Park pathways and if St. Johns Northwestern had been contacted regarding connecting to the pathways.  Placement of the restrooms, sledding hills, parking lot and bridge were also discussed.  Council members should provide feed back in writing to the Park and Recreation Commission.

Concerning the Fish Hatchery, the Council wanted everyone to be aware that there are drain tiles in that area.  There is money in the parking lot project for planting grass and some landscaping on the edge.

e. Public Works Committee
1. Report on Special Meeting held 01/24/01
Ald. Romanowski reported that the meeting was well attended some of those present were representative from the Lake Welfare Committee, Department of Transportation, Department of Natural Resources, Waukesha County Park and Land Use, South East Wisconsin Regional Plan Commission and Told Development.  Gary Raasch, Hey & Associates covered the scope of their work on the Stormwater study.  It is still very early and no conclusions are being made.  Several citizens made comments on erosion control.  The City Engineer is currently monitoring this situation and the City is taking corrective action when new development takes place.

2. Update on Colders
The Public Works Committee reviewed the grading, erosion control and stormwater management plans for Colders at the Special Pubic Works meeting January 24.  The project is moving forward with some minor items to be reviewed by the City Engineer and worked out at staff level.

Ald. Romanowski also reported that the City was currently advertising for bids on the Sanitary Pump Station Rehabilitation.  Also, the bridge request for qualifications for contract will go out on Wednesday of this week.  The City is working with the Department of Transportation on finalizing the contact.  The bridge will be constructed to DOT standards.  The bridge will be designed this year and constructed next year.

e. Del-Hart Commission - Minutes included (1/16/01)
Ald. Quartaro reported that Delafield-Hartland Water Pollution Control Commission were approved and mail to the seven engineering firms that were being invited to submit.  The Commission reviewed the hoop-up charges and voted to maintain the current fee.  The Commission will review next year.  A letter will be sent to the City to that effect.

f. Recycling Committee – no report
g. Police and Fire Commission - Minutes included (1/9/00)
h. Cable TV Committee – no report
i. Library Board
 
Ald. Craig stated that there will be a public forum (citizen’s input) at the Fish Hatchery on February 8, 7:30 p.m. with Himmel and Wilson on the building program for the Library. Library Board will be discussing the process for Polly’s replacement at the February 13 Board meeting.

j. Other committees
1. Upper Nemabin Lake Management District Bark River Study Group
Ald. Schuman reported that the meeting was held January 30, at the Summit Town Hall.  Representing the City were Alderperson Quartaro and Administrator Carlson.  A study group was formed and a preliminary report discussed.  It was reported that multiple drums were found and may contain hazardous materials.  After investigation by our Superintendent of Public Works and Fire Department.  One drum was found, with no markings on it and it appeared to have water in it that was frozen.  It was taken for testing, and the results are not available at this time.

Discussion took place on the salt levels in all Lakes in the State.  Ald. Quartaro stated that the water quality of the Lakes have improved substantially since sewers.   The Town of Summit proposed sewer project might improve water quality.  The Water Shed for the Bark River is regional and effected by regional land use planning.
 

5. OLD BUSINESS
a. Approve Ordinance 479 Creating Standards for Telecommunication Antennas and Towers

MOTION TO APPROVE ORDINANCE 479 CREATING STANDARDS FOR TELECOMMUNICAITON ANTENNAS AND TOWERS. (CRAIG/MATHEY) CARRIED.
b. Final Resolution 2001-06 regarding Milwaukee-Dopkins Special Assessment

MOTION TO APPROVE FINAL RESOLUTION 2001-06 REGARDING MILWAUKEE/DOPKINS STREET SPECIAL ASSESSMENT.  (QUARTARO/LIEBLANG) CARRIED.
c. Valley Road Farms, Addition No. 1, Approve final plat (continued)

6. MAYOR’S REPORT
a. Acceptance of resignation of Library Board Member Jody A. Goswitz
Mayor McAleer accepted the letter of resignation of Library Board member Jody A. Goswitz, thanked her for her many years of service.  He asked that Clerk to send certificate of appreciation.
b. Appointment of Phyllis Sigmond, 1543 Milwaukee St., to Library Board
Mayor McAleer wishes to appoint Phyllis Sigmond as the School representative on the Library Board to fill the unexpired term of Jody  Goswitz.  Term to expire July 2001.

MOTION TO APPOINT PHYLLIS SIGMOND TO THE LIBRARY BOARD AS THE SCHOOL REPRESENTATIVE UNTIL JULY 2001. (SCHUMAN/ROMOWSKI)  CARRIED.
 
7. NEW BUSINESS
a. Ordinance regarding overnight parking in Fish Hatchery lot (continued)
b. Request by City of Waukesha to join radionuclide case
Administrator Carlson received this request from the City of Waukesha. The City can join Waukesha, send a letter to our federal representatives, or do nothing.  Discussion took place regarding monies that may be involved in a lawsuit and if the City should tell the EPA on how to set their guidelines for acceptable levels.

MOTION TO DISPENSE SIGNING ON WITH THE PROJECT.  THE CITY DOES NOT WISH TO JOIN IN THE LAWSUIT.  (MATHEY/QUARTARO) CARRIED.

MOTION TO SEND LETTER TO EPA AND F. JAMES SENSENBRENNER, JR., BROOKFIELD OFFICE TO RECONSIDER THE EPA REGULATIONS ON RADIONUCLIDE.  (QUARTARO/ROMONOWSKI) (2-5) DENIED MOTION FAILED

8. ADMINISTRATOR’S REPORT

9. CLERK’S REPORT
a. Hearing date set for February 19, 2001 for Plat Approval Timeline Ordinance No. 486

10. FINANCIAL REPORT
a. Approve voucher list

MOTION TO APPROVE VOUCHER LIST. (ALDRIDGE/ROMONOWSKI)  CARRIED.

b. Approve December Treasurer’s Report

MOTION TO APPROVE THE DECEMBER TREASURER’S REPORT (SCHUMAN/ALDRIDGE)  CARRIED.

c. January Revenue & Expense Report (informational only)

11. Correspondence
a. Correspondence from Bonnie M. Fieber, regarding boathouses.
b. Correspondence from League of Wisconsin Municipalities-Kettl Commission Recommendations
c. Correspondence from Time Warner, regarding merger between TWI & AOL
d. Correspondence from Waukesha County Executive regarding Criminal Justice Task Force
e. Correspondence from U.S. Department of Commerce, thanking Delafield for participation in the 2000 Census
f. Correspondence from WCTC regarding Career & Technical Education Week (Feb. 11 - Feb. 17, 2001)
g. Correspondence from James and Janet Stoffer regarding Wholly Cow location & sidewalks dated January 25, 2001 and January 31, 2001
h. Correspondence from Cramer, Multhauf & James, LLP regarding the incorporation of the Town of Brookfield, as the Village of Brookfield
i. DNR letter dated February 1, 2001 to Mrs. Emily J. Joebken, 1001 Lake Drive, Delafield regarding Riprap Permit Dismissal
j. DNR letter dated February 1, 2001 to Mr./Ms. Bigalke, 1011 Lake Drive, Delafield regarding Riprap Permit Denial

12. ADJOURN INTO CLOSED SESSION

MOTION TO ADJOURN INTO CLOSED SESSION AT 9:12 P.M. 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. (PROFESSIONAL EMPLOYMENT/CONTRACTUAL AGREEMENTS AND CITY ADMINISTRATOR) (SCHUMAN/ROMANOWSKI) ROLL CALL:  ALD. MATHEY, YEA;  ALD. SCHUMAN, YEA; ALD. CRAIG, YEA; ALD. LIEBLANG, YEA; ALD. QUARTARO, YEA; ALD. ALDRIDGE, YEA; ALD. ROMANOWSKI, YEA.

13. RECONVENE

MOTION TO RECONVENE INTO OPEN SESSION AT 10:07 P.M. (CRAIG/SCHUMAN) ROLL CALL:  ALD. MATHEY, YEA;  ALD. SCHUMAN, YEA; ALD. CRAIG, YEA; ALD. LIEBLANG, YEA; ALD. QUARTARO, YEA; ALD. ALDRIDGE, YEA; ALD. ROMANOWSKI, YEA.

14. ACTION OF ANY ITEMS DISCUSSED IN CLOSED SESSION

15. ADJOURNMENT
 
 
 
 
 

MOTION TO ADJOURN AT 10:08 P.M. (SCHUMAN/CRAIG) CARRIED.

Respectfully submitted:
 

Marilyn Czubkowski, CMC
City Clerk/Treasurer