City of Delafield Common Council Minutes January 15, 2001 7:00 p.m

 

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Present:      Absent:
Mayor Ed McAleer,     None
Ald. Maurice Mathey, Dist. 1
Ald. Philip Schuman, Dist. 2
Ald. Paul Craig, Dist. 3
Ald. Rick Lieblang, Dist. 4
Ald. Linda Quartaro, Dist. 5
Ald. Kathy Aldridge, Dist. 6
Ald. James Romanowski, Dist 7
William Chapman,City Attorney
Marilyn Czubkowski, City Clerk
Matt Carlson, City Administrator
7:00 PM Public Hearing to consider adoption of an ordinance relating to telecommunication antennas and towers.
The Council will consider adoption of an ordinance relating to telecommunication antennas and towers.  The purpose of the Ordinance is to establish general guidelines for the siting and construction of towers and antennas.  The Ordinance encourages joint use of tower sites in nonresidential areas and establishes a maximum height.  Following a description of the proposed Ordinance, summary of legal issues and historical background by City Attorney William Chapman, the floor was opened to public comments.  No citizens commented on the proposed ordinance.
MOTION TO ACCEPT ORDIANCE WITH MODIFICATIONS (J. ROMANOWSKI/K. ALDRIDGE).  MOTION CARRIED.
Public Hearing to consider an ordinance to enact a temporary moratorium on building (development) within the City of Delafield.
The purpose of the Moratorium Ordinance is to allow time for review and revision, if necessary, of the storm water management and erosion control regulations and to analyze the impact of future growth on the school districts and the provision for City services.  City Attorney William Chapman provided a legal perspective.  An exclusion to this proposed ordinance would include building permits for minor repairs and for individuals already in the process of building.  After Attorney Chapman's presentation the floor was opened to public comments.  No citizens commented on the proposed ordinance.
MOTION TO ACCEPT ORDINANCE (J. ROMANOWSKI/L. QUARTARO).  MOTION CARRIED.
Public Hearing to consider revocation and suspension of license to Riverside Investments, LLC, Thomas E. Aul, agent, trade name Riverside Tavern, 815 Genesee Street.
 

City Attorney William Chapman provided a legal overview of the City Ordinance as it pertains to the current license holder and the need to publish the license once it is revoked or relinquished.  Mr. Aul, in effect, surrendered his license by not using it within a 90-day period.  Therefore, a public hearing is not necessary and no further action is needed.
Meeting was called to order by Mayor E. McAleer at 7:15 PM.  A quorum was present and acting.  The Pledge of Allegiance was recited.
Roll Call was taken.
1. Approve minutes of January 3, 2001.
Continued to next meeting due to the unavailability of minutes prior to tonight's meeting.
2. Citizen comments on items pertaining to this agenda.
Betsy Busch commented about the Sprinkler Inspection Fee under consideration.  B. Busch would like to see a fee based upon square footage and not a flat rate.
3. Consent Agenda
a) Approve Bartender License for: Gene E. Fontaine, W370 S1647 Utica Road, Dousman, Marty's Pizza, 2 year.
b) Ordinance 484 - Updating the City of Delafield Municipal Code
MOTION TO ACCEPT CONSENT AGENDA ITEMS (L. QUARTARO/P. SCHUMAN).  MOTION CARRIED.
4. Committee Reports
a) Licenses - no report
b) Plan Commission - M. Carlson reported that they are still working on Colder's development agreement and that the agreement will need to come back to the next meeting for review and final approval.
c) Lake Welfare Committee - Labels have been forwarded to Chairperson as well as Plan Commission meeting minutes.  There is a Southeastern Lakes Conference scheduled for those interested in attending on Saturday, January 27, 2001.  There is also a conference scheduled in Stevens Point on March 8-10, 2001 to learn about lake related issues and care.
d) Park and Recreation Commission - meets January 17, 2001.  No report.
 
 

e) Public Works Committee - Reviewed Colder's Furniture Site Engineering plan, which is not complete so Committee is requesting that they come back for review.  There is a special meeting planned on January 24, 2001 at 7:00 PM regarding 83/94.  Those invited to attend are representatives from DOT, Waukesha County Land Use and Lake Welfare, SEWRPC and concerned citizens.
List of streets for 2001 Street Improvement, one list is water system is  implemented and another list if water system is not implemented.  The Committee would like the Council's approval to proceed with list of streets so bidding for the City's contract may begin while the bidding climate remains favorable.  One of the contracts will be accepted contingent upon the water system outcome.  Also, would like projects completed before school begins in fall.
 MOTION TO AUTHORIZE THE CITY ENGINEER TO BEGIN PREPARING PLANS AND SPECS FOR THE TWO LIST OF STREETS FOR THE 2001 STREET IMPROVEMENT PROJECT (J. ROMANOWSKI/P. CRAIG).  MOTION CARRIED.
f) Del-Hart Commission - No report.
g) Recycling Committee - No report.
h) Police and Fire Commission - Congratulations to the new Chief of Police, Scott Taubel, who assumes office on February 1st.  Several Council members praised the incoming Chief for his professionalism and credentials.
i) Cable TV Committee - No report.
j) Library Board - The Board met last week with consultants Bill and Ethel Wilson to discuss the outcome of a preliminary focus group report.  Sixty-one people took part in the group.  P. Craig presented the report findings: library space is too cramped, computer technology is insufficient, books are too cramped and crowded, long lines at checkout, not enough natural light and too noisy.  What people would like to see is a grand architectural structure with lots of room, natural light, study rooms, viewing sections, meeting rooms, comfortable seating, fireplace, separate areas for children, adults, events, a safe and easy location to bike and walk to.  Staff members received high marks for their courteousness, helpfulness and professionalism.  The Interim Librarian is Terry Zignego.  The library hours will be changing from Monday through Saturday 9:30AM opening (Saturday at 9:00AM opening for the rest of January until February 3rd), and Sunday from 1:00PM to 4:00PM.  These hours are keeping with those of neighboring libraries.
k) Other committees - no report.
5. Old Business
a) Building Moratorium Ordinance - M. Carlson reported that the Plan Commission had put together an ordinance relative to a building moratorium.  Ordinance was discussed earlier during public hearing.
 

 
MOTION TO ACCEPT ORDINANCE (P. CRAIG/K. ALDRIDGE).  MOTION CARRIED.
 
b) Ordinance No. 479 Creating Standards for Telecommunications Antennas and Towers - Ordinance presented earlier by City Attorney W. Chapman, including the additional three amendments.  Discussion ensued as to height of tower, time limits and anticipating carriers that may solicit for space.  M. Carlson wanted some additional guidance relative to height and language before developing a lease.  Mayor McAleer would like to see a computer generated visual of how the structure will look to gain a perspective.  Ordinance language will need to be cleaned-up and brought back before the Council at its next meeting.
 
c) Liquor License Re-allocation - M. Czubkowski will provided information on liquor license application 96.10.  Council needs to notify public and establish a 45-day window to give interested parties an opportunity to apply for license.  The announcement will be sent to the paper tomorrow (January 16, 2001) for publication.  It was recommended that Council members become familiar with the criteria in Appendix A and guidelines for citizens interested in obtaining a license (things to consider are: type of business, tax revenue generated, economic impact, previous community contributions, future community contributions, employees, etc.).
 
d) Final Resolution regarding Milwaukee-Dopkins Special Assessment - M. Carlson reported on the Final Resolution Authorizing Public Improvements and Levying Special Assessments Against Benefited Property in Delafield, Wisconsin, which grants the City police power to exercise rights relative to public improvements, specifically the Milwaukee-Dopkins Streets special assessments.  Attorney Daniel Fay (who is representing Gary Neurnberger) and G. Neurnberger both appeared at tonight's meeting.  Attorney Fay expressed concerns over the cost of the special assessments to his client's property.  After a lengthy discussion the following motion was made:

MOTION THAT STREET LIGHTING NOT BE PART OF THE SPECIAL ASSESSMENT ($3,155), BUT BE MADE PART OF TIF. (L. QUARTARO/R. LIEBLANG).  MOTION CARRIED.
J. ROMANOWSKI OPPOSED MOTION.
 
MOTION THAT STORMWATER IS AN APPROPRIATE ASSESSMENT. (L. QUARTARO/R. LIEBLANG).  MOTION CARRIED.
 
MOTION, IF G. NEURNBERGER CANNOT GAIN ACCESS TO MILWAUKEE/DOPKINS STREET, THEN 50% IS APPROPRIATE.  IF HE DOES GET ACCESS THEN 75% SHOULD BE ASSESSED.  (L. QUARTARO/R. LIEBLANG).  MOTION CARRIED.
 
 
e) Sprinkler Inspection Fee Ordinance - M. Carlson supplied additional research as to Fire Sprinkler Systems and related costs.  A comparison chart was supplied to Council members.  Fire Chief Allyn Swayze was present during the meeting and involved in the discussion.  Different communities charge different fees.  There does not appear to be any continuity or standard formula to base fees upon but at the discretion of the particular city.  Council members debated whether fees should be based upon the number of sprinkler heads as well as square footage.  Discussion also focused on whether a certified engineer or someone else should review fire sprinkler systems.  Discussion also focused on whether the developer should be responsible for special fees related to sprinkler inspection and survey.  This item will be tabled to investigate which firms are able to investigate systems for effectiveness and structure.  Mayor McAleer would like to see the $175 fee broken up into separate categories and based upon other costs that are more equitable including the size of the structure.
 
MOTION TO ACCEPT ORDINANCE AS WRITTEN WITH (5) ADDED ON THAT IF THE FIRE DEPARTMENT FEELS UNCOMFORTABLE WITH THE PLAN, ANY COST INCURRED BY THE CITY TO PREPARE A COMPLETE PLAN REVIEW SHALL BE PAID IN ADVANCE BY THE PERMIT APPLICANT (P. CRAIG/K. ALDRIDGE).  MOTION CARRIED.

f) Discussion regarding Lake Country School District land purchase - P. Schuman asked that this topic be brought before the Council.  Some concerned citizens have contacted P. Schuman about the status of the land purchase.  Citizens should be directed to contact the school board for further information.  A public hearing will need to be held for any rezoning issues.  Discussion of issue postponed until a later date.

g) Discussion regarding Public Works Director position - included in 2001 budget - J. Romanowski prepared a comprehensive memo detailing the projects affecting the City and his recommendations.  J. Romanowski strongly advised that the Council hire a Public Works Director to ensure that projects are monitored.  The salary for this position will be paid from the water fund and the sewer fund, and does not impact on the general fund.  M. Carlson prepared a cost analysis and possible savings to the City for hiring a Director as opposed to paying consultants.  Savings is estimated to be between $5,000-10,000, is  based upon the Village of Hartland model for its Public Works Director, but this is hard to calculate because of the variables involved.  J. Romanowski reiterated the amount of time that he, the City Administrator and others have spent on engineer projects and problems.  Several Council members expressed their concern of the cost to the City and possible citizen reaction since taxes were just raised.  Extensive discussion occurred on this topic.
 
MOTION TO HIRE A PUBLIC WORKS DIRECTOR (P. SCHUMAN/J. ROMANOWSKI). P. CRAIG, L. QUARTARO, K. ALDRIDGE, AND M. MATHEY OPPOSED.  MOTION FAILS.

MOTION TO TABLE THE HIRING OF THE PUBLIC WORKS DIRECTOR UNTIL AFTER THE WATER REFERENDUM (P. CRAIG/L. QUARTARO).  J. ROMANOWSKI OPPOSED.   MOTION CARRIES.
 
h) Valley Road Farm, Addition No. 1, Approve Final plat (continued) - continued until next meeting.
6. Mayor's Report
a) Appointment
None.
7. New Business
a) EMS billing recommendation - M. Carlson provided background information and commended M. Czubkowski, Betsy Busch, Holly Arndt and Allyn Swayze for their hard work in putting together the recommendations.  M. Czubkowski explained the need for investigating whether to seek a new billing service due to concerns over the timliness of reports and the decline in revenue received.  Proposals were reviewed as well as vendors interviewed.  Council members were provided information as to the various billing proposals.  The Committee recommended EBIX be given the contract because of its rate, turn around time, willingness to work with the City and access to hospital databases.  Discussion ensued over the proposals.

MOTION TO RECOMMEND EBIX AND AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE A CONTRACT WITH THAT COMPANY FOR SERVICES (P. SCHUMAN/P. CRAIG).  MOTION CARRIED.

b) Ordinance regarding overnight parking in Fish Hatchery lot - M. Carlson requested guidance on drafting an ordinance for overnight parking on the north end of the Fish Hatchery Parking Lot.  It was recommended that M. Scaff's input also be sought.  It was suggested that residents be allowed to park at Fish Hatchery for free since they have already paid to have it constructed.  Allowing residents to park at Fish Hatchery would free up street parking making it easier for plowing during snow emergencies and parking spaces for customers near businesses.  M. Carlson will go back to do further review and seek additional input.  It was suggested that there be a 24 hour limit.  It was suggested that residents not be allowed to park overnight on Oneida in order to encourage them to park at Fish Hatchery.  This topic will be discussed again in May 2001.
 
b) Reimbursement Resolution recommended by City's Bond Counsel - M. Carlson presented the annual resolution for reimbursement from bond proceeds (up to 6.8 million).  Per I.R.S., a resolution must be made.  Resolution was included in Council members' packets.

 
MOTION TO ACCEPT RESOLUTION RELATIVE TO REIMBURSEMENT (P. SCHUMAN/K. ALDRIDGE).  MOTION CARRIED.
8. Administrator's Report - A meeting relative to the Bark River Study Group at Summit Town Hall is scheduled for January 30, 2001 at 7:00PM.  A meeting is also scheduled with the City Engineer, Mayor, City Clerk and City Administrator to meet with the Village President, Village Clerk and Village Engineer from the Village of Nashotah on January 23, 2001, to discuss storm water management issues.
9. Clerk's Report - none.
10. Financial Report
a) Approve voucher list

MOTION TO APPROVE VOUCHER LIST (P. SCHUMAN/M. MATHEY).  MOTION CARRIED.
b) November's Treasurer's Report
MOTION TO APPROVE TREASURER'S REPORT (P. CRAIG/R. LIEBLANG).  MOTION CARRIED.
11. Correspondence
a) Correspondence from Department of Natural Resources to notify of public hearing to be held on January 31, 2001, at 2:00PM and 7:00PM.
b) Correspondence from James Romanowski congratulating Daniel Key & Ron Miskelley on decision to run for Alderperson of District 7.
12. 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).
MOTION MOVED BY ALD. MATHEY, SECONDED BY ALD. CRAIG AT 9:23 PM TO ADJOURN TO CLOSED SESSION 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 EMPLYMENT/CONTRACTUAL AGREEMENTS) ROLL CALL:  ALD. MATHEY, YEA; ALD. SCHUMAN, YEA; ALD. CRAIG, YEA; ALD. LIEBLANG, YEA; ALD. QUARTARO, YEA; ALD. ALDRIDGE, YEA; ALD. ROMANOWSKI, YEA. CARRIED.
13.  Reconvene into open session
MOTION TO RECONVENE INTO OPEN SESSION AT 10:17 PM (CRAIG/ROMANOWSKI) ROLL CALL:  ALD. MATHEY, YEA; ALD. SCHUMAN, YEA; ALD. CRAIG, YEA; ALD. LIEBLANG, YEA; ALD. QUARTARO, YEA; ALD. ALDRIDGE, YEA; ALD. ROMANOWSKI, YEA. CARRIED.
14. Adjournment
MOTION TO ADJOURN AT 10:18 PM (ALDRIDGE/SCHUMAN) CARRIED.

Respectfully submitted,
 

Dawn L. Drellos
Evening Clerk