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Common Council Minutes January 3, 2001 7:00 p.m |
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Common Council Minutes January 3, 2001 7:00 p.m |
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COMMON COUNCIL MEETING MINUTES
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
City Administrator Matt Carlson
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 December 4 and 6, 2000.
MOTION TO APPROVE DECEMBER 4 AND 6, 2000 MINUTES (L. QUARTARO/K. ALDRIDGE).
P. SCHUMAN ARRIVED AFTER VOTE. MOTION CARRIED.
2. Citizen comments on items pertaining to this agenda.
None
3. Consent Agenda
a) Approve bartender license for Susan T. Schelach, Sentry foods, one
year
b) Approve list of election workers (2 yrs.)
c) Amendment to professional service agreement with Foth & Van
Dyke
d) Riprap permit for Dennis B. Cooper (went to Lake Welfare 12/13)
e) Resolution No. 2001-01, Declaring Official Intent to Reimburse Expenditures
for Clean Water Fund Project (Foth and Van Dyke)
f) City acceptance of Milwaukee Street right of way dedication
g) Ordinance No. 483, "Sewer Service Ordinance" amendment
MOTION TO ACCEPT CONSENT AGENDA FOR ITEMS 3 A THROUGH 3 E (J. ROMANOWSKI/L.
QUARTARO). MOTION CARRIED.
MOTION TO ACCEPT CONSENT AGENDA ITEM 3 F (P. CRAIG/J. ROMANOWSKI).
MOTION CARRIED.
MOTION TO ACCEPT CONSENT AGENDA ITEM 3 G (K. ALDRIDGE/J. ROMANOWSKI).
MOTION CARRIED.
Discussion: P. Craig wanted to make the public aware that there is
$0 cost to the City for item 3 f. M. Carlson explained the historical
perspective of Ordinance No. 483 as it relates to item 3 g.
4. Committee Reports
a) Licenses-Discussion regarding reallocation of additional liquor
licenses.
M. Czubkowski explained State Statutes pertaining to liquor license
allocation and the procedure involved. Discussion occurred relative
to Tom Aul's Class "B" liquor license and his letter wishing to transfer
the license to Bob Lang. However, City Code dictates how licenses
are allocated and can also be forfeited for lack of use.
b) Plan Commission-Minutes provided (11/29/00, Draft)
J. Romanowski reported as to the activities of the Commission.
A draft of the last meeting minutes was distributed for review. The
Commission approved Perkin's Site Plan. It also reviewed the site
plan for Colder's and approved the construction of a private boathouse.
The Valley Farms Preliminary Plat No. 1 will be discussed at a later time.
c) Lake Welfare Committee-Minutes provided (12/13/00, Draft)
P. Schuman reported as to the activities of this Committee. Committee
members continued to voice their concerns over water run-off into the Lake.
Members requested that F. Welch appear before the Committee to address
concerns and explain how development projects are approved and monitored.
J. Romanowski interjected information about the status of the stormwater
report and discussion with DOT, SWERPC and concerned citizens. Minutes
from the Public Works Committee are being forwarded to the Lake Welfare
Committee for review. M. Carlson is contacting Waukesha County for
address labels as requested by the Lake Welfare Committee.
d) Park and Recreation Commission
The Commission did not meet in December.
e) Public Works Committee-Minutes provided (11/01/00, Draft)
The Public Works Committee met on December 6, 2000, to continue with
old business. J. Romanowski reported as to the activities of this
Committee including the 83/94 project, Steeple Point Sub-division water
runoff problems, staff level meeting with consultant for storm water runoff,
the Hilton Hotel and Brennan's developments.
f) Del-Hart Commission
There was a public hearing on December 12, 2000, at which time Foth
& Van Dyke gave a presentation. DNR to approve by 2004.
Current users will not have to pay more to finance new construction.
g) Recycling Committee
No report.
h) Police and Fire Commission-Minutes provided (12/07/00, Draft)
No report.
i) Cable TV Committee
No report.
j) Library Board
P. Craig reported on the activities of the Board. A membership
contract with the Waukesha County Federal Library System has been approved
and the Library's bills were closed-out for the year. The librarian
will resign to take a new position and plans are being made to appoint
an interim until a permanent replacement is found. The current library
project is moving forward. The Board is preparing to commence a search
for a new Library Director.
k) Other committees-LACS/Shared Dispatch update (Ald. Quartaro-Minutes
provided, 12/14/00)
L. Quartaro reported on the activities of the Steering Committee and
the merging with the Waukesha County Sheriff's Department, which may be
in place by the fall of 2001. The Steering Committee has been charged
with directing and coordinating the merger of the dispatch center functions.
Issues such as the controlling legal authority, billing procedures and
amount, and union contracts still have to be worked out. Discussions
are continuing for the countywide merger.
5. Old Business
a) Building Moratorium Ordinance (continued to 01/15/01)
b) Ordinance N. 479 Creating Standards for Telecommunications Antennas
and Towers (continued to 01/15/01)
The preceding ordinance announcements were published for public hearing
dates.
6. Mayor's Report
a) Appointment
None.
7. New Business
a) Sprinkler Inspection Fee Ordinance
Kevin Keith, Division Chief for the City of Delafield Fire Department,
provided the Council with a study of how Delafield's sprinkler fees compares
with that of other municipalities. K. Keith advocates a fee structure
that is more inline with that of other communities. M. Carlson reported
on the current inspection services fees. An amended ordinance will
need to be passed to update the fire code. P. Craig commended K.
Keith for doing an excellent job in creating the comparison chart.
R. Liebling and L. Quartaro expressed concerns with the higher fees and
the impact upon businesses. Mayor McAleer stated that this a fee
for service and not a new tax. J. Romanowski stated that the sprinkler
inspection cost should not be absorbed by the general fund. An occupancy
permit will be connected to having the inspection performed. Discussion
continued over concerns of cost to business and the rationale for higher
fees, as well as the utilization of recently hired staff that may have
the time to perform this task. M. Carlson stated that the Council
has several options:
1. Approve as submitted
2. Ask for more research
3. Compare/contrast individual elements
4. Reject, not appropriate at this time
MOTION TO GET A TOTAL COST OF WHAT IT IS COSTING A BUSINESS FROM OTHER
CITIES COMPARED TO THAT OF DELAFIELD (R. LIEBLING/M. MATHEY). MOTION
CARRIED.
b) Drainage and Landscaping Discussion regarding Steeple Pointe Subdivision
M. Carlson requested that this item be added to the agenda. F.
Welch invited Sean O'Connor, of the O'Connor Company, to be present at
tonight's meeting. F. Welch wants to outline a program for restoring
the ponds, landscaping, etc at the subdivision. F. Welch prepared
a color-coded sketch illustrating the problems at the subdivision relative
to flow and drainage. He also described the flooding and erosion
channel sediment problems. The original landscaping areas have been
destroyed and silt has become unsightly. F. Welch has been working
with S. O'Connor trying to rectify the problems. Part of the solution
may be to raise areas to drain. Plans to be submitted by Bitner and
Associates to the Plan Commission for review. The City still retains
a $110,000 bond of credit. The bond is automatically renewed unless
the City responds within the 60-days of the renewal notice canceling the
bond. F. Welch has received numerous calls from concerned citizens
about the Steeple Pointe problems. Concerns include that the problem
be rectified before area is turned over to the Homeowner's Association.
S. O'Connor indicated that he too would like to see the problems resolved
before the Homeowner's Association takes control. He also plans on
building his own home at Steeple Pointe, and therefore, has a vested interest
in wanting the problems resolved, per his testimony. In March, S.
O'Connor will come back before the Council with a plan to remedy the situation.
Extensive discussion ensued as to concerns over the length of time and
seriousness of the flooding problems. Mayor McAleer wants plans to
go before the Public Workers Commission by the 1st Wednesday in February
and then to the Plan Commission and staff.
John Bergeson, 185 Steeple Pointe Court, asked about the easement behind
the homes and the significant runoff from there. Deterioration of
riprap has caused problems with flow. Before bond is released all
problems regarding runoff will need to be resolved.
c) Tax Key 804.989 Parcel #4 of CSM 9025 Meridian Hillside LLC-SIP
approval of Colder's Furniture
Eric Neuman of MSF representing Colder's Furniture and Bob Felker presented
the development plan, which has already gone before the Plan Commission
for approval. A confirmation of tree removal and replacement is still
needed.
E. Neuman gave a brief summary of the report that he presented before
the Plan Commission. The Colder's building is 75,000 square feet.
The Council was provided with architectural renderings and samples of materials
to be used in the construction of the building. Council members referred
to the Plan Commission minutes of 12/12/00 for additional details on the
project. An inventory of the trees will need to be done. Colder's
representatives are going back to the Public Works on January 4, 2001,
to discuss erosion control and tree inventory. However, stormwater
requirements have been met.
MOTION TO ACCEPT PLAN COMMISSION RECOMMENDATIONS AS OUTLINED IN THE
DRAFT PLAN COMMISSION MINUTES PENDING FINAL APPROVAL BY THE PUBLIC WORKS
COMMITTEE (J. ROMANOWSKI/R. LIEBLING). MOTION CARRIED.
d) Valley Road Farms, Addition No. 1. Approve final plat
J. Romanowski reported about the last Plan Commission meeting where
R. Leopfe was also present. Commission had a number of conditions:
1. Deed restrictions filed with each plat
2. Preservation easement with no out buildings and possible other restrictions
M. Carlson provided background on the importance of clearly defining
what can and can not be done in a preservation site. He also outlined
code requirements and recommended that the timeline be waived in order
to workout something that is acceptable.
MOTION TO WAIVE TIME LINE AND PURSUE APPROVAL AT STAFF LEVEL TO HAMMER
OUT AGREEMENT (L. QUARTARO/P. CRAIG). MOTION CARRIED.
e) Request by Horizon Development regarding sanitary sewer billing.
Philip J. Schultz, Development Manager for Horizon, requested that
the City officially refer the matter of billing for sanitary sewer service
under the CBRF definition to the Del-Hart Commission with a recommendation
that Hillside Woods pay for sewer service based upon metered flow.
P. Schultz outlined his reasoning by comparing the actual amount residence
use with that of the current sewer billing structure. He further
stated that elderly residents on fixed incomes would have to pay more in
rent because of the water billing structure. P. Schultz further believes
that Hillside Wood Senior Campus meets the Code requirements as a CBRF.
Mayor McAleer disagreed with P. Schultz assessment of the situation
and would not recommend the City support of Hillside's request. The
Mayor is concerned that any rate differentially would have to be made up
by the City and that this would be unfair. Additionally, Bill Chapman,
the City Attorney, disagrees with P. Schultz's position that Hillside would
fall under the definition of a CBRF. After further discussion, J.
Romanowski stated that the City should go on record with its position and
not leave it open ended.
MOTION TO ACCEPT RECOMMENDATION OF CITY ATTORNEY TO DENY REQUEST (L.
QUARTARO/R. LIEBLING). MOTION CARRIED.
f) Resolution No. 2001-02, Authorizing The Issuance of General Obligation
Promissory Note (Equipment Note) to Waukesha County for Trunked Radio System
M. Carlson presented to the Council an accurate breakdown of what is
being financed, $104,165. He recommended approval of promissory note
and execution (less and not to exceed figure).
MOTION TO APPROVE RESOLUTION (L. QUARTARO/K. ALDRIDGE). MOTION
CARRIED.
8. Administrator's Report
Christmas tree recycling program will start next Monday, January 8,
2001. All materials or plastic bags should be removed. M. Carlson
also thanked all city employees who worked to keep up with the problems
caused by the snow - especially the Public Works Department in removing
snow and the Police Department.
9. Clerk's Report
a) Public Hearing date for liquor license revocation at former Riverside
Tavern, 815-817 Genesee Street.
b) Public Hearing rescheduled for Building Moratorium (1/15/01)
c) Public Hearing rescheduled for Telecommunications Ordinance (1/15/01)
Hearing dates have been set. Also, it is time for filings of
elections. No primaries will be required. The following papers
have been received:
Maurice Mathey - unopposed
Paul Craig - unopposed
Linda Quartaro and Jack LaFore
10. Financial Report
a) Approve voucher list
b) September and October Treasurer's Report
c) Revenue and Expense report - December (information only)
MOTION PASSES FOR APPROVAL OF VOUCHER LIST (R. LIEBLING/P. CRAIG).
MOTION CARRIED.
MOTION TO APPROVE ITEMS 10 B AND C (P. CRAIG/R. LIEBLING). MOTION
CARRIED.
11. Correspondence
a) Correspondence from Ms. Elizabeth A. Larsen, Southeastern Wisconsin
Regional Planning Commission regarding progress payment with progress report
attachment
b) Correspondence from Time-Warner
c) Notice of Public Hearing from the Public Service Commission
of Wisconsin regarding the cost of fuel (Meeting date: 1/23/01)
d) Notice of Public Hearing from the Public Service Commission of Wisconsin
regarding the cost of fuel (Meeting 2/19/01)
e) Notice of Public Hearing from the Public Service Commission of Wisconsin
regarding the revision of Wis. Admin. Code Chapter PSC 2 Practice and Procedure
before the Commission
f) Correspondence from Time Warner regarding cost estimate to provide
link from Cushing Elementary School to Delafield City Hall
g) Village of Hartland Ordinance No. 650-00 to create Section 17.03(30)(d)(10)
To Permit Public and Private Recreational Purposes As Conditional Uses
Within the B-5 Light Industrial Planned Development District
12. Adjourn to closed session
MOTION MOVED BY ALD. QUARTARO, SECONDED BY ALD. LIEBLANG AT 9:11 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.
(CITY ADMINISTRATOR) 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 9:45 PM (SCHUMAN/CRAIG) 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. Adjournment
MOTION TO ADJOURN AT 9:46 PM (SCHUMAN/CRAIG) CARRIED.
Respectfully submitted,
Dawn L. Drellos
Evening Clerk